Bill Text: NH HB1478 | 2014 | Regular Session | Introduced
Bill Title: Relative to oversight of child day care agencies.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2014-06-27 - Signed by the Governor on 6/16/2014; Chapter 0128; Effective 8/15/2014 [HB1478 Detail]
Download: New_Hampshire-2014-HB1478-Introduced.html
HB 1478 – AS INTRODUCED
2014 SESSION
05/10
HOUSE BILL 1478
AN ACT relative to state licensing and oversight of child care agencies.
SPONSORS: Rep. Warden, Hills 39; Rep. Meaney, Hills 6; Rep. Burt, Hills 6; Rep. Pratt, Hills 6; Rep. Hikel, Hills 6; Sen. Boutin, Dist 16
COMMITTEE: Children and Family Law
This bill:
I. Amends the definition of a family group day care home.
II. Gives child day care agencies time to correct any deficiencies identified by the department of health and human services before they are made public.
III. Clarifies certain day care licensing and professional development requirements.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2294
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to state licensing and oversight of child care agencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition of Family Group Day Care Home. Amend RSA 170-E:2, IV(b) to read as follows:
(b) “Family group day care home” means an occupied residence in which child day care is provided for less than 24 hours per day, except in emergencies, for 7 to 12 children from one or more unrelated families; 8 of whom may be under 3 years of age and 4 of whom may be under 2 years of age. The 12 children shall include all children related to the caregiver and any foster children residing in the home, except children who are 10 years of age or older. In addition to the 12 children, up to 5 children attending a full day school program may also be cared for up to 5 hours per day on school days and all day during school holidays.
2 New Paragraph; Statement of Findings Defined. Amend RSA 170-E:2 by inserting after paragraph XIII the following new paragraph:
XIV. “Statement of findings” or “findings” mean areas where corrective actions are necessary in order for the child day care agency to comply with a statute or rule adopted under RSA 541-A. Statements of findings shall not be based on department guidelines.
3 Issuance of Child Day Care License. Amend RSA 170-E:8, III to read as follows:
III. The department shall make monitoring visits a minimum of once yearly during each licensing period. Only [At least] one such visit during the licensing period shall be unannounced. Clear and comprehensive records shall be maintained by the department on each licensed agency showing the dates and uncorrected findings of each such visit. Such records shall be made available to the child day care agency. [If the child day care agency is found not to be in compliance with the statute or with rules adopted by the commissioner, a corrective action plan shall be submitted to the department. Failure to submit an acceptable plan shall result in license suspension, denial, or revocation.]
4 New Paragraphs; Corrective Action; Margin of Error. Amend RSA 170-E:8 by inserting after paragraph IV the following new paragraphs:
V. Following any monitoring visits, licensing visits, or investigation of complaints, the child day care agency shall have 72 hours to correct any findings of the department prior to the results of the visit being posted on the department’s website or otherwise made available to the public. If, after 72 hours, the child day care agency is found not to be in compliance with the statute or with rules adopted by the commissioner, the uncorrected findings of the visit may be posted on the website or otherwise made available to the public. The child day care agency shall submit a corrective action plan to the department for any uncorrected finding and failure to submit an acceptable plan may result in license suspension, denial or revocation. Any response from the child day care agency shall be attached to and made a part of the public record of the department.
VI. The child day care agency shall be given a reasonable margin of error with respect to any violation of a rule or statute identified by the department before any finding of noncompliance by the department, including the following:
(a) Regarding daily staff and child attendance records, the child day care agency shall be given a 10 percent margin of error;
(b) Regarding the maintenance of child and employee health records, the child day care agency shall be given a 10 percent margin of error; and
(c) Regarding minimum staff to child ratios and staffing levels, the child day care agency shall be given a 10 percent margin of error.
5 New Paragraph; License Renewal. Amend RSA 170-E:9 by inserting after paragraph II the following new paragraph:
II-a. The department shall not require the child care personnel to complete more than 12 hours of professional development in a period of 12 months. The 12-month period shall end on July 1 of each year. Any child care personnel hired within 6 months prior to July 1 shall have until July 1 of the following year to complete the 12 hours of professional development.
6 Record of License. Amend RSA 170-E:10, II to read as follows:
II. The license itself, [and] the findings of monitoring, investigatory, or licensing visits, the child day care agency’s response to such findings, if any, and final decisions relative to licensure of the child day care agency shall be considered public information, available for review by members of the public; information submitted in the application process, however, shall be private, confidential, and not available for review.
7 Rulemaking; Professional Development. Amend RSA 170-E:11, I(b) to read as follows:
(b) The character, qualifications, mental and physical ability and competence of the applicant as well as all persons directly responsible for the care and welfare of children served, or of persons who will be providing necessary care for children and maintaining prescribed standards, or of persons who will do both. The department shall not require any child care assistants who work 3 or fewer hours per day to complete professional development hours.
8 Rulemaking. Amend RSA 170-E:11, IV to read as follows:
IV. Policy and procedures concerning monitoring visits, investigation of complaints and disciplinary proceedings, including corrective action plans, against licensees; provided that the department shall permit a representative of the child day care agency to be present during any staff or child interview and shall allow an audio recording of the interview.
9 Effective Date. This act shall take effect January 1, 2015.
