Bill Text: NH HB230 | 2022 | Regular Session | Amended

New Hampshire House Bill 230 (Prior Session Legislation)

Bill Title: Relative to child day care monitoring visits and the appeals process for child day care providers.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2022-07-07 - Signed by Governor Sununu 07/01/2022; Chapter 287; I. Sec 2 eff. 01/01/2023 II. Rem eff. 08/30/2022 House Journal 14 [HB230 Detail]

Download: New_Hampshire-2022-HB230-Amended.html

HB 230 - AS AMENDED BY THE SENATE

5Jan2022... 2227h

04/21/2022 1518s

2021 SESSION

21-0148

05/08

HOUSE BILL 230

AN ACT relative to child day care monitoring visits and the appeals process for child day care providers.

SPONSORS: Rep. McWilliams, Merr. 27; Rep. Yokela, Rock. 33; Sen. Whitley, Dist 15

COMMITTEE: Executive Departments and Administration

-----------------------------------------------------------------

AMENDED ANALYSIS

This bill revises the procedure for posting results of child day care monitoring visits on the department of health and human services website and expands the licensees' opportunity to respond to the department's findings, and provides that, with limited exception, the agency may operate pending appeal of the department's decision.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5Jan2022... 2227h

04/21/2022 1518s 21-0148

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty One

AN ACT relative to child day care monitoring visits and the appeals process for child day care providers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Child Day Care Licensing; Record of Licenses and Investigatory and Monitoring Visits. RSA 170-E:10, II and III are repealed and reenacted to read as follows:

II. Information submitted in the application process shall be private, confidential, and not available for review. However, the license itself, the findings of investigatory and monitoring visits, and final decisions relative to licensure of the child day care agency shall be considered public information, posted on the department's website, and available for review by members of the public. The findings of investigatory and monitoring visits and final decisions relative to licensure shall be posted on the department's website not less than 21 business days from the date of the finding or decision, and shall be available on the website for a period of 3 years.

III. At least 15 business days before posting the results or findings of an investigatory visit, monitoring visit, or a final decision relative to licensure on the department's website, the department shall notify the child day care agency of its findings and the date on which the information shall be posted on the department's website. The department may provide such notice by email or, if the child day care agency has not provided an email address, by United States mail. If the child day care agency submits a response prior to the date of posting, the child day care agency's response shall also be posted on the department's website.

2 Child Day Care Licensees; Hearings. Amend RSA 170-E:13, III to read as follows:

III. When the department decides to suspend, revoke, deny, or refuse to renew a license or permit, and it expressly finds that the continued operation of a child day care agency [violates any minimum standard prescribed by law or rule, or otherwise jeopardizes] poses a present and credible threat to the health[,] or safety[, morals or welfare] of children served by the agency, the department shall include in its order issued under paragraph I an order of closure directing that the operation of the agency terminate immediately or on the date specified. [In this event, the agency shall not] Unless the department has ordered the agency to terminate immediately, the agency shall be permitted to operate during the pendency of any proceeding for the review of the decision of the department[, except under court order]. Notwithstanding the above, the agency shall retain the right to seek injunctive relief in accordance with RSA 170-E:22.