N.H. Admin. Code § He-C 4002.15

Current through Register No. 45, November 7, 2024

Section He-C 4002.15 - Notice and Reporting Requirements to the Department and Parents

(a) A licensee or permittee shall notify the unit:

(1) Using the "NH Connections" portal or in writing prior to changing the name or advertising under a new name, including any documentation from the secretary of state, if applicable, when he or she wishes to change the name of the program, so that a revised license which reflects the name change can be issued;

(2) Using the "NH Connections" portal or in writing within 2 business days when there is a change in mailing address, email address, or phone number;

(3) Using the "NH Connections" portal or in writing within 5 business days when child care staff, other staff, or household members are no longer working in the program or part of the household, to include their full name and the date he or she left the program;

(4) In writing 5 business days prior to the vacancy when known, or within 5 business days of the date of the vacancy of the center director, agency administrator, site coordinator, or site director, pursuant to He-C 4002.05(f);

(5) Within one business week when the licensee voluntarily ceases operations, pursuant to He-C 4002.05(p);

(6) When a licensee ceases operations as a licensed provider and operates legally licensed exempt, pursuant to He-C 4002.05(p);

(7) When a licensee temporarily closes for longer than 30 days, pursuant to He-C 4002.05(q);

(8) Within 48 hours of a child sustaining a serious injury, pursuant to He-C 4002.12(a)(2);

(9) Prior to making any structural changes to indoor or outdoor child care space that would create a wall, change room capacity, or egress, or adding new space, pursuant to He-C 4002.22(c)(1);

(10) Within 24 hours of any changes in indoor or outdoor space due to an emergency, pursuant to He-C 4002.22(c)(2);

(11) In writing within 5 business days regarding changes pursuant to He-C 4002.02(q) and He-C 4002.22(c)(3);

(12) No later than the next business day after calling law enforcement or emergency responders to the program for incidents or events involving enrolled children;

(13) When there is a motor vehicle accident involving program staff and children, or when children are involved in a motor vehicle accident during a program-sponsored trip involving a driver not employed by the program or licensee;

(14) Within 24 hours of any occurrence of a missing child or a child who has been put at risk due to lack of supervision; and

(15) Within 24 hours of the death of a child, and provide the department a written report detailing the circumstances that led up to the death within 72 hours.

(b) A licensee, permittee, or his or her designee shall:

(1) As mandated reporters, report to the division for children, youth, and families at 1-800-894-5533, if the licensee, permittee, child care staff, or other person involved with a program suspects that a child is being abused or neglected, in accordance with RSA 169-C:29; and

(2) Contact the bureau of disease control and prevention in accordance with He-C 4002.11(d).

(c) The center director, site director, family child care provider, or designee shall notify a child's parent(s):

(1) Immediately to report any allegation of abuse or neglect involving their child while in the care and custody of the licensee;

(2) Immediately to report that their child was the victim of corporal punishment, rough handling, or other harsh treatment by child care staff;

(3) Immediately to report that child care staff failed to supervise their child;

(4) Immediately to report that their child's health, safety, or well-being was seriously jeopardized due to non-compliance with He-C 4002 or RSA 170-E;

(5) Immediately to report that their child sustained a serious injury that required emergency medical treatment or hospitalization, in accordance with He-C 4002.12(a)(1);

(6) Immediately if their child sustains a bump or injury to their head or face that is more than a minor injury such as a scrape or scratch, resulting in any one of the following:

a. Excessive bruising or swelling;

b. An increase in fussiness or sleepiness;

c. Dizziness, clumsiness, or trouble with coordination;

d. Nausea or vomiting;

e. Loss of consciousness;

f. Headache;

g. Speech, vision, or hearing impairment; or

h. Discharge or blood from the bump;

(7) Except as required in (6) above, as soon as possible on the date their child sustains an injury that is more than a minor scrape or bruise which requires first aid treatment, medical treatment, or medical consultation;

(8) Immediately in the event of a suspected allergic reaction or ingestion of or contact with a known allergen, even if a reaction did not occur;

(9) Immediately in the event of a medication error, and by the end of the day in the event of an error in documentation the administration of medication;

(10) Immediately after calling the police when the program determines that their child is missing;

(11) Immediately if their child dies while under the care of the program;

(12) Upon determining the need to remove their child from the program due to illness, in accordance with He-C 4002.11(b);

(13) Within 24 hours, notify all parents via posting of written notice at the program, email to parents, or private social media account whenever a communicable disease or condition is identified in the program;

(14) Whenever the program deviates from the planned menu as indicated on children's allergy care plans, as applicable; and

(15) In writing:

a. When the program reduces staff during naptime in accordance with He-C 4002.26(v)(5) and (6); and

b. At least 2 days prior to of the use of any pesticides in accordance with He-C 4002.23(j).

(d) Child care staff shall provide a written report by the next business day to the parents of the child or children involved to fully inform them of the details of the incident described in (c)(1)-(7) above, including if known:

(1) The name of who was involved in, and who witnessed the incident, while keeping the identities of other children confidential;

(2) What occurred prior to and following the incident;

(3) When and where the incident occurred; and

(4) Any action taken, or that will be taken by the program as a result of the incident.

(e) In addition to the circumstances for notifying emergency services as prescribed in first aid and CPR training, the licensee or permittee shall notify emergency services:

(1) In the event of a missing child, call the police as soon as it is determined that the child is not on the premises;

(2) Immediately whenever staff administer epinephrine (Epi-pen) to a child; and

(3) Immediately when a child dies.

(f) When the unit determines that a child was the victim of abuse, neglect, corporal punishment, or other harsh treatment, a child was physically injured because he or she was not supervised, or any child's health, safety, or well-being was otherwise jeopardized due to a program's non-compliance with licensing rules, the department shall notify the child's parents.

N.H. Admin. Code § He-C 4002.15

#2664, eff 3-30-84, EXPIRED 3-30-90

New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97

New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.17)

Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12046, Effective 11/19/2016, Expires 5/18/2017.

Ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17;

Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12415, Effective 11/6/2017, Expires 11/6/2027.

Amended by Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032