1. (a) Background record checks shall be completed in accordance with this section.
2. (b) Prior to the start date and every 5 years thereafter, an employee, volunteer, household member, or other individual who will be working in the residential program and is 18 years of age or older shall submit for a background record check using the NHCIS portal.
3. (c) The background record check shall be completed in accordance with RSA 170-E:29-a, unless exempted from this requirement as permitted under RSA 170-E:29-a, IV-a.
4. (d) For individuals exempted from completing a background record check in accordance with (c) above, the program shall ensure the individual completes a request to transfer their employment eligibility to the program using the NHCIS portal.

5. (e) For every individual age 12 years through 17 years, other than residents admitted to the program, the program shall, prior to the individual’s start date, submit to the unit:

   1. (1) A completed and notarized “Staff and Household Member Form” (February 2025), certifying the following:

      “a) All information provided above is accurate.

      b) I have not been convicted of a felony consisting of murder, child abuse or neglect, crimes against children (including pornography and trafficking), spousal abuse, rape or sexual assault, kidnapping, arson, physical assault or battery, or a drug related offense (in the last 5 years) or convicted of a violent misdemeanor as an adult against a child including child abuse, child endangerment, sexual assault or child pornography, or a crime which shows that I might be reasonably expected to pose a threat to a child, such as violent crime or sexually related crime against an adult.” ; and

   2. (2) All forms and any required fees to complete registry checks when the individual has lived in any state other than NH, or a United States territory, within the previous 5 years.
6. (f) Individuals age 12 years through 17 years who completed the registry checks through the unit during the previous 5 year period and who have been employed, are a volunteer, or a household member in any New Hampshire licensed child care program within the prior 6 months of their start date, shall submit a completed and notarized “Staff and Household Member Form” (February 2025), and shall be exempt from submitting the item in (e)(2) above.
7. (g) Upon receipt of the information requested in (b) and (e) above, the unit shall assess the individual’s eligibility for employment in accordance with RSA170-E:29-a, V or VI, and if eligible, notify the program of the individual’s eligibility and the date the eligibility expires, which shall be 5 years for submissions in (b) and the 18th birthday of the individuals submitted in (e).
8. (h) All individuals shall complete the background record check prior to their expiration of eligibility.

9. (i) If the unit determines that an individual is ineligible, in accordance with RSA170-E:29-a, V or VI, it shall provide notice to the individual that:

   1. (1) The individual has been determined by the unit to be ineligible;
   2. (2) The basis for the determination that the individual is ineligible; and
   3. (3) The individual’s right to challenge their criminal record pursuant to Saf-C 5703.

10. (j) If the unit determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:29-a, V or VI, it shall provide notice to the residential child care program that:

    1. (1) The individual has been determined by the unit to be ineligible;
    2. (2) The program shall take immediate action to prohibit the individual from being on the premises of the residential child care program and from having access to the residents admitted to the program; and
    3. (3) The residential child care program shall inform the unit in writing of the specific action it has taken as required under (2) above.
11. (k) When the program learns of any charges or convictions of individuals after the determination of eligibility, the program shall report them to the unit immediately.
12. (l) The unit may require the individual to complete additional background checks when the unit needs additional information to determine if the individual’s eligibility must be rescinded per RSA 170-E:29-a, VII, with notification provided per (i) and (j) above.

Source. #13151, eff 12-30-20; ss by #14214, eff 4-1-25