1. (a) The program shall:

   1. (1) Abide by the provisions specified on the license or permit; and
   2. (2) Not alter the license or permit issued by the department.
2. (b) As mandated reporters, the program manager or designee shall report to the division for children, youth, and families (DCYF) at 1-800-894-5533, if the licensee, 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.

3. (c) Program managers shall notify the unit using NHCIS or in writing regarding the following program changes:

   1. (1) Prior to changing the name of the program or advertising under a new name, and provide documentation from the secretary of state, if applicable, and the date for which they want the new program name to be effective, so that the unit can issue a revised license which reflects the name change; and
   2. (2) Within 5 business days when there is a change in mailing address, email address, or phone number.

4. (d) Program managers shall notify the unit in writing:

   1. (1) Within 24 hours of any occurrence of a missing child or a child who was either inside or outside without staff supervision unless otherwise permitted in accordance with He-C 4002.19;
   2. (2) Within 24 hours to initially report the death of a child, with a follow up report no later than 72 hours after the death, detailing the circumstances;
   3. (3) Within 24 hours of a change of indoor or outdoor space if, due to an emergency, approved child care space cannot be used due to reasons including, but not limited to, damages which make an area unsafe for children;

   4. (4) No later than the next business day:

      1. a. When there is an allegation of abuse or neglect involving a child while in the care and custody of the licensee;
      2. b. When a staff member of the program used corporal punishment on, or rough handling of, a child in care;
      3. c. In addition to (d)(1) above, after calling law enforcement or emergency responders to the program for incidents or events involving enrolled children; and
      4. d. 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 licensee; and
   5. (5) Within 30 business days if the applicant permanently discontinues using a space for child care if it affects the license capacity as reflected on the license, so that the unit can record the change in the file and revise the license accordingly if necessary.

5. (e) The department shall authorize a licensee to exceed its license capacity for up to a maximum of 20 workdays in a calendar year, if the department finds that the approval will not result in:

   1. (1) More than 4 children younger than 3 years of age being cared for at the same time in a family or family group child care home or small child care center;
   2. (2) More than 2 children younger than 24 months of age in a family child care home or small child care center, without an additional child care worker or child care assistant present and assisting in the care of the children;
   3. (3) More than 2 children over license capacity in a family or family group child care home or small child care center;
   4. (4) More than 4 children over license capacity in all other programs; or
   5. (5) Health or safety risks to children.

6. (f) With the exception of a family child care provider, when the program manager on record with and approved by the department leaves the position, the licensee or their designee shall submit to the department:

   1. (1) Written notice within 10 business days of the date of the vacancy; and
   2. (2) The name and qualifications of the individual who will substitute in the role, together with documentation that the individual accepted the position.
7. (g) Any individual assuming the role of center director or site director on a temporary basis who is not qualified for the position in accordance with He-C 4002.34 shall serve in that role for not more than 120 consecutive days.

8. (h) Not more than 120 consecutive days after the date the qualified center director or site director previously on record with and approved by the department leaves the position, the program shall:

   1. (1) Replace that individual with a fully qualified center director or site director; and

   2. (2) Submit to the department information and documents for the new qualified center director or site director, including:

      1. a. Name;
      2. b. The effective hiring date;
      3. c. Documentation of education and experience as specified in He-C 4002.34; and
      4. d. A “Child Care Personnel Health Form” (August 2025) or an equivalent record of a health screening, as specified in He-C 4002.02(d).

9. (i) When an agency administrator or site coordinator leaves their position, the program shall:

   1. (1) Replace them with a new agency administrator or site coordinator within 120 days and submit information as specified in (h)(2) above; or
   2. (2) Submit information in (h)(2) above for each center director or site director at each location if the agency administrator or site coordinator position will not be filled.
10. (j) In accordance with RSA 170-E:6-b, each licensee shall either maintain liability insurance or provide disclosure to parents or guardians at enrollment of their child that the program is uninsured.
11. (k) All documentation required by the department, whether maintained by the program in electronic or paper format, shall be complete, legible, and available for review by the department upon request.
12. (l) The licensee shall maintain a child’s records on file at the program or keep them readily available for 2 years after the child’s last day of enrollment in the program.

13. (m) The licensee shall maintain the following documentation on file at the program or keep the documentation readily available for at least one year:

    1. (1) Staff records;
    2. (2) Staff and child attendance records;
    3. (3) Field trip permission slips;
    4. (4) Emergency operations plan (EOP) practice drills; and
    5. (5) Monthly fire drills.
14. (n) The program manager or designee shall submit any reports or make available to the department any records or information required by the department for investigation, monitoring, or licensing purposes upon written request from the department.

15. (o) The applicant, licensee, or any child care staff shall not:

    1. (1) Prevent, interfere with, or fail to cooperate with any inspection or investigation conducted by the department; or
    2. (2) Falsify any documents, other written information, or reports issued by or required by the department under He-C 4002.
16. (p) Programs shall comply with all applicable local, state, and federal ordinances, rules, and laws.
17. (q) A licensee who has an unplanned temporary closure shall notify the department of such closure as soon as practicable.

Source. #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; ss by #9310, eff 11-23-08 (from He-C 4002.06); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35