N.H. Code Admin. R. He-C 4002.28
Diapering and Toilet Learning
Effective Sep 22, 2025#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 4002.31); 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 (formerly He-C 4002.28); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.29)Commissioner, Department of Health and Human Services
- (a) Programs serving diapered children and children who are not toilet trained shall have a diaper changing area, which shall be located adjacent to or in close proximity to a designated hand washing sink to allow access for hand washing without having to open doors or gates or have physical contact with other children.
- (b) Children in diapers shall be changed on a non-porous, washable surface, used exclusively for diaper changing and sanitized after each diaper change.
- (c) A covered, hand-free receptacle, lined with a plastic bag, shall be located within reach of the diaper changing area for disposal of soiled disposable diapers and cleansing articles.
- (d) The diaper changing area shall not be in kitchens or in food preparation or food service areas, or on surfaces where food is prepared or served.
(e) In addition to the requirements in (a) through (d) above, in center-based programs the diaper changing area shall be:
- (1) Located in the room where the children in diapers are cared for; and
- (2) Equipped with a sink adjacent to or near the diaper changing area designated exclusively for adult and child hand washing after diaper changing or toileting.
- (f) Programs shall not use a sink for hand washing after diapering or toileting if food preparation or washing dishes or eating utensils occurs in the sink.
- (g) At least every 2 hours, child care staff shall check diapers or clothing to determine if they are soiled or wet, and change them if they are.
- (h) During each diaper change, soiled areas of children shall be washed with single use cleansing articles such as baby wipes or soft paper towels that have been moistened with water.
- (i) If an elevated diaper changing surface is used, child care staff shall remain at the elevated diaper changing surface and keep one hand on the child at all times while a child is on it.
- (j) For each child there shall be a supply of clean diapers, clothing, and bedding for use as needed.
- (k) Programs shall obtain written instructions from the parent or guardian for the use of non-disposable diapers, which shall include instructions for the sanitary handling, storage, and return of soiled diapers to the parent or guardian.
- (l) Soiled disposable diapers and cleansing articles shall immediately be placed in a plastic bag lined, hands-free receptacle.
- (m) The plastic bag containing the soiled diapers and cleansing articles shall be removed daily, securely closed, and placed outside in covered garbage cans for collection or removal at regular intervals.
- (n) Covered hands-free receptacles used to dispose of diapers and cleansing articles shall be cleaned and sanitized at least once each day.
- (o) Programs using a commercial diaper service shall handle soiled diapers in accordance with written instructions from the service, with a copy of the instructions available on site for review by the department upon request.
- (p) Toilet learning shall be individualized, developmentally appropriate, conducted in accordance with a plan developed by each child’s parents or guardians and child care staff, and never forced.
Source. #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 4002.31); 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 (formerly He-C 4002.28); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.29)