N.H. Code Admin. R. He-C 4002.39
Night Care Program
Effective Sep 22, 2025#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (formerly He-C 4002.38); 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 4002.37); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.40)Commissioner, Department of Health and Human Services
- (a) Any program which intends to provide child care services during the evening or night time hours, between 7:00 PM and 5:00 AM shall be licensed to operate as a night care program.
- (b) Center-based night care programs shall comply with He-C 4002.01 through He-C 4002.32, He-C 4002.34, He-C 4002.40 through He-C 4002.44, and the requirements applicable to the specific program type(s) for which they are licensed as well as the requirements in this section.
- (c) Night care programs operating in private homes shall comply with all of the requirements for family and family group child care homes but shall not be required to comply with the requirements specified in He-C 4002.34.
- (d) Child care staff shall not allow children attending a night care program to remain in the program for more than a total of 13 hours in any 24-hour period, except in an emergency, or situations when the parents or guardians are working over 13 hours during a 24-hour period, or parents or guardians are deployed during the weekend by the military.
- (e) Child care staff shall schedule activities in night care programs that address the basic and individual needs of children, including but not limited to relaxation, meals, play, and sleep.
- (f) Child care staff shall provide for privacy appropriate to the developmental needs and ages of children while allowing for age-appropriate supervision of each child for bathing and toileting, and for sleeping if staff are not in the same room or are using an electronic monitor to check on the sleeping children.
- (g) Child care staff shall provide each child in a night care program with clean bedding and a bed or crib with a mattress, a cot, or sleeping bag on a rest mat.
- (h) Child care staff shall make sleeping arrangements that ensure that children who stay all night are not disturbed by the departure or arrival of those who stay only a portion of the night.
- (i) Child care staff shall be awake during operating hours.
Source. #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (formerly He-C 4002.38); 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 4002.37); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.40)