1. (a) Background record checks shall be completed in accordance with this section.

2. (b) The following individuals shall complete and submit for a background record check using the NHCIS portal, “New Background Record Check” (August 2025) prior to employment or residency, as applicable, and every 5 years thereafter:

   1. (1) Child care staff;
   2. (2) Substitutes;
   3. (3) Other employees;
   4. (4) Volunteers who might be alone with children or are included in staff to child ratios; and
   5. (5) Household members 18 years of age and older, or when turning 18 years of age.

3. (c) By submitting for a background check in NHICS as required in (b) above, each individual certifies at submission:

   “a) All information provided above is accurate.

   b) I have not been charged pending disposition or 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 any other violent or sexually related charge or misdemeanor against a child, including child abuse, child endangerment, sexual assault, or a misdemeanor involving child sexual abuse images, 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.”

4. (d) The background record check shall be completed in accordance with RSA 170-E:7, unless exempted from this requirement as permitted under RSA 170-E:7, II-a.
5. (e) Pursuant to RSA 170-E:7, IV-b, individuals exempt in accordance with (d) above shall have on file at the program, a statement from the individual stating since the day the individual’s background check was completed, that they have not been convicted of any crimes as specified in RSA 170-E:7, III and IV, and have not had a finding by the department or any administrative agency in this or any other state for abuse, neglect, or exploitation.

6. (f) For all household members between 13 through 17 years of age, the program shall submit to the unit a completed and notarized “Staff and Household Member Form” (August 2025), certifying the following:

   “a) All information provided above is accurate.

   b) I have not been charged pending disposition or 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 any other violent or sexually related charge or misdemeanor against a child including child abuse, child endangerment, sexual assault, or a misdemeanor involving child sexual abuse images, 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.”

7. (g) The form required in (f) above shall be submitted:

   1. (1) With the initial licensing application in accordance with He-C 4002.02(e)(5);
   2. (2) When a household member reaches 13 years of age; and
   3. (3) When an individual between 13 through 17 years of age becomes a household member.
8. (h) The unit shall determine the individual’s eligibility in accordance with RSA 170-E:7, III and IV and notify the program and individual within 45 days of submission of all required information as required in this section and RSA170-E:7.
9. (i) Individuals required to complete background record checks as specified in (b) above may be on the premises for orientation or training activities but shall not interact with children until the program receives notice of eligibility from the unit.
10. (j) When the unit receives the results of the fingerprint-based criminal background check for an individual that does not include any disqualifying information as described in RSA 170-E:7, III and IV, it shall notify the program that the individual may be present in the program, provided the individual is never alone with children and always under the direct supervision and observation of a staff member whom the unit has deemed eligible. This direct supervision and observation shall continue until the unit receives all results from the background check required in RSA 170-E:7 and notifies the program and individual as described in (h) above.

11. (k) When the department determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:7, III or IV, it shall provide notice to the individual that includes:

    1. (1) The department’s determination of ineligibility;
    2. (2) The basis for the determination; and
    3. (3) The individual’s right to challenge their criminal record pursuant to Saf-C 5703.12.

12. (l) When the department determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:7, III or IV, it shall provide notice to the child care program that:

    1. (1) The department determined the individual to be ineligible to work in child care; and
    2. (2) The program shall take immediate action to prohibit the individual from being on the premises of the child care program and from having access to the children enrolled in the program.
13. (m) The child care program shall inform the department in writing within 2 business days of receipt of the notice in (k) above of the specific action it has taken as required under (l)(2) above.
14. (n) The program manager shall update the staff roster in the NHCIS portal within 5 business days when the individuals as described in (b) above are no longer working in the program or part of the household, with the date they left the program.
15. (o) The program manager shall notify the department immediately when they learn of any charges or convictions of an individual after the individual’s determination of eligibility.
16. (p) The department shall require the individual to complete additional background checks when the department needs additional information to determine if the individual’s eligibility must be rescinded per RSA 170-E:7, IV-a, with notification provided per (k) and (l) above.

Source. #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.41)