1. (a) Except as identified elsewhere in He-C 6350, all residential treatment programs shall comply with this section.
2. (b) Residential treatment programs shall be licensed in accordance with RSA 170-E or RSA 151, or the equivalent applicable licensure in the state in which they operate. Residential independent living programs which operate supported independent living, for example apartments, shall not be required to maintain a license for the child’s apartment under RSA 170-E or RSA 151.
3. (c) Residential treatment programs shall be enrolled in New Hampshire medicaid and shall comply with administrative rule He-C 6420.
4. (d) Providers shall maintain general liability insurance pursuant to 42 USC 671(a)(10)(C).

5. (e) Residential programs shall comply with the following:

   1. (1) Any administrative rules specific to their category of service;;
   2. (2) The Juvenile Justice and Delinquency Prevention Act, 42 USC 5601-5681;
   3. (3) RSA 170-A, and RSA 169-A, as applicable;
   4. (4) RSA 126-U, and He-C 901; and
   5. (5) Foster care bill of rights pursuant to RSA 170-G:21.

6. (f) Residential treatment programs shall provide the following at the program:

   1. (1) Care in a structured, trauma informed, therapeutic environment and milieu;
   2. (2) Support to children and families 365 days a year including nights, weekends, and during visits;
   3. (3) Monitoring and assessment of the whereabouts and safety when a child is in the immediate care of the residential treatment program;
   4. (4) Age and developmentally appropriate opportunities and activities consistent with the reasonable and prudent parent standard that positively support the education, physical, intellectual, and social needs of children within the residential treatment program and community;
   5. (5) Positive youth development techniques that emphasize providing services and opportunities to support youth in developing a sense of competence, usefulness, belonging, and empowerment;
   6. (6) Opportunities for children to maintain contact with their siblings and other family, kin, and identified connections;

   7. (7) Daily programming to include:

      1. a. Supervision;
      2. b. Access to education pursuant to He-C 6350.29;
      3. c. Social and family services;
      4. d. Adult living preparation;
      5. e. Recreation;
      6. f. Rehabilitative services in accordance with He-C 6420;
      7. g. Behavioral health services in accordance with He-C 6420; and
      8. h. Independent living programs are not required to provide the above and they shall not be required to provide 24 hours a day 7 days a week of supervision. Supervision schedules shall be based on program model and individual needs of the child;
   8. (8) Coordination of services to transition the child from the residential program to the identified discharge plan, permanency plan, or concurrent plan;
   9. (9) Communication and documentation for children who are in court-ordered placement. The program shall provide court reports to DCYF for distribution and corresponding presence at hearings when requested by the court or by DCYF where DCYF may request court reports for a regular review hearing and provide 14 calendar day’s notice before the scheduled hearing unless otherwise mutually agreed upon with the program and department or ordered by the court; and
   10. (10) Coordination of medical care with the guardian including but not limited to working collaboratively with DCYF so they are able to provide monitoring of children receiving psychotropic medications pursuant RSA 170-G:4, XXIII.
7. (g) DCYF shall provide the program with a completed Form 1552 “Child/Youth Information Sheet” (September 2025) signed and dated by the child’s parent or guardian. Every 6 months thereafter, the program shall review the information on the form, update the form as necessary, sign and date the form, and provide the updated form to DCYF, indicating changes or no changes. Additional attachments to the forms may be used to accompany the required information.
8. (h) Residential treatment programs shall have relief staff to respond to emergency situations and additional staff available to contact for support and consultation.
9. (i) Residential treatment programs shall follow staff training requirements and use effective de-escalation techniques to support the children’s individualized treatment needs and ensure the safety of all children at the program.
10. (j) For any initial placement of a child due to a petition filed under RSA 169-C, a program shall ensure a child’s health needs are met by arranging, in conjunction with the CPSW, a comprehensive physical exam to occur within the first 30 days of admission.

11. (k) All residential treatment programs shall provide and coordinate services and individual treatment interventions to meet the goals identified in the treatment plan, as follows:

    1. (1) The treatment plan for children placed through DCYF shall be consistent with the DCYF case plan, or for children in an episode of treatment through BCBH, the treatment plan shall be consistent with the CME transitional enhanced care coordination (TRECC) care plan, when either has been provided to the program;
    2. (2) Treatment interventions shall be trauma-informed and meet the individual needs of the children and families in therapeutic and group-living experiences;
    3. (3) Treatment programs shall include individual and group problem solving and support decision-making which may include individual counseling or group counseling, or both;
    4. (4) The clinical coordinator shall ensure therapeutic interventions and other services are implemented and integrated into the treatment programming for the individual child and family;
    5. (5) Services required by the treatment plan including individual, group, and family counseling to children shall be available within the residential treatment program or shall be referred to community agencies depending on the specialized need of the child and family, and the category of service;
    6. (6) Direct care staff that provides group counseling shall receive supervision from clinical staff;
    7. (7) Programs shall collaborate cooperatively with DCYF and CME for transition and discharge planning; and
    8. (8) Treatment plans shall be time-limited for the purpose of providing treatment and stabilization to the child and preparing the family or the identified resource for a transition to home and community or another identified setting.
12. (l) ABA shall be provided by a register behavioral technician, BCBA, or staff who have been trained to implement the intervention, as applicable.
13. (m) Treatment programs shall support family-centered practices and incorporate the family-centered focus in the program’s milieu.
14. (n) Residential treatment programs shall make normal daily decisions in the life of the child and grant permission for participation in family, school, community, cultural, and social leisure time activities based on their age, ability, development, treatment plan, case plan, or court order consistent with the reasonable and prudent parent standard.
15. (o) During the course of treatment, if there is a court order that limits or prohibits the child’s contact with the parent or guardian, or if DCYF is in the process of securing such court order, the program shall not be required to engage the parent or guardian in the treatment planning process or provide them with documentation of progress reports or incident reports.

Source. #6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06 New. #8693, eff 7-27-06; ss by #10759, eff 1-17-15; amd by #12609, eff 8-23-18; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36