1. (a) DCYF, or other licensing agency in consultation with DCYF, shall issue a kinship caregiver a written order to comply if the kinship caregiver violates the kinship care home licensing requirements of this part and the violation is not related to the health or safety of the child in care.

2. (b) A written order to comply shall:

   1. (1) Be sent to the kinship caregiver by certified mail to the kinship caregiver’s last known mailing address on file with DCYF, or be served to in hand to the kinship caregiver;
   2. (2) Specify each violation of He-C 6447;
   3. (3) Give notice that the kinship caregiver has 60 days from the date of the corrective action plan in (c) below to correct the violation(s);
   4. (4) Specify the action that shall be taken by the department if the kinship caregiver fails to correct the violation(s) identified in the order to comply within the specified time period; and
   5. (5) Be filed with the DCYF director or designee.
3. (c) Within 14 calendar days of the date of the order to comply, the kinship caregiver shall jointly develop a corrective action plan with the licensing agency to address the violations.

4. (d) The kinship caregiver shall not accept additional children in care:

   1. (1) After receiving an order to comply, as described in (b) above, and prior to the development of an approved corrective action plan;
   2. (2) During an ongoing investigation of alleged child abuse or neglect; or
   3. (3) During an investigation of an alleged violation of RSA 126-U.
5. (e) The licensing agency shall offer an opportunity for informal dispute resolution to any kinship caregiver who disagrees with a violation cited on an order to comply, provided that the kinship caregiver submits a written request via email or USPS for informal dispute resolution to the licensing agency no later than 14 calendar days from the date the order to comply was issued.
6. (f) The department shall review the facts and information presented by the kinship caregiver and provide a written notice of decision to the kinship caregiver within 14 calendar days of receipt.
7. (g) An informal dispute resolution shall not be available for any kinship caregiver against whom DCYF has initiated action to revoke a license or permit or deny a license or license renewal.
8. (h) If any violation poses a present risk to the health or safety of the child in care, the department shall immediately, with court approval if required by law, remove the child in care from the kinship care home without issuing an order to comply.

9. (i) The department shall not issue an order to comply if:

   1. (1) There is a founded report of child abuse or neglect for the kinship caregiver;
   2. (2) There is a judicial finding of abuse or neglect made of the kinship caregiver; or
   3. (3) The kinship caregiver is convicted of a felony or other crimes as described in He-C 6447.30(a).

Source. #14390, eff 9-24-25, EXPIRES: 9-24-35