1. (a) In addition to the reasons for denial specified in RSA 170-E:35, the department shall deny a permit, license, or renewal application for a kinship care home if the applicant or any adult household member:

   1. (1) Has been convicted of a felony for child abuse or neglect, spousal abuse, any crime against children, child pornography, rape, sexual assault, or homicide, but not including other physical assault or battery in accordance with 42 USC 671(a)(20)(A)(i);
   2. (2) Has been convicted of a felony for physical assault, battery, or a drug-related offense, and that felony was committed within the past 5 years, in accordance with 42 USC 671 (a)(20)(A)(ii); or
   3. (3) Has been convicted of a violent or sexually related crime against a child, or of a crime which shows that the person might be reasonably expected to pose a threat to a child, such as a violent crime or a sexually related crime against an adult, pursuant to RSA 170-E:29, III.

2. (b) Unless DCYF determines through an investigation that the individual does not pose a present threat to the health, safety, or well-being of the child, the department shall deny an application for a permit or license if the applicant or any household member:

   1. (1) Is the subject of a founded complaint of child abuse and neglect in New Hampshire or any other state;
   2. (2) Has been convicted of a misdemeanor against minors or adults, except those described in (a)(3) above;
   3. (3) Has a motor vehicle record or is the subject of a report from another source, including a local law enforcement agency, which, following assessment, indicates that the applicant or a household member might reasonably be expected to pose a threat of harm to a child;
   4. (4) Presents, through the information provided pursuant to He-C 6447.04 through He-C 6447.08, a set of qualifications and characteristics which DCYF determines, when taken as a whole, does not reflect and support the purposes of a kinship care home, as established in He-C 6447.02 and the “Foster Care Children’s Bill of Rights” codified in RSA 170-G:21; or
   5. (5) Any other condition or circumstance which indicates to the department that the individual might reasonably be expected to pose a threat to the safety, health, or well-being of a child.

3. (c) The investigation identified in (b) above shall include an opportunity for the individual to present evidence on their own behalf to show that they do not pose a threat to a child. The department shall conduct the investigation and consider the following when making its determination:

   1. (1) All documentation and information gathered, observed, and reported throughout the licensing process including the home study evaluation and assessment;
   2. (2) The length of time that has passed since the conviction or finding, in conjunction with the individual’s demonstration of a sustained commitment to positive change or rehabilitation since the conviction or finding;
   3. (3) The individual’s truthfulness and cooperation with the department’s investigation; and
   4. (4) Any extenuating or mitigating circumstances surrounding the conviction or finding.

4. (d) In addition to the reasons set forth in (a) and (b) above and pursuant to RSA 170-E:35, the department shall revoke a license or permit for kinship care home if the licensee or permit holder:

   1. (1) Substantially or repeatedly does not comply with the kinship family care home permit or license requirements in He-C 6447 and RSA 170-E, or violates the provisions of their permit or license;
   2. (2) Knowingly furnishes or makes false or misleading statements or information, or omits information in statements or submissions to the licensing agency;
   3. (3) Refuses to submit or make available the information or documents required in He-C 6447.04 through He-C 6447.12;
   4. (4) Refuses or does not cooperate with all aspects of an investigation of reported child abuse and neglect;
   5. (5) Refuses or does not admit authorized personnel into the home for the purpose of a child abuse and neglect report investigation, home visit, pre-arranged visit, unannounced visit, or for and supervision or oversight of the child in care in accordance with He-C 6447.13 and pursuant to RSA 169-F:7;
   6. (6) Does not provide and maintain a safe and sanitary home in accordance with RSA 170-E:35, He-C 6447.06, and He-C 6447.08;
   7. (7) Does not maintain resources adequate for the child in care in accordance with He-C 6447.04 and He-C 6447.06;
   8. (8) Substantially or repeatedly fails to work cooperatively with the licensing agency, DCYF representatives, a parent of the child in care, or a service provider in implementing the child's case plans and permanency goals in accordance with He-C 6447.24;
   9. (9) Interferes with reunification or a transition of the child in care to another placement;
   10. (10) Makes unfounded derogatory statements with malicious intent about licensing agency staff, DCYF representatives, the family of the child in care, other licensed caregivers, or service providers; or
   11. (11) From the information provided pursuant to He-C 6447.04 through He-C 6447.07, He-C 6447.10, and He-C 6447.11, presents a set of qualifications and characteristics which, DCYF determines, when taken as a whole, does not reflect and support the purposes of kinship care home, as established in He-C 6447.02, and the “Foster Care Children’s Bill of Rights” codified in RSA 170-G:21.
5. (e) In addition to the reasons set forth in (a), (c) and (d) above, the department shall revoke the license or permit if the identified violations are not corrected within 60 days of the date of the completed and submitted corrective action plan described in He-C 6447.29.
6. (f) If the department revokes or denies a permit, license, or license renewal to operate a kinship family home, or denies a waiver request, the department shall, pursuant to RSA 170-E:36, I, send a notice which sets forth the particular reason for the determination to the applicant, licensee, or permit holder, by certified mail to the individual’s last known address on file with the department, or by serving the individual in hand.
7. (g) Pursuant to RSA 170-E:36, I, the denial or revocation shall become final 10 calendar days after receipt of the notice unless the applicant, licensee, or permit holder requests a hearing pursuant to RSA 170-E:36, II and in accordance with He-C 203.

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