1. (a) A background check shall be conducted in accordance with RSA 170-E:3-a and RSA 170-E:7 on any of the following individuals who will have regular contact with or provide care for children in a child care setting in a private home or facility-based program:

   1. (1) The applicant or in-home provider;
   2. (2) Each staff member employed by the facility-based program; and
   3. (3) All household members residing with the applicant or in-home provider.

2. (b) Each individual listed in (a) above who is 18 years of age or older shall submit for a background record check in the “New Hampshire Connections Information System” (NHCIS) found at https://new-hampshire.my.site.com/nhccis/s/login, as follows:

   1. (1) At the time of an applicant’s initial request for enrollment in accordance with He-C 6914;
   2. (2) For facility-based programs, prior to the first day of employment for any new staff member;

   3. (3) For in-home providers, prior to the first day that:

      1. a. A new household member moves into the home; and
      2. b. A previous household member returns to the home;
   4. (4) For in-home providers, within 30 calendars days that a current household member turns 18 years of age; and
   5. (5) Once every 5 years in order to maintain enrollment.

3. (c) Pursuant to RSA 170-E:7, IV-b, individuals exempt in accordance with (a) above shall have on

   1. (1) Has not been convicted of any crimes; and
   2. (2) Has not had a finding by the department or any administrative agency in this or any other state for abuse, neglect, or exploitation.

   file at the program, a statement from the individual stating since the day the individual’s background check was completed, that the individual :

4. (d) The department shall make a determination regarding the individual’s eligibility in accordance with RSA 170-E:7, III and IV and notify the provider and individual within 45 days of submission of all required information as required in this section and RSA 170-E:7.
5. (e) When the department 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 provider 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 department has deemed eligible. This direct supervision and observation shall continue until the department receives all results from the background check required in RSA 170-E:7 and notifies the provider and individual as described in (d) above.

6. (f) 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 the individual’s criminal record pursuant to Saf-C 5703.12.

7. (g) 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 provider that:

   1. (1) The department determined the individual to be ineligible to work in child care; and
   2. (2) The provider 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.
8. (h) The provider shall inform the department in writing within 2 business days of receipt of the notice sent in (g) above of the specific action it has taken as required under (g)(2) above.
9. (i) Any individual who has been separated from employment from a child care provider within the state for a period of 180 consecutive days or more, shall be required to submit a new criminal background check prior to employment or submitting an application seeking enrollment, as described in (b) above pursuant to RSA 170-E:7, II-a (b).
10. (j) If the results of the background check are not received by the department due to the applicant’s or provider’s failure to complete the process described in He-C 6920.04(a) and (b) above, the application for initial enrollment or renewal of enrollment shall be denied, and the payments to the provider shall be withheld in accordance with He-C 6920.08.
11. (k) Individuals required to complete background record checks as specified in (a) above shall not have access to children or be on the premises of the child care facility, the in-home provider’s home, or the child’s home, if care is provided there, during the hours of child care until the provider receives notice of eligibility to work pursuant to RSA 170-E:7, III from the department.

Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22; amd by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35