N.H. Code Admin. R. He-M 203.05
Resolution of Individual Child Complaints – Requesting an Impartial Due Process Hearing
Effective Sep 23, 2023#5744, eff 12-1-93; ss by #6727, eff 4-1-98; ss by #7233, eff 4-22-00; ss by #9135, INTERIM, eff 4-22-08, EXPIRED: 10-19-08 New. #9593, eff 11-11-09 (from He-M 202.03); ss by #10324, eff 4-26-13; ss by 13751, eff 9-23-23Former Division of Mental Health and Developmental Services
- (a) A parent may request an impartial due process hearing to address a complaint related to the identification, evaluation, or provision of appropriate early supports and services for his or her child.
- (b) The complaint described in (a) above shall allege a violation that occurred not more than one year prior to the date that the complaint is received.
- (c) Mediation, pursuant to He-M 203.04, shall be made available to the parent whenever an impartial due process hearing is requested.
- (d) Parents shall submit requests for an impartial due process hearing to address a complaint, in writing, to the bureau and send a copy to the FCESS program and area agency.
- (e) If a parent is unable to make a request in writing, the agency or department employee receiving a complaint shall document the complaint in writing and seek to have the complaint signed by the complainant.
(f) The written request in (d)-(e) above shall include:
- (1) The child’s name and home address;
- (2) The name of the provider or FCESS program serving the child;
- (3) A statement identifying the points of disagreement related to the identification, evaluation, or provision of appropriate FCESS to the child or the family;
- (4) A proposed resolution to the disagreement;
- (5) The signature and contact information of the person submitting the complaint; and
- (6) The date of the complaint.
Source. #5744, eff 12-1-93; ss by #6727, eff 4-1-98; ss by #7233, eff 4-22-00; ss by #9135, INTERIM, eff 4-22-08, EXPIRED: 10-19-08 New. #9593, eff 11-11-09 (from He-M 202.03); ss by #10324, eff 4-26-13; ss by 13751, eff 9-23-23