New Hampshire Revised Statutes 170-E:25 – Definitions
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In this subdivision:
I. “Child” means any person under 21 years of age, or up to the age of a child with a disability as defined in N.H. Rev. Stat. § 186-C:2, I and is receiving special education or special education and related services as identified by the child’s school district.
II. “Child care agency” means any person, corporation, partnership, voluntary association or other organization either established for profit or otherwise, who regularly receives for care one or more children, unrelated to the operator of the agency, apart from the parents, in any facility as defined in this subdivision and maintained for the care of children. The types of child care agencies are defined as follows:
(a) “Child care institution” means a child care agency where more than 12 children are received and maintained for 24-hour care for the purpose of providing them with care or training, or both. The term “child care institution” shall not include:
(1) Any state operated institution for child care or juvenile detention established by law.
(2) Any institution, home, place, or facility operating under a license pursuant to N.H. Rev. Stat. § 151:2.
(3) Any boarding school in which children are primarily taught branches of education corresponding to those taught in public elementary schools or high schools, or both, and which operates on a regular academic school year basis, and which is approved by the department of education.
(4) Any licensed recreation camp.
(b)(1) “Foster family home” means child care in a residence in which family care and training are provided on a regular basis for no more than 6 unrelated children, unless all the children are of common parentage. The maximum of 6 children includes the children living in the home and children received for child care who are related to the residents.
(2) If the limit of 6 children under subparagraph (a)(1) is reached, the foster family is willing and able to take a sibling or a group of siblings of a child already in their care, and the department has concluded that the foster family is able to provide for the safety, permanency, and well-being of the child or children, the department may, notwithstanding the limitations of subparagraph (a)(1), place the sibling or group of siblings in the foster family home.
(c) “Group home” means a child care agency which regularly provides specialized care for at least 5 but no more than 12 children who can benefit from residential living either on a short-term or long-term basis.
(d) “Independent living home” means a child care agency which regularly provides specialized services in adult living preparation in an experiential residential setting for persons 16 years of age or older who have a legal relationship with the department of health and human services and who can benefit from independent living training.
(e) “Specialized care” means a child care agency which regularly provides general care for children who are diagnosed as mentally ill, intellectually disabled, or physically disabled and who are determined to be in need of special mental treatment or nursing care, or both.
(f) “Homeless youth program” means a program, including any housing facilities utilized by such program, which receives any child for the purpose of providing services to facilitate independent living including all of the following program components: individual assessment, referral, housing, and case management. Such services may be provided directly by the agency or through one or more contracts for services.
(g)(1) “Kinship care home” means a type of foster home in which an individual or individuals are licensed to provide care exclusively to kin. There shall be a maximum of 6 children including the children living in the home and children received for child care who are related to the residents.
(2) Notwithstanding the limit of 6 children under subparagraph (e)(1), if the kinship care family is willing and able to take a sibling or a group of siblings of a child already in their care, and the department has concluded that the kinship care family is able to provide for the safety, permanency, and well-being of the child or children, the department may place the sibling or group of siblings in the kinship care home.
III. “Child-placing agency” means any firm, corporation or association which:
(a) Receives any child for the purpose of providing services related to arranging for the placement of children in a foster family home, group home, or child care institution; or
(b) Receives any child for the purpose of providing services related to arranging for the placement of children in adoption.
IV. “Commissioner” means the commissioner of the department of health and human services.
V. “Corrective action plan” means a written proposal setting forth the procedures by which a child care agency, or child-placing agency will come into compliance with the standards set by rule adopted by the commissioner under N.H. Rev. Stat. Chapter 541-A and subject to the approval of the department. The proposal shall include the time needed to assure compliance and the steps proposed by the agency to reach compliance.
VI. “Department” means the department of health and human services.
VII. “Guardian” means the guardian of the person of a minor, as defined in RSA 463.
VIII. “Kin” means a child or children who for which there is a connection or history between a child or their parents and another responsible adult, including but not limited to related adults.
IX. “License” means a complete license issued to an operator of a child care agency or child-placing agency, authorizing the licensee to operate in accordance with the term and conditions of the license, this subdivision, and the rules of the department.
X. “Permit” means an issuance to an operator of a child care agency or child-placing agency which shall not be renewable except for good cause shown and which may be granted for a period not exceeding 6 months to agencies whose services the department finds are needed, but which are temporarily unable to conform to the qualification for a license.
XI. “Regularly” or “on a regular basis” means supervision and care up to and including 7 days a week service, whether continuous or not, for all types of child care subject to the provisions of this subdivision.
XII. “Related” means any of the following relationships by blood, marriage, or adoption: parent, grandparent, brother, sister, stepparent, stepgrandparent, stepbrother, stepsister, uncle, aunt, niece, nephew, first cousin or second cousin.
XIII. “Respite care” means substitute care provided by a person or agency which is licensed as a child care or child-placing agency.
I. “Child” means any person under 21 years of age, or up to the age of a child with a disability as defined in N.H. Rev. Stat. § 186-C:2, I and is receiving special education or special education and related services as identified by the child’s school district.
Terms Used In New Hampshire Revised Statutes 170-E:25
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. “Child care agency” means any person, corporation, partnership, voluntary association or other organization either established for profit or otherwise, who regularly receives for care one or more children, unrelated to the operator of the agency, apart from the parents, in any facility as defined in this subdivision and maintained for the care of children. The types of child care agencies are defined as follows:
(a) “Child care institution” means a child care agency where more than 12 children are received and maintained for 24-hour care for the purpose of providing them with care or training, or both. The term “child care institution” shall not include:
(1) Any state operated institution for child care or juvenile detention established by law.
(2) Any institution, home, place, or facility operating under a license pursuant to N.H. Rev. Stat. § 151:2.
(3) Any boarding school in which children are primarily taught branches of education corresponding to those taught in public elementary schools or high schools, or both, and which operates on a regular academic school year basis, and which is approved by the department of education.
(4) Any licensed recreation camp.
(b)(1) “Foster family home” means child care in a residence in which family care and training are provided on a regular basis for no more than 6 unrelated children, unless all the children are of common parentage. The maximum of 6 children includes the children living in the home and children received for child care who are related to the residents.
(2) If the limit of 6 children under subparagraph (a)(1) is reached, the foster family is willing and able to take a sibling or a group of siblings of a child already in their care, and the department has concluded that the foster family is able to provide for the safety, permanency, and well-being of the child or children, the department may, notwithstanding the limitations of subparagraph (a)(1), place the sibling or group of siblings in the foster family home.
(c) “Group home” means a child care agency which regularly provides specialized care for at least 5 but no more than 12 children who can benefit from residential living either on a short-term or long-term basis.
(d) “Independent living home” means a child care agency which regularly provides specialized services in adult living preparation in an experiential residential setting for persons 16 years of age or older who have a legal relationship with the department of health and human services and who can benefit from independent living training.
(e) “Specialized care” means a child care agency which regularly provides general care for children who are diagnosed as mentally ill, intellectually disabled, or physically disabled and who are determined to be in need of special mental treatment or nursing care, or both.
(f) “Homeless youth program” means a program, including any housing facilities utilized by such program, which receives any child for the purpose of providing services to facilitate independent living including all of the following program components: individual assessment, referral, housing, and case management. Such services may be provided directly by the agency or through one or more contracts for services.
(g)(1) “Kinship care home” means a type of foster home in which an individual or individuals are licensed to provide care exclusively to kin. There shall be a maximum of 6 children including the children living in the home and children received for child care who are related to the residents.
(2) Notwithstanding the limit of 6 children under subparagraph (e)(1), if the kinship care family is willing and able to take a sibling or a group of siblings of a child already in their care, and the department has concluded that the kinship care family is able to provide for the safety, permanency, and well-being of the child or children, the department may place the sibling or group of siblings in the kinship care home.
III. “Child-placing agency” means any firm, corporation or association which:
(a) Receives any child for the purpose of providing services related to arranging for the placement of children in a foster family home, group home, or child care institution; or
(b) Receives any child for the purpose of providing services related to arranging for the placement of children in adoption.
IV. “Commissioner” means the commissioner of the department of health and human services.
V. “Corrective action plan” means a written proposal setting forth the procedures by which a child care agency, or child-placing agency will come into compliance with the standards set by rule adopted by the commissioner under N.H. Rev. Stat. Chapter 541-A and subject to the approval of the department. The proposal shall include the time needed to assure compliance and the steps proposed by the agency to reach compliance.
VI. “Department” means the department of health and human services.
VII. “Guardian” means the guardian of the person of a minor, as defined in RSA 463.
VIII. “Kin” means a child or children who for which there is a connection or history between a child or their parents and another responsible adult, including but not limited to related adults.
IX. “License” means a complete license issued to an operator of a child care agency or child-placing agency, authorizing the licensee to operate in accordance with the term and conditions of the license, this subdivision, and the rules of the department.
X. “Permit” means an issuance to an operator of a child care agency or child-placing agency which shall not be renewable except for good cause shown and which may be granted for a period not exceeding 6 months to agencies whose services the department finds are needed, but which are temporarily unable to conform to the qualification for a license.
XI. “Regularly” or “on a regular basis” means supervision and care up to and including 7 days a week service, whether continuous or not, for all types of child care subject to the provisions of this subdivision.
XII. “Related” means any of the following relationships by blood, marriage, or adoption: parent, grandparent, brother, sister, stepparent, stepgrandparent, stepbrother, stepsister, uncle, aunt, niece, nephew, first cousin or second cousin.
XIII. “Respite care” means substitute care provided by a person or agency which is licensed as a child care or child-placing agency.