Start a Daycare in New Hampshire – Licensing – Regulations – Laws

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To operate a daycare center in this state for business purposes, you must need to have a license. The only daycare centers that are excluded in this rule include those that will establish a nursery program that will operate less than four hours a day. Aside from this, here are the following conditions when a license is not needed:

• If the center will operate as a program by the business establishment for the convenience of its employees for not more than four hours.
• If the center is to be run by the Department of Health.
• If the center will only accommodate 4 children or less.

Child Care Center Requirement

License

If you are applying for a license, you need to complete an application form and submit the following pieces of information:

1. If your application is for a new, renewed or revised license;
2. If you wish to operate either a group home, child care institution or independent living home;
3. The name, physical address, mailing address, email address and the contact numbers of the center;
4. The name, contact number; email address, and mailing address of the applicant;
5. The list of the building where the facility will be constructed;
6. The requested capacity of the facility;
7. An explanation as to how the program is owned and organized, whether it is a private, a partnership, or other organizational type;
8. Whether the facility will operate for-profit or non-profit;
9. The name and the birth date of the program director;
10. The qualifications of the program director, which includes his trainings and education;
11. Criminal history records of their employees, which include previous findings of child abuse or neglect in a state other than New Hampshire and previous adjudications of juvenile delinquency. (Note: This will not apply if the employees are residents of the center).
12. The signature of the applicant, board president, board secretary, executive director, or program director that will indicate that they have read and are in compliance with applicable rules,
13. A statement signed and dated by the program director and applicant or other authorized personnel attesting to the following:

“I understand that the department may investigate any criminal conviction record, founded determination of child abuse or neglect, or investigation of, or final determination regarding any juvenile delinquency and will make a determination regarding whether the individual poses a current risk to the health, safety or well being of children.”

“I understand that the department may delay its decision to approve or deny this application pending the outcome of any investigation, when the applicant, owner, executive director or program director is named as the perpetrator in any current investigation of any crime or in an allegation of abuse or neglect.”

“I understand that providing intentionally false information on any part of this application or any of the
attachments, or failing to disclose any information required on the application, or required to be submitted
with this application, shall be considered grounds for license denial or revocation.”

“I have received and read the New Hampshire residential child care program licensing rules, attest that
my program is in compliance with those rules and understand that failure to maintain my program in
compliance with those rules may jeopardize my license.”

“All information provided as part of this application and in the required attachments is true and
complete to the best of my knowledge.”

14. The diagram of the building which will show the indoor residential childcare space. It should also specify how each room will be used, the length, width and height of each room; location of exits; location of kitchen, toilets, showers, and hand washing sinks.
15. The diagram of the outdoor play area that should show the width and length of the area; the location of and the type of fencing, or of the gate; the location and a description of any stationary outdoor play or recreation equipment.

After submitting these information, the Departmental response to Applications will approve or deny an application not later than 120 days from receipt of the application and any additional information requested by the department.

Board of Directors

The center should have duly appointed board of directors. The center should keep a file of the list of the names, addresses, and telephone numbers of current members of the board of directors. It should be made promptly available for the review of the department upon visits.

Duties and Responsibilities of the Licensee

It is the responsibility of the center to abide to the conditions specified in the license. The center should display a copy of the current license issued by the department in an area where it is easily noticed. It is very important not to alter the license issued by the department. The license is not transferable to a new owner or new location.

The facility should maintain a record of personal information of its staff. It should be kept confidential at all times. The staff can only divulge personal information about their staff if directed by a parent of the resident, or upon a receipt of written authorization to release specific information signed by the staff’s parent, unless otherwise prohibited by an applicable state or federal law. The information gathered by the department during the application can only be released to the applicant, licensee or to his or her authorized representative or to the state or local officials or the entities that provided reports.

Health Requirements for the Staff

The center should make sure that all the staff are physically and mentally fit to work with children. The department requires the following medical records:

1. Physical examination record that contains the name of the examinee and the date of the examination.
3. Information regarding any contagious or serious illness that would affect the examinees ability to care for the children or pose a risk to health or safety of the children and the staffs;
4. The staff should be declared negative from Mantoux Tuberculin (TB) test by a licensed health care practitioner;
6. Any known physical limitations or incapability that would affect the staff’s performance of his or her child care responsibilities or pose a risk to the health or safety of the children;
7. All medical records should contain a signature of the licensed health care practitioner and the date it was signed. It should also include the printed name and telephone number of the licensed health care practitioner.

The physical examination record of the newly hired staff should be completed not more than 12 months preceding the date of hire. Physical examinations required should be completed at least every 3 years. This record should be on file at the program within 60 days of the expiration date of the previous physical exam record on file at the program.

When the program director found out that a staff or volunteer have symptoms of illness that prevent them from being able to perform their duties or pose a health or safety risk to the children, he needs to prohibit that person from having contact with the children until that individual has received treatment which ensures that his communicable disease is already cured or is no longer symptomatic. The program director can also contact the bureau of communicable disease control for instructions regarding whether the ill staff is needed to be taken out of the program and how to control the spread of the disease.

Health Requirements for the Children

The center should get a parental authorization for medical treatment upon the child’s first day in the center. The center should also keep a file of the child’s physical examination completed within the past 12 months shall be on file for each child within 30 days upon admittance to the center. If the child doesn’t have a physical examination yet, the center shall schedule an appointment for physical exam within 10 business days from the date of the child’s admittance to the center.

The child’s health record should include his name, birth date, and the date of the exam. The report should also include the following:

1. A history of any medical condition that might affect the child’s participation in the program;
2. Immunization records;
3. Hospitalization history;
4. Reports of any assessment or screening;
5. Notations about the child or resident’s mental, physical and social development;
6. Any known allergies;

These reports should be signed by a licensed health practitioner. The physical education should be completed at least every 12 months for each child younger than 6 yrs of age. For each child 6 years of age or older, the physical examination should be completed at least once in every 24 months. Each child should also be scheduled for dental examination at intervals of 6 to 12 months.

The center can schedule other medical exams and evaluations for each child as deemed necessary. When a resident is believed to carry a communicable disease which was not diagnosed by a physician or other health provider, the program director can report the known or suspected communicable disease to the bureau of communicable disease control.

Personal Hygiene

The staff and the children are encouraged to practice frequent hand washing. Individuals who are participating in preparing the food shall wash their hands as often as necessary to remove soil and prevent contamination and cross contamination of the foods. They should also cover any cuts or abrasions witch secure bandage. They should not participate in food preparation when they have an infection, a cut or wound, or a communicable disease that could be spread via food preparation or food service.

The staff should not wash their hands after diapering or toileting in sinks that are used for food preparation or clean up. The staff should encourage the children to brush their teeth each morning and before going to bed, and to shower every day.

Indoor Child Care Center Space

The day care center should have a space that is inspected, designated, and approved as a residential child care space and should not be used for any purposes or activities that could jeopardize the health or safety of the children. The facility should have a living room or community space with comfortable furnishings that can provide general relaxation and entertainment to all the occupants. The center should also have bedrooms that are separated by gender and that have a minimum of 50 sq feet of floor space and have a ceiling that is at least 7 feet high. It should also have an outside window and an operable door.

The indoor space should also include a room where private discussions can be done. The space should also have sturdy, comfortable furniture that is clean and in good condition. There should be enough bathrooms that can provide the children necessary room for privacy while changing clothes, showering and toileting. The windows should all be screened to prevent mosquitoes from entering the facility.

Health and Safety in the Facility

The center should be free from any hazard to the children and the staff. Common hazards include but are not limited to electrical hazards, guns or live ammunition; holes on the floor, ceilings or walls; loose throw rugs that can cause slipping or tripping hazard; flaking and loose paints; unclean air conditioner.

If the building is build before 1978, the staff should contact the NH Childhood Lead Poisoning Prevention Program to determine what measures shall be taken to make the fading surfaces intact. If they found out that the building contain asbestos hazards, the applicant or licensee should submit a document that will prove that the building has been inspected a licensed asbestos expert and is declared to be free from asbestos hazards or otherwise treated or contained in a method favored by a licensed asbestos inspector.

It is also important that all toxic materials should be clearly labeled and be out of reach of the children. These materials might include but not limited to cleaning solutions, household chemicals and paints. These materials should be put in cabinets which are locked or otherwise inaccessible to other staff and children. If these chemicals are to be used, they should be used under the supervision of one of the staffs in the center.

All enclosed living areas used in the facility should be ventilated by means of mechanical ventilation system. If this is not possible, there should be one or more windows that need to be opened. Make sure that the windows are screened so that it will not pose hazards to the residents of the center. Other safety nets that can be observed by the center include:

1. Having a safe and functioning heating system that is cleaned and maintained at least once annually. The water heating system should deliver a water with a temperature maintained at not less than 65 degrees Fahrenheit during waking hours and not less than 55 degrees Fahrenheit during sleeping hours.
2. The staff should not smoke or use tobacco products while they are inside the vicinity of the center.
3. All the rooms in the center should be equipped with functioning lighting that is enough to allow individuals to enter, exit and move around the premises safely.
4. The toys, equipment, and learning materials should be safe and in good repair always. They also need to be free from lead paint or other poisonous chemicals.
5. For bedding materials, the center should have clean pillows and mattress. There should also be no holes in them. They also need to be cleaned and sprayed with disinfecting spray before being used by another child. They need to be replaced or sanitized properly if soiled by urine, feces, blood or vomit.
6. If there are activities that will be conducted in the water, including wading, swimming and boating, there should be at least one person who is currently certified in CPR and first aid that is present all the times. The pool shall be maintained in accordance with the printed instructions of the manufacturer in connection with the cleaning, filtration and chemical treatment.
7. The facility will serve food to the children; the center should make sure that the food is free from spoilage. To ensure that foods are free from contamination, they should be stored in a clean, and dry location so that it can be protected from sources of contamination. They should be kept in containers designed for food storage. Foods should be handled and prepared in a manner that it can be protected against cross contamination between uncooked meat, fish, poultry and other food items. Canned goods that are dented or with rusted tin should not be served to the children. All perishable goods that will be served in few more days should be stored at temperatures of 41 degrees Fahrenheit or below in a refrigerator and at 0 degrees Fahrenheit or below in a freezer. Freezers and refrigerators that are being used to store foods should be clean. Tables and other surfaces that are being used to prepare foods should be clean, smooth, and free form breaks or cracks.
8. Children who are likely to put objects in their mouths shall be closely supervised. The toys that they are routinely putting on their mouths should be cleaned and sanitized after each use.
9. Children that are younger than 6 years old should not have access to the following: cords or strings that can encircle around their neck (e.g. pull toys, window blind cords, telephone cords); balusters that are spaced more than 3 1/2 inches apart on handrails and guardrails; sharp knives; unstable or easily tipped furnishings that are not securely mounted to the wall or to the floor; toy boxes and other chest type storage that does not have safety lid support;
10. Play areas should be enclosed by a fence if the area is determined to be not safe because of its location from the road or if there are swimming pools nearby. The fences should be designed to restrain residents from climbing out of, over, under or trough the fence. The fence should have a gate that is equipped with child proof self-latching device. The fence should be maintained in good repair.
11. The area which is at least 39 inches beyond the external limits of the outdoor but are still accessible to the children should be constructed and maintained at all times with an energy absorptive surface, including sand, pea stone, bark mulch, soft wood chips, or rubber mats.
12. The fall zone area around and under the swings, monkey bars, and slides from which a child could fall from a height of more than 29 inches shall be covered with mats designed for gymnastics.
13. Children younger than 3 years should not be allowed to use stairs that are not equipped with safety gates;
14. The center should not use baby walkers with wheels.
15. Children that are younger than 4 years old should not have access to toys that are small enough to be swallowed like coins and small balloons.
16. Cribs and playpens should be provided for each child 12 months of age or younger. These cribs and playpens should not be stacked and doesn’t have cracked or peeling paint, splinters or rough edges. They should not also have more than 2 3/8 inches between slats. The cribs should also be equipped with mattresses that are in good repair, free of rips and tears.

Pets

If pets are to be allowed, the center should make sure that they are vaccinated as required by law for all pets and animals that are present in the vicinity of the center. Only non-aggressive animals should be allowed. Pets and animals that can pose threat to the safety of the children should not be permitted on the premises of the center. Aggressive pets or pets that can pose risk to the safety and health of the children and the staff include the following: bats; turtles, tortoises; snakes, iguanas, parrots and parrot-like birds; and hedgehogs.

Staff

The staff should be physically, mentally and emotionally prepared to work with children. They should have the ability to identify the needs and problems of the children. They should also know how to implement services in the center.

To make sure that the staff and volunteers and competent enough for the job, it is necessary to consider their qualifications like their education, certificates or degrees. In selecting the staff, it is recommended that they should have background on any of the following courses: education, residential care, mental health, psychology, sociology, theology, juvenile justice, pastoral counseling, substance abuse, social services or recreation field.

The center can consider the following education and training for program staff: credit courses in human services, offered by a recognized college or university, toward meeting pre-service and in-service training requirements; non-credit courses in human services, which are offered by a credited college or university, toward meeting pre service and in-service training requirements at a 12 hours equal to one ratio; workshops, conferences, non-credited courses or other non-credit distance learning courses related to human services.

For a program director, he should meet at least one of the following pre-service training and education options: (1)a masters degree in the field of business or public administration, human services or social sciences in a recognized college or university, plus 2 years of experience in areas related to human services, which included administrative responsibilities; (2) a bachelors degree with a minimum of 12 units in the field of human services, business administration, awarded by a recognized institution, plus 3 years of experience as a professional in human services, which included administrative duties.

All of the staff should be at least 21 years of age, acquired a high school diploma or general equivalency diploma, and meet one of the following pre-service training and education requirements: (1) an associate’s or higher degree with a minimum of 12 units in areas of human services, or other courses related to residential care, awarded by a regionally accredited college or university; (2) 2 years full time experience working with children either as a paid employee or volunteer; (3) any combination of college courses in ,
If the staff does not meet the qualifications above, the program director or his designee and the applicant should enter an agreement which includes a written plan for attaining 12 units in human services within 2 years from the date the applicant is hired.

For volunteers, child care assistant, or intern, they should be at least 18 years of age. They should also work under the direct supervision of more senior staff at all times. They are not responsible for the care and supervision of residents including treatment, discipline, counseling or medication of the children. They are excluded from the staff to child ratio.

Child Discipline

There should be a written on how to properly discipline a child. Developmentally positive methods of discipline are highly being encouraged.

This will promote self-control, self-direction and self-esteem, and cooperation from the children. The staff should not practice any of the following forms of disciplining a child:

• Hitting, pinching, spanking, biting or other form of physical punishment that could cause the child to be hurt;
• Tying the child, or binding him that will cause him to be physically restraint;
• Emotional punishment to the children by the feel alone, shaming them in front of other people, threatening them, or using derogatory remark about them and/or their families.
• Not letting the child eat, rest, or use the toilet.
• Confine the child in an enclosed location like an empty room, cabinet, closet, box or other confined spaces.

Nutrition

The center should offer children 3 meals and 2 snacks each day. They also have to make sure that the meals meet US Department of Agriculture dietary allowances. The children should not be denied of meals or snacks for any reason except when instructed by a physician. Both the children and the staff should be served with meals that meet their own nutritional needs.
However, no children should be coerced to eat against their will.

Transportation

When the center is providing transportation for the children, the center should make sure ensure that:

1. The vehicle being used is registered, insured, and inspected by proper authorities. The van/bus should be equipped with signs and warning lights or alternative devices.
2. The vehicle should accommodate more than ten passengers.
3. The driver should be 21 years old or older and should have a license for the type of vehicle being driven.
4. The vehicle should have approved safety restraint system to hold each child in seats; a mobile telephone, a fire extinguisher and first aid kit. The vehicle should be maintained in a safe operating condition at all times.

Rest and Sleep

The staff should consult with the parents of each child to make sure that each child can get his resting or napping needs. Children that are in the care for more than 5 hours should have at least 1 hour resting period- either a relaxation session or a nap time, depending on the need and mood of the child. If the child cannot sleep after 30 minutes, he should be given quiet activity instead.

Children who are already awake should not be allowed to stay on mats, beds, or sleeping bags for more than 60 minutes. The staff should not force a child to sleep.

Child Care Licensing Agency

New Hampshire Department of Health and Human Services

129 Pleasant Street

Concord, NH 03301-3857

Phone: (603) 271-4624

Toll Free: (800) 852-3345 ext. 4624 (within State)

Fax: (603) 271-4782