New Hampshire Revised Statutes 170-E:42-a – Transfer or Discharge of Residents
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I. In this section:
(a) “Discharge” means movement of a resident from a child care agency to a non-institutional setting or the termination of services by a child care agency when the child care agency ceases to be legally responsible for the care of the resident.
(b) “Transfer” means movement of a resident from one child care agency to another child care agency when legal responsibility for the care of the resident changes from the transferring to the receiving child care agency.
II. A resident shall be transferred or discharged after appropriate discharge planning only for medical reasons, for the resident’s welfare or that of other residents, or if the child care agency ceases to operate.
III. Transfer or discharge of a resident from a child care agency shall in all instances be preceded by written notice which shall contain the following:
(a) The reason for the proposed transfer or discharge;
(b) The effective date of the proposed transfer or discharge;
(c) The location to which the resident is transferred or discharged; and
(d) The name, address, and telephone number of the office of the ombudsman, established under N.H. Rev. Stat. § 126-A:4, III, and the name, address, and telephone number of the federally-designated protection and advocacy agency for individuals with disabilities.
IV. Except as provided in paragraph V, written notice of transfer or discharge shall be given at least 30 days before the resident is transferred or discharged. A copy of the notice shall be placed in the resident’s file and a copy shall be transmitted to the resident’s parent or legal guardian and the agency responsible for the resident’s placement.
V. Written notice as provided in paragraph III shall be given as soon as practicable before transfer or discharge in the following circumstances:
(a) If an emergency transfer or discharge is mandated by the resident’s health care needs;
(b) If the transfer or discharge is mandated by the health or safety of other individual’s in the child care agency;
(c) If the transfer or discharge is appropriate because the resident’s needs cannot be met in the child care agency;
(d) If the transfer or discharge is appropriate because the resident’s health has improved sufficiently so the resident no longer needs the services provided by the child care agency;
(e) If the transfer or discharge is mandated by court order;
(f) If the resident has reached the age of 21; or
(g) If the resident has resided in the child care agency for less than 30 days.
VI. For the purposes of this section, “transfer” or “discharge” shall not include transfers or discharges initiated at the request of the resident’s parent or legal guardian.
VII. If the resident’s parent or legal guardian wishes to have the resident relocate to another child care agency or place, the resident shall be relocated according to the resident’s parent’s or legal guardian’s wishes; provided that the resident’s parent or legal guardian gives written notice of such relocation to the child care agency.
VIII. For the purposes of this section, transfer shall not include the temporary movement of a resident from a facility to a hospital or other location for emergency medical treatment.
IX. The provisions of this section shall not apply to foster family homes, as defined in N.H. Rev. Stat. § 170-E:25.
(a) “Discharge” means movement of a resident from a child care agency to a non-institutional setting or the termination of services by a child care agency when the child care agency ceases to be legally responsible for the care of the resident.
Terms Used In New Hampshire Revised Statutes 170-E:42-a
- 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.
(b) “Transfer” means movement of a resident from one child care agency to another child care agency when legal responsibility for the care of the resident changes from the transferring to the receiving child care agency.
II. A resident shall be transferred or discharged after appropriate discharge planning only for medical reasons, for the resident’s welfare or that of other residents, or if the child care agency ceases to operate.
III. Transfer or discharge of a resident from a child care agency shall in all instances be preceded by written notice which shall contain the following:
(a) The reason for the proposed transfer or discharge;
(b) The effective date of the proposed transfer or discharge;
(c) The location to which the resident is transferred or discharged; and
(d) The name, address, and telephone number of the office of the ombudsman, established under N.H. Rev. Stat. § 126-A:4, III, and the name, address, and telephone number of the federally-designated protection and advocacy agency for individuals with disabilities.
IV. Except as provided in paragraph V, written notice of transfer or discharge shall be given at least 30 days before the resident is transferred or discharged. A copy of the notice shall be placed in the resident’s file and a copy shall be transmitted to the resident’s parent or legal guardian and the agency responsible for the resident’s placement.
V. Written notice as provided in paragraph III shall be given as soon as practicable before transfer or discharge in the following circumstances:
(a) If an emergency transfer or discharge is mandated by the resident’s health care needs;
(b) If the transfer or discharge is mandated by the health or safety of other individual’s in the child care agency;
(c) If the transfer or discharge is appropriate because the resident’s needs cannot be met in the child care agency;
(d) If the transfer or discharge is appropriate because the resident’s health has improved sufficiently so the resident no longer needs the services provided by the child care agency;
(e) If the transfer or discharge is mandated by court order;
(f) If the resident has reached the age of 21; or
(g) If the resident has resided in the child care agency for less than 30 days.
VI. For the purposes of this section, “transfer” or “discharge” shall not include transfers or discharges initiated at the request of the resident’s parent or legal guardian.
VII. If the resident’s parent or legal guardian wishes to have the resident relocate to another child care agency or place, the resident shall be relocated according to the resident’s parent’s or legal guardian’s wishes; provided that the resident’s parent or legal guardian gives written notice of such relocation to the child care agency.
VIII. For the purposes of this section, transfer shall not include the temporary movement of a resident from a facility to a hospital or other location for emergency medical treatment.
IX. The provisions of this section shall not apply to foster family homes, as defined in N.H. Rev. Stat. § 170-E:25.