He-C 6446: New Hampshire's Foster Care Licensing Regulations Explained

He-C 6446 is the administrative rule that controls nearly every practical aspect of foster family licensing in New Hampshire. It's a 30-plus-page document of state administrative code, written in the dense regulatory language that state agencies use — not the kind of thing designed for prospective foster parents to read. But almost every question you'll have about whether your home qualifies, what your background check needs to show, and what training you must complete before you can be licensed traces back to this document.

Here is what He-C 6446 actually requires, translated into plain language.

What He-C 6446 Is and Why It Matters

The New Hampshire Administrative Code, specifically the He-C 6446 series titled "Foster Family Care Licensing Requirements," is the implementing regulation for RSA 170-E — the state statute that defines foster family homes and grants DHHS the authority to license them. While RSA 170-E creates the legal framework, He-C 6446 is where the specific standards live: the minimum bedroom square footage, the exact disqualifying criminal offenses, the number of reference letters required, and the precise inspection forms you need.

Every licensed foster family in New Hampshire — whether licensed directly through DCYF or through a private child-placing agency like Waypoint or NFI North — must meet He-C 6446 standards. There is no lighter version for private agency families.

Eligibility Requirements Under He-C 6446.04

He-C 6446.04 establishes the baseline eligibility criteria for any foster license applicant:

• Age: At least one applicant must be 21 or older as of the application date
• Residency: Legal New Hampshire resident
• Financial sufficiency: Applicants must demonstrate they can meet current household expenses (shelter, food, utilities, clothing) before adding a foster child — there is no specific dollar threshold, but the financial statement requirement is real
• Communication ability: Applicants must be able to communicate effectively with the child, healthcare providers, and DCYF staff

The rule explicitly does not disqualify applicants based on race, religion, ethnicity, marital status, or sexual orientation. Single adults are permitted.

Physical Environment Standards Under He-C 6446.09

The bedroom and home requirements are often where applicants discover problems — either before they apply (which saves time) or during the inspection (which causes delay):

Sleeping Arrangements:

• Each child must have a separate bed. Co-sleeping with any child is prohibited.
• Children older than one year must have a bedroom separate from adults in the household
• Children of opposite genders who are older than 5 must have separate bedrooms

Bathroom Standards:

• At least one indoor bathroom (toilet, sink, tub or shower) is required for every eight persons in the household

Basic Facilities:

• The home must have at least one telephone available for incoming and outgoing calls
• A working smoke detector is required outside all sleeping areas and on every floor
• Combustible items must be stored at least 36 inches from any furnace or space heater

Health and Safety:

• The home must be free from evidence of insects or rodents
• Firearms must be stored in a locked container, with ammunition stored separately
• Pools and hot tubs require proper fencing
• Medications and household toxins must be stored safely out of reach

Pre-1978 Homes: The health inspection pays specific attention to lead paint hazards in older homes. If your home was built before 1978, chipped or peeling paint will be flagged and must be addressed before licensure.

Background Check Requirements

He-C 6446.28, in conjunction with RSA 170-E:35, specifies the full screening package. Every household member aged 18 and older must complete:

1. NH State Criminal Records Check — through the NH Department of Safety, Division of State Police
2. FBI Fingerprint Check — via Livescan technology; results sent to the DCYF state office
3. DCYF Central Registry Check — NH's registry of abuse and neglect reports (RSA 169-C:35)
4. Sex Offender Registry Check
5. Local Police Check — in the applicant's current town of residence

If any household member has lived in another state within the past five to seven years, checks must be requested from every state of prior residence. This interstate check process is the most common timeline-extender in the NH licensing process — it can take several additional weeks and is entirely dependent on the other state's response time.

Disqualifying Criminal Offenses

He-C 6446.28 establishes two categories of criminal history:

Absolute Disqualifiers (no exceptions, no case-by-case review):

• Felony conviction for child abuse or neglect
• Felony conviction for spousal abuse
• Crime against a child, including possession or distribution of child pornography
• Conviction for homicide, rape, or sexual assault
• Felony physical assault or battery (if within the past 5 years)
• Drug-related felony offense (if within the past 5 years)

Case-by-Case Review: Criminal history that doesn't fall into the above categories — minor misdemeanors, older non-violent offenses, certain traffic violations — is reviewed by the DCYF licensing team. A DUI from 12 years ago is handled differently than a DUI from last year. Disclosure and honesty matter significantly in how discretionary reviews go.

Training Requirements Under He-C 6446

The pre-service training requirement is 23 hours, delivered through the Child Welfare Education Partnership (CWEP) at UNH. Ongoing training requirements for license maintenance are:

• General Care license: 8 hours per year (16 hours per 2-year license cycle)
• Specialized Care license: 12 hours per year (24 hours per 2-year cycle)

Training topics must cover child development, household management, or specialized medical care. The Foster Parent Training Log (Form 2365) is submitted with your renewal application to document completion.

License Renewal Under He-C 6446 / Policy 1720

A New Hampshire foster care license is valid for two years. The renewal process mirrors the initial application in most respects — DCYF sends a renewal packet approximately three months before expiration. Renewal requires:

• Updated fire and health inspections
• New criminal record release authorization for all household members
• Completed Form 2365 (Foster Parent Training Log documenting ongoing training)
• Medical clearance updates as needed

Failure to begin the renewal process at the three-month mark frequently results in a lapse between license expiration and renewal — meaning you cannot take new placements during that window.

What He-C 6446 Doesn't Tell You

The regulatory text tells you the rules. It doesn't tell you which fire department inspectors in your district are familiar with the Form 2361 process and which ones have never seen it. It doesn't explain that the 36-inch rule around furnaces is the most commonly failed inspection item in older New Hampshire homes. It doesn't warn you that the interstate background check is the piece that can silently stall your application for two months if you don't flag it to your Resource Worker immediately.

The New Hampshire Foster Care Licensing Guide translates He-C 6446 into the practical preparation steps that the regulatory text itself cannot provide — including the room-by-room inspection checklist that identifies the specific items NH inspectors flag most often.

Frequently Asked Questions

Where can I find the full He-C 6446 document?

The full text is available on the NH DHHS website at dhhs.nh.gov. Search for "He-C 6446 foster family care licensing requirements." The document is published as a PDF.

Does He-C 6446 apply to kinship caregivers?

Yes. Relatives pursuing full foster care licensure must meet the same He-C 6446 standards as non-relative applicants. However, relatives can request waivers for non-safety-related requirements (such as portions of pre-service training) through the DCYF Director. Safety-related provisions — background checks, home inspections, medical clearances — cannot be waived.

Can He-C 6446 requirements be waived for any reason?

Non-safety requirements can sometimes be waived by the DCYF Director on a case-by-case basis, particularly for relative caregivers. Safety-related standards — bedroom requirements, background checks, fire and health inspections — are not subject to waiver.

What happens if my home fails the fire or health inspection?

A failed inspection is not a denial — it's a list of items to correct. Your Resource Worker will communicate what needs to be addressed. Once the corrections are made, you schedule a re-inspection. The timeline impact depends on how quickly corrections can be made and how soon the inspector can return.

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