Elderly & Adult Services State Registry
The Bureau of Elderly and Adult Services (BEAS) State Registry is a database containing information on founded reports of abuse, neglect or exploitation of vulnerable adults by a paid or volunteer caregiver, guardian, or agent acting under the authority of a power of attorney (POA) or any durable power of attorney (DPOA). The creation and maintenance of the Registry is required under New Hampshire’s Adult Protection Law (RSA 161-F:49).
Effective July 1, 2007, the New Hampshire Statute RSA 161-F:49 requires that all employers of programs that are licensed, certified, or funded by the NH Department of Health and Human Services to provide services, submit the name of prospective employees who may have client contact for review against the registry of founded reports of abuse, neglect, and exploitation of vulnerable adults.
A BEAS State Registry Consent Form must be completed and submitted to the State Registry before a prospective employee is hired. After receipt of a complete Consent Form, the State Registry will inform the employer whether a prospective employee is or is not on the registry.
- BEAS State Registry Consent Form - Completed by the prospective employee and used by employers to request a review of the registry.
If you have any questions about the Department's responsibilities to administer the BEAS State Registry, please contact the BEAS State Registry by telephone at (800) 852-3345, extension 8154 or (603) 271-8154, or via e-mail at BEASStateRegistry@dhhs.nh.gov. Individual employers with questions about their responsibilities under the Statute may wish to seek legal advice from their own legal counsel.
Who can access the State Registry to check if an individual’s name is on it?
The State Registry is not public information and is confidential. Any employer that is licensed, certified or funded through the NH Department of Health & Human Services (DHHS) and provides services to vulnerable adults must submit form 3655, “BEAS State Registry Consent Form” before hiring a prospective employee. Any person designating another to act as an agent on his or her behalf- as a POA or DPOA- can submit a consent form to check the individual’s name. Any person hiring or employing a paid or volunteer caregiver, consultant or contractor directly to provide personal care services can submit a consent form to check the individual’s name.
Individuals can check their own name by submitting a consent form.
Can I check to see if I am listed on the Registry?
Yes, you can. You will need to submit a BEAS Consent Form found online or you can call (603) 271-8154 to request to have a copy mailed to you.
As an employer, should I submit the consent form as I consider offering employment to an individual?
An offer of employment should be imminent before submitting the consent form.
As an employer, how would I submit consent forms for volunteers/prospective employees who are under 18 years of age?
You can submit the consent form for individuals under the age of 18. However, the consent form must also be signed by his or her parent or guardian.
As an employer, can I get information over the telephone?
No information is given over the telephone. A signed and witnessed consent form from the prospective employee must be submitted. Anyone age 18 years or over can serve as a witness on the form.
Can Employment Agencies check the State Registry?
No, Employment agencies are considered third party agencies. The employer that will be hiring the individual must submit the consent form directly.
May I designate another person to act under the authority of a Power of Attorney (POA) or Durable Power of Attorney (DPOA) if that person’s name is on the Registry? For example, if I, as an individual, want to name my daughter as my POA and she is on the Registry, can I still name her as my POA?
Yes. However, if an individual is on the Registry, you should examine their fitness to serve as your agent under a POA or DPOA.
Is there a charge for submitting a consent form?
There is no charge for submitting a consent form to the State Registry.
How often should an employer submit an individual’s name to check to see if their name has been entered onto the registry?
An individual’s name need only be checked once upon employment. However, there is a process for appealing a founded report, and during the appeal process, the individual’s name will not be entered on the Registry. Therefore, it would be prudent to check employees’ names periodically.
If I am a contractor providing services through a larger employer/agency, can I submit the consent forms for someone moving into my home?
No, the employer that contracts with you must submit the consent form
What if the form comes back with a positive check, can I hire the individual?
No, if your agency is licensed, certified or funded through the NH Department of Health and Human Services unless your agency requests and obtains a waiver from the Department as explained in #14 below.
Yes, if you are an individual hiring or employing a paid or volunteer caregiver, consultant or contractor directly to provide personal care services. Although you can hire the person, it is a red flag if they are on the Registry.
As an employer, if I hire an individual and check his or her name periodically, and I am notified of a positive check, must I terminate the individual?
No, you do not have to terminate the individual’s employment. However, if you are notified by the State Registry Office of a positive check, you must take immediate action to ensure the safety of the people in your care. This action may include, but not be limited to: providing more training for the individual, reassignment, probationary employment and/or ensuring that the individual has more direct supervision when working with the people in your care.
For employers who are licensed, certified or funded through DHHS, are there any exceptions to the requirement that the individual cannot be hired if his or her name is on the registry?
The employer can request a waiver to this requirement from the NH DHHS, and if the waiver is granted, may hire the individual. Additional information on the waiver process can be obtained by calling the State Registry Office at (603) 271-8154.
How long will it take to process the consent form?
The State Registry receives between 100 and 150 consent forms each day. You will receive the processed consent form within five (5) business days from the date received.
How will I receive the processed consent form?
In most cases the consent forms are faxed. However, if you do not have a fax machine, the form will be mailed.
Why is an individual’s name placed on the Registry?
An individual’s name is placed on the Registry when BEAS has investigated a report that the individual abused, neglected or exploited a vulnerable adult, and has determined that the report is founded. The Bureau notifies the individual of this finding by letter. The individual must have been a paid or volunteer caregiver, guardian, or agent acting under the authority of a POA or any DPOA when the abuse or exploitation occurred.
Do I have the right to appeal the decision to put my name on the Registry?
Yes, once you have received the founded determination letter, you have 10 business days from the date of the letter to request an appeal through the NH Department of Health and Human Services (NH DHHS) Administrative Appeals Unit. If the decision is upheld, your name will go on the Registry. If the decision is overturned, your name will not go on the Registry.
Do I have the right to appeal the decision that the Administrative Appeals Unit upheld?
Yes, you may file a petition in the 6th Circuit Court-Probate Division, located in Concord, NH, to review the Appeal Unit’s final decision, which will be issued to you in writing. Your petition must be filed within 30 days of the date of the final decision. Your name will not be entered on the Registry while the petition is being considered.
Once a name is entered on the Registry, how long does it remain there?
A name remains on the Registry for 7 years.
Under what circumstances can a name be removed from the Registry before the seven-year period has expired?
After one year, an individual can request an expungement through the Circuit Court, Probate Division, where the individual resides or where the abuse, neglect or exploitation occurred. Form # NHJB-2619-P “Petition to Expunge” can be downloaded. If the expungement is not granted, the individual must wait three years before petitioning again.