reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-144 Application; approval; statement; return.

§346-144 Application; approval; statement; return.
(a) A person desiring to return to the person's homeland may make application to the director. The application shall include evidence from a recognized agency or other acceptable means to ensure that the person's health and welfare will be protected upon return to the person's homeland. The director shall examine the application and determine whether the person is a qualified person and the person's health and welfare will be protected. If the director determines that the person is a qualified person, the person's health and welfare will be protected, and funds are available, the director shall approve the application. Upon approval, the qualified person shall be required to sign a statement of intent to take up permanent residence in the qualified person's homeland. Upon signing the statement, the director shall enter into a contract as provided under section 346-143 to provide transportation assistance for the qualified person.
(b) A person who has used the transportation assistance under this part and returns to and reestablishes residency in Hawaii shall repay to the State the amount of the transportation assistance used in returning to the person's homeland with interest. The rate of interest shall be established by the director by rule under chapter 91.
(c) The statement of intent under subsection (a) shall explain the requirements for reestablishing residency in Hawaii and indicate that the qualified person understands these requirements.
(d) A person shall not be eligible to use the transportation assistance under this chapter more than once in the person's lifetime. [L 1980, c 276, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-145 Transportation assistance.

§346-145 Transportation assistance.
The director shall adopt rules under chapter 91 to determine the transportation and administrative costs which are required for the return of a qualified person to the qualified person's homeland. The amount of such costs shall be considered the transportation assistance. [L 1980, c 276, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-146 Penalty.

§346-146 Penalty.
Any person who uses the transportation assistance under this chapter for any purpose other than that for which approved by the director shall be guilty of a misdemeanor and required to return the full amount of the transportation assistance used. [L 1980, c 276, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-151 Definitions.

Note
Part heading amended by L 2001, c 201, §3.
Cross References
Early intervention services for infants and toddlers, see § §321-351 to 321-354.
Attorney General Opinions
Licensing of church-sponsored day care programs constitutional. Att. Gen. Op. 85-25.
A. General
§346-151 Definitions.
For the purposes of this part:
"Care" refers to those situations where a person or organization has agreed to assume and has been entrusted with the responsibility for the child's supervision, development, safety, and protection apart from the parent or guardian.
"Child abuse record check" means an examination of an individual's child abuse confirmation history through:
(1) An initial name inquiry into the state child welfare record files;
(2) Subsequent child abuse confirmation history checks for new hires, rehires, and household members;
(3) A name inquiry into state child welfare record files; and
(4) A name inquiry into other states' child abuse and neglect registries in states where the individual has resided during the past five years.
"Child care facility" means a place maintained by any individual, organization, or agency for the purpose of providing care for children with or without charging a fee at any time. It includes a family child care home, group child care home, and group child care center.
"Child care subsidy" means a payment made to low-income parents, guardians, or other responsible parties to pay for the care of a child under the age of thirteen years, or age thirteen years or older if the child has qualifying special needs as defined under federal law.
"Family child care home" means a private residence, including a home, apartment, unit, or townhouse, as those terms are defined in section 502C-1, at which care may be provided for three to no more than six children who are unrelated to the caregiver by blood, marriage, or adoption, at any given time.
"Group child care center" means a facility, other than a private home, at which care is provided.
"Group child care home" means a facility, which may be an extended or modified private home, at which care is provided for seven to twelve children.
"Provider" means the person who is issued the license or certificate of registration, as the case may be, by the department to provide care in a child care facility. [L 1985, c 208, pt of §2; am L 1986, c 297, §2; am L 1988, c 125, §1; am L 1998, c 5, §1; am L 1999, c 242, § §4, 8(2); am L 2001, c 201, §2 and c 225, §3; am L 2003, c 95, §9(5); am L 2005, c 20, §1; am L 2016, c 88, §1]
Attorney General Opinions
Program providing care and supervision of children and religious instruction provides "care". Att. Gen. Op. 85-25.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-152.3 Investigations.

§346-152.3 Investigations.
(a) Upon receiving a report that a person or child care facility may be caring for children in violation of this part, the department may conduct an investigation for the purpose of determining whether a violation of this part has occurred or is occurring.
(b) The department may request access to the location indicated in the report and file a petition for a search warrant with the district court in the circuit where the location is indicated in the report. The district court, upon probable cause, may issue a search warrant, directed to the department and the appropriate law enforcement agency, if necessary, to conduct an investigation pursuant to this section. [L 2002, c 33, §1; am L 2020, c 66, §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-152.5 Requirements for persons exempt pursuant to section 346-152.

§346-152.5 Requirements for persons exempt pursuant to section 346-152.
(a) In order to provide child care for a child whose family receives a child care subsidy from the department, persons exempt pursuant to section 346-152 shall be required to agree to:
(1) A criminal history record check, a sex offender registry check, a child abuse record check, and an adult abuse perpetrator check in the same manner as a prospective applicant or licensed provider in accordance with section 346-154;
(2) Completion of a pre-service or orientation training and ongoing training in health and safety topics; and
(3) Any monitoring inspection visits by the department or its designee to determine compliance with minimum health and safety standards at the location where child care is being provided for a child whose family receives a child care subsidy from the department, including investigations by the department when the department has received a report of health and safety concerns.
(b) For the purposes of this section, "adult abuse perpetrator check" means a search to determine whether an individual is known to the department as a perpetrator of abuse as defined in section 346-222, by means of a search of the individual's name and birth date in the department's adult protective services file. [L 2001, c 201, §1; am L 2012, c 41, §1; am L 2016, c 88, §2; am L 2019, c 83, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-152.7 Safe sleep policy.

§346-152.7 Safe sleep policy.
(a) All child care facilities, which include family child care homes, group child care centers, and group child care homes, as those terms are defined in section 346-151, and infant and toddler child care centers, that are registered or licensed by the department to provide care for children less than one year of age shall implement and maintain a written safe sleep policy in accordance with any rules that may be adopted by the department to implement the provisions of this section. The purpose of the safe sleep policy shall be to maintain a safe sleep environment that prevents the occurrence of sudden infant death syndrome and sudden unexpected infant deaths in children less than one year of age.
(b) As used in this section:
"Sudden infant death syndrome" means the sudden death of an infant less than one year of age that cannot be explained after a thorough investigation has been conducted, including a complete autopsy, an examination of the death scene, and a review of the clinical history.
"Sudden unexpected infant death" means the sudden and unexpected death of an infant less than one year of age in which the manner and cause of death are not immediately obvious prior to investigation. Causes of sudden unexpected infant death include but are not limited to metabolic disorders, hypothermia or hyperthermia, neglect or homicide, poisoning, and accidental suffocation. [L 2013, c 71, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-153 Records of deficiencies and complaints; release to public

§346-153 Records of deficiencies and complaints; release to public
. (a) For every child care facility, the department shall maintain records for the current and previous two years of: results of its inspections; notifications to providers of deficiencies; corrective action taken; complaints of violations of rules adopted under this part; results of its investigations; resolution of complaints; and suspensions, revocations, reinstatements, restorations, and reissuances of licenses, temporary permits, and registrations issued under this part.
(b) Notwithstanding any other law to the contrary, the records described in this section shall be available for inspection in the manner set forth in chapter 92F and may be posted by the department on a public website; provided that with respect to records of family child care homes and group child care homes, sensitive personal information, including home addresses, or information provided to the department with the understanding that it would not be publicly divulged shall be deleted or obliterated prior to making the records available to the public. Nothing in this section shall authorize the department to release to the public the names of or any other identifying information on complainants. Nothing in this section shall prohibit the department's child care licensing program from sharing information and cooperating with the department's child protective services and law enforcement on investigations.
(c) The department may withhold information regarding an investigation of a complaint of a violation for not more than ten working days after the date the investigation report is completed; provided that if an investigation relates to an alleged criminal offense, no information shall be released until the criminal investigation has been completed and the director has determined that no legal proceeding will be jeopardized by its release. [L 1985, c 208, pt of §2; am L 2016, c 88, §3; am L 2019, c 83, §3]
Note
Section 92-51 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-156 Penalty; remedies.

§346-156 Penalty; remedies.
(a) Any person, entity, agency, or organization violating any provision of this part or any rule made pursuant thereto shall be fined up to $1,000 for each day of violation; provided that the fine may be up to $3,000 for each day for a violation of section 346-161 or 346-171.
(b) The department may enforce this part in either administrative proceedings or judicial proceedings, or both. [L 1985, c 208, pt of §2; am L 2001, c 201, §5; am L 2019, c 83, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-157 Liability insurance coverage; requirement.

§346-157 Liability insurance coverage; requirement.
(a) For the purpose of this section, "liability insurance coverage" means a general casualty insurance policy issued to a provider insuring against legal liability for injury resulting from negligence to a child during the time the child is under the care of the child care provider.
(b) The department shall require all providers to obtain and maintain liability insurance coverage as a condition of licensure, temporary permission, or registration to operate a child care facility.
(c) The department, as a condition of continued licensure, temporary permission, or registration, shall require all providers to disclose in writing to each parent or guardian, within seven working days of any change, cancellation, or termination of liability insurance coverage, that the coverage has been changed, canceled, or terminated while the parent's or guardian's child is cared for at the provider's facility.
(d) The department may suspend or revoke a license, temporary permit, or certificate of registration of a provider in accordance with section 346-164 or 346-175, if:
(1) The provider or any employee of the provider knowingly makes a false statement to any person concerning the provider's liability insurance coverage; or
(2) The provider does not comply with the insurance coverage and disclosure requirements of this section and rules adopted by the department pursuant to this section.
(e) Proof of liability insurance coverage as required by this section shall be verified by the department on an annual basis. [L 1986, c 298, §1; am L 2017, c 161, §2; am L 2018, c 126, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-161 License for group child care home, group child care center required.

Note
Source notes for § §346-161 to 346-166 do not include reference to L 1988, c 125, §3, which purports to amend these sections with identical amendments made by L 1987, c 339, §4.
§346-161 License for group child care home, group child care center required.
No person shall operate, maintain, or conduct a group child care home or group child care center unless licensed to do so by the department of human services under this subpart. [L 1985, c 208, pt of §2; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-162 Rules; minimum standards.

§346-162 Rules; minimum standards.
The department of human services, after consultation with the department of health, the department of education, and the fire chiefs of the respective counties, shall make, prescribe, and publish such rules as are deemed necessary to protect the best interests of minor children who are provided care in a group child care home or group child care center and to carry out the purposes of this subpart. [L 1985, c 208, pt of §2; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-163 Licenses and temporary permits

§346-163 Licenses and temporary permits
. (a) If satisfied that the applicant meets the minimum standards established pursuant to section 346-162 and subject to the criminal history record checks and child abuse record checks of section 346-154, the department shall grant the applicant a license for the operation of a group child care home or group child care center, as the case may be. The license shall be valid for:
(1) One year for new applicants and for those who have been licensed for less than four years; and
(2) Two years for those who have been licensed for four years or more,
unless sooner revoked. Where the activities of the applicant fall within the licensing requirements of the department of education and this subpart, a license shall be required from both the department of education and the department of human services.
A temporary permit may be issued for a period of six months at the department's discretion to any applicant who is temporarily unable to conform to all of the minimum standards. Renewal of the temporary permit shall be left to the department's discretion; provided that the combined period of the initial and subsequently renewed permits shall not exceed twenty-four months. Licenses and permits shall be conspicuously posted on the licensed premises.
(b) The department may establish reasonable fees for the issuance or renewal of licenses and permits according to rules adopted pursuant to chapter 91. [L 1985, c 208, pt of §2; am L 1987, c 339, §4; am L 1998, c 5, §2; am L 2001, c 201, §6; am L 2012, c 161, §2]
Cross References
Criminal history record checks: child caring institutions, etc., see §846-2.7.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-164 Suspension and revocation of licenses and permits; reissuance.

§346-164 Suspension and revocation of licenses and permits; reissuance.
Any license or temporary permit issued under this subpart may be suspended or revoked by the department of human services after due notice and hearing, the provisions for which shall be made in the rules. However, upon a determination by the department that conditions exist which constitute an imminent danger to the health, welfare, or safety of the children cared for, a license or temporary permit may be immediately suspended pending a hearing by the department as herein provided. The department, in its discretion, may reissue a license or temporary permit which has been suspended or revoked upon satisfying itself that minimum standards have been or will be met. [L 1985, c 208, pt of §2; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-165 Visitation and inspection of group child care home, group child care center.

§346-165 Visitation and inspection of group child care home, group child care center.
The department of human services shall visit and inspect each group child care home and group child care center as frequently as it deems necessary for the proper operation, sanitation, and safety of the home or center, as the case may be. The visits and inspections shall be made at least once annually. Every group child care home and group child care center licensed under this subpart shall be open to visitation and inspection by representatives of the department of human services, the department of education, and the department of health, and by designated representatives of the respective county fire departments at all times. [L 1985, c 208, pt of §2; am L 1987, c 339, §4; am L 1998, c 5, §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-166 Records.

§346-166 Records.
Every group child care home and group child care center shall keep such records and shall file with the department of human services such reports as required by rules adopted by the department. All records and all information obtained concerning children or their parents or relatives shall be kept confidential by the provider and by members of any department herein named. [L 1985, c 208, pt of §2; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-171 Registration for family child care home required.

§346-171 Registration for family child care home required.
No person shall operate or maintain a family child care home unless registered to do so by the department of human services under this subpart. The registration shall be valid for:
(1) One year for new applicants and for those who have been registered for less than four years; and
(2) Two years for those who have been registered for four years or more,
unless sooner revoked. [L 1985, c 208, pt of §2; am L 1987, c 339, §4; am L 1998, c 5, §4]
Note
Source note does not include reference to L 1988, c 125, §3 which purports to amend §346-171 with identical amendments made by L 1987, c 339, §4.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-172 Rules for registration.

§346-172 Rules for registration.
(a) The department shall adopt rules establishing minimum requirements to ensure the health and safety of children provided care in a family child care home. The rules may specify, but shall not be limited to, minimum requirements concerning:
(1) The number of children which may be cared for at one time and the ratio of adult to children;
(2) The health of the provider and children;
(3) Fire and sanitation standards;
(4) The supervision and allowable types of discipline of children; and
(5) Protection of children who are provided care from abuse.
(b) It is the intent of the legislature that the:
(1) Minimum requirements established under this section be less strict than the minimum standards established under section 346-162 for group child care homes and group child care centers;
(2) Minimum requirements be as simple and clear as possible;
(3) Minimum requirements be germane to the provision of care to children in a private home as opposed to a nonresidential facility or institution, require as little recordkeeping by the provider as possible, and require information and reports if deemed necessary, from the provider which the department intends to scrutinize carefully and not cursorily; and
(4) Department establish minimum requirements, the compliance with which can be assessed easily and objectively by officers and employees of the department, providers, and parents and legal guardians of children. [L 1985, c 208, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-173 Procedure for registration.

§346-173 Procedure for registration.
(a) A person desiring to have the person's home registered as a family child care home shall make application to the department. Upon receipt of the application, the department shall conduct a study of the applicant's qualifications, home, and proposed operation. The department shall issue a certificate of registration to the applicant which authorizes the applicant to operate a family child care home if the department is satisfied that the premises and proposed operation will be in compliance with the minimum requirements established under section 346-172 and subject to the criminal history record checks under section 346-154.
The provider shall operate and maintain the premises of the family child care home in accordance with the minimum requirements established under section 346-172 so long as registered.
(b) The department may establish reasonable fees for the issuance or renewal of certificates of registration according to rules adopted pursuant to chapter 91. [L 1985, c 208, pt of §2; am L 2012, c 161, §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-174 Informing parent and legal guardian of children and general public.

§346-174 Informing parent and legal guardian of children and general public.
(a) The department shall maintain a registry of registered family child care homes and make the information in the registry available to the general public upon request. The department may also provide for the publication and dissemination of the registry through the news media or other means.
(b) The provider of child care in a family child care home shall give to each parent or legal guardian of a child a copy of the provider's certificate of registration upon request. [L 1985, c 208, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-175 Visitation and inspection of family child care home; revocation of registration.

§346-175 Visitation and inspection of family child care home; revocation of registration.
(a) The department shall visit and inspect the premises and operation of a family child care home to determine compliance with the minimum requirements established under section 346-172:
(1) At least once in each calendar year; and
(2) Upon receipt of a complaint that the premises or operation of the home is in violation of the minimum requirements established under section 346-172.
(b) If the visitation and inspection reveal that the premises or operation of the home is in violation of a minimum requirement, the department shall immediately suspend or revoke the registration. Upon suspension or revocation, the home shall no longer be a registered family child care home and the department shall notify the parents or legal guardian of each child who is provided care in the home of the revocation.
A person whose registration has been suspended or revoked may appeal the suspension or revocation in accordance with chapter 91, but the appeal shall not stay the suspension or revocation. If an appeal is made under chapter 91, the appeal of the suspension or revocation, and not the suspension or revocation itself, shall be deemed the contested case.
The department shall suspend the registration if the violation of the minimum requirement is the first violation of the provider and the violation does not warrant a revocation of the registration. The department shall revoke the registration if the provider has violated any minimum requirement or requirements to such an extent or of a nature that the provider is unfit to be trusted with the care of children or operation of a family child care home or if the provider has had the provider's registration suspended at least once previously.
(c) The department may reinstate a suspended registration or restore a revoked registration if it deems that the person is willing and able to comply with the rules adopted under section 346-172. A suspended registration may be reinstated upon the department's satisfaction that the violation has been or will be corrected. A revoked registration shall be restored only after new application is made and reviewed under this subpart. [L 1985, c 208, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-176 Family child care system.

§346-176 Family child care system.
The department shall authorize the establishment and operation of a family child care system under which a sponsoring agency contracts family child care homes to provide care and assumes administrative tasks for the homes and providers; provided that the department shall register each of the family child care homes individually in accordance with this subpart and establish no rule or requirement which jeopardizes the status of the providers of care in family child care homes as independent contractors of the sponsoring agency. The department may establish rules defining the administrative tasks which may be performed and minimum requirements, including provision of training to providers which must be complied with by the sponsoring agency, but shall not require the sponsoring agency to register or obtain a license or registration as a child care facility unless the sponsoring agency provides care to children on the sponsoring agency's premises. [L 1985, c 208, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-177 Program of incentive for registration.

§346-177 Program of incentive for registration.
Subject to the limits of legislative appropriations, the department may establish a program to encourage the registration of persons who provide care in private homes in violation of section 346-171. The program may include:
(1) Training of providers of care;
(2) Assistance to applicants in obtaining registration and complying with the minimum requirements;
(3) Counseling in providing quality care;
(4) Referrals of parents to providers;
(5) Assistance in obtaining benefits under or participation in federal and state child care programs; and
(6) Assistance in complying with business and tax regulations and requirements. [L 1985, c 208, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-181 Preschool open doors program.

Revision Note
Subpart heading added by revisor pursuant to §23G-15.
§346-181 Preschool open doors program.
(a) There is established within the department a school readiness program to be known as the preschool open doors program within the department's child care assistance program. The program shall:
(1) Provide access to school readiness services that address children's physical, cognitive, linguistic, social, and emotional development;
(2) Require each provider to conduct school readiness assessments;
(3) Give priority to children from low- and moderate-income families; and
(4) Prepare children for school through either of the State's two official languages.
(b) Subject to the availability of funds, the program shall serve three- and four-year-old children who are in the two years prior to kindergarten entry pursuant to section 302A-411, with priority extended in the following order to:
(1) Children who are not eligible to attend public school kindergarten in the calendar year in which they turn five years of age because their birth date occurs after the kindergarten eligibility date pursuant to section 302A-411;
(2) Underserved or at-risk four-year-old children who were previously served as a three-year-old child, as defined by rules adopted by the department;
(3) Four-year-old children who were previously served as a three-year-old child;
(4) Four-year-old children;
(5) Underserved or at-risk three-year-old children, as defined by rules adopted by the department; and
(6) Three-year-old children.
(c) Enrollment in the program shall be voluntary. A parent or guardian of a child enrolled in the program shall share in the costs of the program through a copayment according to a sliding fee scale that is based on need pursuant to rules adopted by the department.
(d) The department may adopt interim rules to carry out the purposes of this section without regard to chapter 91 or 201M; provided that:
(1) The department shall hold at least one public hearing prior to the adoption of interim rules;
(2) The interim rules shall comply with all applicable state and federal laws; and
(3) The interim rules shall be effective for no more than one year after their adoption. [L 2013, c 169, §2; am L 2017, c 202, §11; am L 2020, c 46, §9; am L 2021, c 210, § §6, 14(2); am L 2023, c 171, § §3, 4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-182 Preschool open doors special fund.

§346-182 Preschool open doors special fund.
(a) There is established within the state treasury the preschool open doors special fund, to be administered by the department's child care assistance program, into which shall be deposited all moneys received by the department's child care assistance program in the form of:
(1) Fees;
(2) Grants;
(3) Donations;
(4) Appropriations made by the legislature to the fund;
(5) Revenues regardless of their source; and
(6) Earnings on moneys in the fund.
Moneys in the fund shall be used for the procurement of health and human services under the preschool open doors program. Expenditures from the fund may be made by the department without allotment but shall not be made for capital improvement projects.
(b) The department shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on the sources of moneys deposited into the fund and expenditures of moneys in the fund. [L 2020, c 46, pt of §7; am L 2022, c 128, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-183 Child care grant program special fund; established.

§346-183 Child care grant program special fund; established.
(a) There is established within the state treasury the child care grant program special fund, to be administered by the department, into which shall be deposited:
(1) Donations to the fund;
(2) Appropriations made by the legislature to the fund;
(3) Revenues regardless of their source; and
(4) Earnings on moneys in the fund.
(b) The department shall expend moneys in the special fund to award grants to private entities for:
(1) The operating costs of new or existing child care facilities;
(2) The establishment of new child care facilities;
(3) The expansion of existing child care facilities; or
(4) Child care accreditation program grants awarded pursuant to section 346-188.
(c) Except for child care accreditation program grants awarded pursuant to section 346-188, expenditures from the fund may be made by the department without allotment.
(d) Any grant awarded or expenditure of funds for the administration of a grant program pursuant to this section shall be exempt from chapters 103D and 103F. The department shall adopt rules pursuant to chapter 91 to effectuate the grant programs.
(e) Grants shall be disbursed pursuant to a contract between the department or its designee and the grant recipient, in accordance with the rules adopted pursuant to subsection (d).
(f) The department shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on the sources of moneys deposited into the fund and expenditures of moneys in the fund.
(g) For the purposes of this section, "grant" means an award of funds to a specified recipient to support the activities of the recipient and permit the community to benefit from those activities. [L 2020, c 46, pt of §7; am L 2022, c 128, §3; am L 2023, c 169, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-184 Preschool open doors program; provider accreditation.

§346-184 Preschool open doors program; provider accreditation.
(a) Each service provider of the preschool open doors program shall be accredited or shall obtain accreditation within seven calendar years of first receiving any funds from the preschool open doors program; provided that any existing service provider unaccredited on July 1, 2022, shall commence the accreditation process no later than July 1, 2029, and obtain accreditation by July 1, 2034; provided further that the director may grant to any service provider one or more extensions to obtain accreditation on a case-by-case basis.
(b) Accreditation under this section shall be obtained from one or more of the following national early learning accrediting organizations:
(1) National Association for the Education of Young Children;
(2) National Early Childhood Program Accreditation;
(3) National Association for Family Child Care; or
(4) An accrediting organization approved by the director.
(c) Notwithstanding subsections (a) and (b), a service provider may receive or continue to receive funding through the preschool open doors program if the service provider maintains a satisfactory performance rating under the Classroom Assessment Scoring System developed by the University of Virginia and performed in conformance with United States Department of Health and Human Services guidelines.
(d) The department shall provide operational and financial support to service providers to assist the service providers in obtaining accreditation. The department may contract with a private entity to assist service providers in obtaining accreditation. [L 2020, c 46, pt of §7; am L 2021, c 210, §7; am L 2023, c 169, §5 and c 171, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-185 Preschool open doors; procurement exemption.

§346-185 Preschool open doors; procurement exemption.
Effective July 1, 2020, any expenditure of funds by the department to implement, operate, or expand the preschool open doors program may be made without regard to chapters 103D and 103F. [L 2020, c 46, pt of §7]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-186 Prior early learning program information.

§346-186 Prior early learning program information.
(a) The department shall establish or augment an existing database to collect and analyze information it receives from the department of education pursuant to sections 302A-1165 and 302A-1166 and the state public charter school commission pursuant to sections 302D-37 and 302D-38 and any other information the department may collect on all children in the State who are three to four years old and children who will not be at least five years of age on or before July 31 of the current school year.
(b) To the extent not prohibited by administrative rule or law, the department, department of education, state public charter school commission, and executive office on early learning shall share any information gathered pursuant to sections 302A-1165, 302A-1166, 302D-37, and 302D-38 with each other, along with any other information the department, department of education, or state public charter school commission may collect on all children in the State who are three to four years old and children who will not be at least five years of age on or before July 31 of the current school year.
(c) An organization whose mission is to strengthen the education pipeline from early childhood through postsecondary education and training with data-informed decision making, advocacy, and policy coordination may include, in the state longitudinal system, prior early learning program information from the department, executive office on early learning, department of education, Hawaii state public charter school commission, and department of health.
(d) Any procurement executed pursuant to this section shall be exempt from chapters 103D and 103F. [L 2020, c 46, §8; am L 2021, c 210, §9 and c 230, §8]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-187 Early childhood registry; staff information required.

§346-187 Early childhood registry; staff information required.
(a)
The department may establish and maintain an information system to be designated as the early childhood registry. The purpose of this registry shall be to maintain a repository of early childhood provider and staff information that is collected annually pursuant to this section.
(b)
The department may require all staff used to meet the staff-child ratio in all licensed and registered child care programs in the State to annually update their information in the department's early childhood registry.
(c) The data collected from the early childhood registry may include social determinants, including but not limited to: gender, race, age, paid years of experience, preferred learning languages, languages spoken with children, median hourly wage, paid planning time, health insurance, paid sick leave, paid vacation, retirement benefits, participation in an apprenticeship program, level of education, and training hours.
(d) Any records or reports containing registry information and subject to public disclosure shall be limited to aggregate data and shall not directly contain or indirectly result in the disclosure of personally identifiable information.
(e) For purposes of this section, "training" includes but is not limited to health and safety training and voluntary professional development training. [L 2022, c 292, §2]
Note
Department of human services report to 2024 legislature regarding updates to the early childhood registry. L 2022, c 292, §3.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-221 Purpose; construction.

Note
Part heading amended by L 2008, c 154, §1.
Cross References
Dependent elder abuse; suits by the State; civil penalties, see §28-94.
Maximum fee for appointed counsel and guardian ad litem, see §571-87.
Law Journals and Reviews
Elder Law Hawaii. 13 HBJ, no. 13, at 85 (2009).
Elder Abuse and Laws to Protect Older Persons in Hawaii. 15 HBJ, no. 13, at 93 (2013).
Becoming a "Dementia-Capable" Attorney -- Representing Individuals with Dementia. 18 HBJ, no. 13, at 1 (2015).
Holding Hawai €˜i Nursing Facilities Accountable for the Inadequate Pain Management of Elderly Residents. 27 UH L. Rev. 233 (2004).
§346-221 Purpose; construction.
The legislature recognizes that citizens of the State who are vulnerable to abuse constitute a significant and identifiable segment of the population and are particularly subject to risks of abuse, neglect, and exploitation.
The legislature recognizes that it is a person's vulnerability, not necessarily age, which is often encountered in cases of abuse, neglect, and exploitation. While advanced age alone is not sufficient reason to intervene in a person's life, the legislature finds that many elders have become subjects of abuse, neglect, and exploitation. Substantial public interest exists to ensure that this segment of the population receives protection.
The legislature declares that the State shall develop and promote community services for the economic, social, and personal well-being and protection of its citizens who may be vulnerable to abuse.
In taking this action, the legislature intends to protect vulnerable adults and place the fewest possible restrictions on personal liberty and to permit the exercise of constitutional rights by adults consistent with protection from abuse. [L 1989, c 381, pt of §1; am L 1990, c 67, §8, c 144, §1, and c 234, §9; am L 2008, c 154, §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-223 Jurisdiction; venue.

§346-223 Jurisdiction; venue.
The family court shall have jurisdiction over protective proceedings under this part that concern a vulnerable adult who was or is found within the judicial circuit at the time the facts and circumstances occurred, were discovered, or were reported to the department, which constitute the basis for a finding that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken; provided that the protective proceedings under this part shall not be considered exclusive and shall not preclude any other criminal, civil, or administrative remedy. The protective proceedings under this part shall be held in the judicial circuit in which the vulnerable adult resides at the time of the filing of the petition or in which the vulnerable adult has assets. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §5]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-225 Confidentiality of reports.

§346-225 Confidentiality of reports.
A report made pursuant to this part, including the identity of the reporting person and all records of the report, shall be confidential and any person who makes an unauthorized disclosure of a report or records of a report shall be guilty of a misdemeanor. The director may adopt, amend, or repeal rules, pursuant to chapter 91, to provide for the confidentiality of reports and records, and for the authorized disclosure of reports and records. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §3; am L 2008, c 154, §7]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-226 Access to records.

§346-226 Access to records.
Records of a vulnerable adult shall be obtained by the department or the vulnerable adult's court-appointed guardian ad litem with the written consent of the vulnerable adult or the vulnerable adult's representative, or by court order. Any person who reports to the department under section 346-224, upon demand of the department, shall provide all information related to the alleged incident of abuse, including financial records and medical reports, which were not included in the written report submitted pursuant to section 346-224(b). [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §8]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-227 Investigation.

§346-227 Investigation.
Upon receiving a report that abuse of a vulnerable adult has occurred or is in danger of occurring if immediate action is not taken, the department shall cause an investigation to be commenced in accordance with this part as the department deems appropriate. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §9]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-228 Action upon investigation.

§346-228 Action upon investigation.
Upon investigation the department shall take action to prevent abuse and shall have the authority to do any or all of the following:
(1) Resolve the matter in an informal fashion as is appropriate under the circumstances;
(2) Exercise its right of entry under section 346-229;
(3) Seek an order for immediate protection;
(4) Seek a temporary restraining order;
(5) File a petition with the court under this part; and
(6) Seek any protective or remedial actions authorized by law. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §10]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-229 Right of entry.

§346-229 Right of entry.
(a) An employee of the department engaged in an investigation under this part shall be authorized to visit and communicate with the vulnerable adult who is the subject of the report. Any person intentionally or knowingly obstructing or interfering with the department's access to or communication with the vulnerable adult shall be guilty of a misdemeanor.
(b) Any employee of the department engaged in an investigation under this part, having probable cause to believe that a vulnerable adult will be injured through caregiver neglect, self-neglect, or by physical abuse before a court order for entry can be obtained, without a warrant, may enter upon the premises where the vulnerable adult may be found for the purpose of ascertaining that person's welfare. Where a warrantless entry is authorized under this section, the employee of the department may request the assistance of a police officer to gain entrance. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §11; am L 2022, c 289, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-230 Termination of services.

§346-230 Termination of services.
(a) The department shall act only with the consent of the vulnerable adult, unless the department obtains court authorization to provide necessary services, as provided in section 346-231. Investigation and services provided under this part shall be immediately terminated if:
(1) The vulnerable adult has the capacity to consent and either does not consent or withdraws consent to the receipt of protective services;
(2) The department determines that protection is no longer needed under this part; or
(3) The court so orders.
(b) Upon the department's determination that protective services are no longer needed, the vulnerable adult shall be referred to the agency responsible for follow-up services. For the mentally ill or adults with developmental or intellectual disabilities, the state agency designated to provide services shall be the department of health. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 1992, c 62, §2; am L 2008, c 154, §12; am L 2011, c 220, §4]