Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 3 - GENERAL REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-51 - General requirements

Current through June, 2024
(a) The department
				  shall verify that the exempt provider meets exemptions from sections
				  346-161
				  or
				  346-171,
				  HRS, in accordance with section
				  346-152,
				  HRS.
(b) An exempt provider shall
				  be authorized to care for children whose families receive child care payments
				  under this chapter when all requirements in subchapter
				  3,
				  4, and
				  5 are met.
(c) An exempt provider shall:
(1) Be eighteen years old or older;
(2) Afford caretakers unlimited access to
				  their children, including written records concerning the caretakers' children,
				  during normal hours of provider operation and whenever children are in the care
				  of the provider;
(3) Operate as an
				  exempt provider in accordance with section
				  346-152,
				  HRS;
(4) Complete background checks
				  in accordance with section 17-798.3-89 and chapter
				  17-801;
(5) Have no known history of physical,
				  psychological or psychiatric problems, or background, in accordance with
				  chapter
				  17-801
				  that may adversely affect or interfere with the care of children;
(6) Be free of physical or psychological
				  conditions which may impair or limit the provider's ability to provide child
				  care;
(7) Satisfactorily complete
				  and provide written evidence to the department to show completion of trainings
				  as required by the department when caring for an eligible child under this
				  chapter which includes but is not limited to:
(A) An initial training in health and safety
				  standards that is approved by the department prior to caring for an eligible
				  child;
(B) Safe sleep training that
				  is approved by the department on an annual basis when the provider starts
				  caring for an eligible child who is less than one year of age, until no
				  eligible children in care are less than one year of age; and
(C) A minimum of eight hours of training
				  within one year of completion of the initial training as described in
				  subparagraph (A), and completed annually thereafter, as prescribed by the
				  department in at least two of the following topic areas:
(i) Physical care of the young
				  child;
(ii) Care of the sick
				  child;
(iii) Child
				  nutrition;
(iv) Child growth and
				  development;
(v) Children with
				  special needs;
(vi) Learning
				  activities and play;
(vii) Family
				  engagement;
(viii) Managing
				  challenging behaviors;
(ix)
				  Prevention of child maltreatment and abuse;
(x) First aid and child cardiopulmonary
				  resuscitation;
(xi) Physical
				  environment;
(xii) Health and
				  safety;
(xiii)Child care business
				  or program management; or
(xiv)
				  Community resources; and
(xv)
				  Training under section 17-798.3-51(c)(7)(B), when applicable; provided that an
				  exempt provider who is the child's grandparent, great-grandparent, sibling
				  living in a separate residence, aunt, or uncle is not subject to this
				  paragraph;
(8) Submit to initial and annual monitoring
				  inspections where care is being provided, including in-home care, to ensure
				  compliance with the requirements of subchapters
				  4 and
				  5 as follows:
(A) The department shall assess the
				  qualifications of exempt providers and inspect the premises.
(B) All exempt providers shall cooperate with
				  the department by providing access to the premises, records, staff, and
				  household members.
(C) Failure to
				  comply with reasonable requests may constitute grounds for the department to
				  determine that the provider is not authorized to care for a child whose family
				  unit receives child care payments; provided that an exempt provider who is the
				  child's grandparent, great-grandparent, sibling living in a separate residence,
				  aunt, or uncle is not subject to this paragraph;
(9) Comply with section
				  17-798.3-66;
(10) Agree to report
				  to the department, within one working day of occurrence, the death of a child
				  or staff, and any illness or injury received at the provider that results in a
				  child's hospitalization or emergency treatment;
(11) Report to the department within ten
				  calendar days of occurrence, any of the following:
(A) Change in contact telephone
				  number;
(B) Change in the address
				  where the child care is being conducted; or
(C) Change in the staff or household members
				  where care is being conducted;
(12) Agree to notify all parents of children
				  in care when there are deficiencies in meeting requirements under subchapters
				  3, 4, or 5;
(13) Report any
				  suspected child abuse or neglect in accordance with section
				  350-1.1, HRS;
(14) Have a written policy of expulsion of
				  children which includes the following:
(A)
				  The conditions under which a child may be expelled, if applicable;
(B) Sufficient timeframe before expulsion
				  occurs to enable parents to make alternative child care arrangements or to take
				  the necessary action to allow the child to remain enrolled, except as specified
				  in subparagraph (C);
(C) Conditions
				  that may warrant immediate expulsion such as imminent danger to the health,
				  welfare, or safety of the children or staff;
(15) Give parents and guardians a copy of the
				  expulsion policy;
(16) Provide
				  written notification to parents or guardians, any concerns that could lead to
				  the child's expulsion; and
(17)
				  When expulsion occurs, maintain a record of the conditions, parental
				  notification, and action taken when applicable.