reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 7 - ENVIRONMENTAL HEALTH STANDARDS › Section 17-892.1-31 - Disaster plan for emergencies

Current through June, 2024
Each facility shall have a disaster plan to cover
					 emergencies such as fire, flood, or natural disaster. The plan shall
					 include:
(1) A written plan which
				  shall be approved by the fire inspector, the health consultant, or the red
				  cross, and which shall be practiced at regular intervals;
(2) Posting the plan in a prominent place in
				  the facility; and
(3) Installing an
				  underwriters laboratory listed fire warning device or system in each facility.
				  Written evidence that the device or system has been inspected and approved by a
				  fire inspector shall be on file at the facility.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 7 - ENVIRONMENTAL HEALTH STANDARDS › Section 17-892.1-32 - Accidental injury precautions

Current through June, 2024
The facility shall ensure that the child care program and
					 premises minimize the risk of accidental injury in the following manner:
(1) Child care activities and premises shall
				  take precautions not to expose children to situations which may be hazardous to
				  the particular age or capacity of the child;
(2) The program shall help children to
				  increase awareness of safety practices and accident hazards and to teach the
				  children how to avoid such hazards; and
(3) Accident prevention practices and
				  policies shall be available in writing. The practices and policies shall be
				  reviewed annually and the staff shall become familiar with the policies and
				  practices.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 7 - ENVIRONMENTAL HEALTH STANDARDS › Section 17-892.1-33 - Environmental hazards

Current through June, 2024
The indoor and outdoor premises of a child care facility
					 shall be free of environmental hazards, shall be clean and comfortable, and
					 shall provide for adequate space to meet the needs of the children as
					 follows:
(1) The facility shall be
				  protected against rodents and insects;
(2) The outdoor space shall be fenced or
				  shall have natural barriers to deter children from getting into unsafe
				  areas;
(3) There shall be no open
				  drainage ditches, wells, or holes into which children may fall;
(4) Drainage shall be adequate to prevent
				  stagnant pools of water from accumulating;
(5) Garbage and trash shall be stored in
				  covered containers out of reach of the children and shall be removed frequently
				  enough to avoid creating a health hazard or nuisance;
(6) Open fireplaces shall not be used. Floor
				  heaters and all heating elements including hot water pipes shall be insulated
				  or installed in a manner which makes the pipes inaccessible to
				  children;
(7) Floor space shall be
				  arranged to provide areas for active play, quiet rest, and individual
				  activities;
(8) Furniture,
				  equipment, and toys shall be sturdily constructed, without sharp edges, and
				  shall present minimal hazards to children;
(9) Lead based paint shall not be used on
				  surfaces accessible to children;
(10) Poisonous plants shall be out of reach
				  of children on the premises
(11)
				  Pets, animals, and fowl shall be maintained in a safe and sanitary manner at
				  all times; and
(12) If a lodging
				  house, boarding house, or any-other business conflicts with the regular
				  operation of the child care facility, the lodging house, the boarding house, or
				  other business shall not be conducted at the facility.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 7 - ENVIRONMENTAL HEALTH STANDARDS › Section 17-892.1-34 - Water supply

Current through June, 2024
(a) The water
				  supply shall be from a source approved by the health authority and shall be
				  under pressure. The plumbing shall be installed and maintained in a manner
				  approved by local plumbing codes.
(b) If running water is not available, the
				  water shall originate from a source approved by the health authority, shall be
				  transported to the child care setting in clean, sanitized, covered containers,
				  and shall be protected from contamination.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 7 - ENVIRONMENTAL HEALTH STANDARDS › Section 17-892.1-35 - Toilet and lavatory facilities

Current through June, 2024
Toilet and lavatory facilities shall be of a type
					 determined by the availability of water under pressure. Approved facilities,
					 water or non-water carriage, shall be provided for disposal of sewage and other
					 liquid wastes. The following conditions shall apply:
(1) Where a public sewer is available, all
				  plumbing fixtures and building sewers shall be connected thereto;
(2) Where a public sewer is not available, a
				  private sewage disposal system of an approved type shall be installed and
				  connected to all plumbing fixtures and building sewers;
(3) Where water sewage disposal means are not
				  available or feasible, sewage and other liquid wastes shall be disposed in an
				  approved manner;
(4) Where water
				  carried sewage disposal is available, water flush toilets shall be provided.
				  Indoor toilets shall be located in rooms separate from those used for cooking,
				  sleeping, or eating;
(5) Where
				  water carried sewage disposal is not available, privies shall be used in
				  accordance with local sanitary requirements and shall be designed with step
				  stools or with holes sized to the age group;
(6) If toilet training chairs are provided
				  for use by children, the toilet training chairs shall be emptied promptly and
				  sanitized after use;
(7) Lavatories
				  shall be provided in quantities commensurate with toilet facilities. Hot water
				  temperatures shall not exceed 100 degrees fahrenheit, 38 degrees Celsius, at
				  outlets accessible to children; and
(8) Toilet facilities shall be child sized,
				  or safe, sturdy step stools shall be provided to allow standard sized toilets
				  and lavatories to be used.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 7 - ENVIRONMENTAL HEALTH STANDARDS › Section 17-892.1-36 - Food preparation

Current through June, 2024
Food preparation shall be carried out in a kitchen with
					 proper equipment and cleanup facilities required for the number of children in
					 care as follows:
(1) All dishwashing
				  shall be performed in a sanitary manner. A domestic dishwasher shall be
				  acceptable, but if it is not available, the dishes shall be washed and rinsed
				  in a sanitizing solution;
(2) In a
				  facility caring for less than thirteen children, a family kitchen in good
				  repair, separate from other rooms, shall be available;
(3) In a child care facility caring for
				  thirteen or more children, where food is prepared on the premises, adequate
				  sized equipment for the size of the program shall be available. An approved
				  dishwasher or a three compartment sink shall be used. Both the dishwasher and
				  the three compartment sink shall require approval by the state department of
				  health;
(4) When food is prepared
				  off the premises and is transported to the child care facility from a licensed
				  preparation source, the foods shall be kept in a safe and sanitary
				  condition;
(5) When single service
				  utensils are used, the utensils shall be stored and handled in a sanitary
				  manner and discarded after a single use; and
(6) Cooking utensils used in food preparation
				  and service shall be cleaned and stored in a sanitary manner.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 7 - ENVIRONMENTAL HEALTH STANDARDS › Section 17-892.1-37 - Food Preparation

Current through June, 2024
Food protection shall be carried out as follows:
(1) Policies and practices shall be developed
				  and carried out in a manner that insures that all food is protected from
				  contamination during storage, preparation, and service; and
(2) Food protection policies shall comply
				  with accepted practices of local sanitary codes and shall be adapted to fit the
				  needs of the program except as indicated in these rules.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 7 - ENVIRONMENTAL HEALTH STANDARDS › Section 17-892.1-38 - Cleaning of premises

Current through June, 2024
(a) All necessary
				  cleaning equipment shall be available on the premises and a plan for regular
				  cleaning shall be established to protect the health of the children and
				  provider.
(b) Toys, table tops,
				  furniture, and other similar equipment used by children shall be washed when
				  the toys or equipment become gummy, sticky, or dirty. Plain soap and water
				  shall be an adequate cleansing agent.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 7 - ENVIRONMENTAL HEALTH STANDARDS › Section 17-892.1-39 - Public beaches, swimming activities, and wading pools

Current through June, 2024
(a) When swimming or wading pools are part of
				  the facility, equipment, or program, the swimming pools shall be constructed,
				  maintained, and operated in accordance with building and health
				  rules.
(b) When swimming or wading
				  activities are included in the child care program, the following safety
				  practices shall be observed:
(1) A certified
				  lifeguard, who may be the provider, shall be on duty at all times when swimming
				  pools are in use;
(2) Wading pools
				  less than twenty-four inches at the deepest part shall be exempt from the
				  requirements of subsection (b)(1). However, children shall be personally
				  attended by a responsible adult at all times;
(3) Wading pools exempt under subsection
				  (b)(2) shall be emptied immediately after each use; and
(4) Legible safety rules for the use of all
				  types of pools shall be posted in a conspicuous location and read and reviewed
				  at regular intervals by the provider responsible for the care of
				  children.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 8 - PHYSICAL FACILITY STANDARDS › Section 17-892.1-40 - Building codes and space requirements

Current through June, 2024
(a) Child care
				  facilities shall conform to the zoning, building, electrical, and plumbing
				  codes of the county or political subdivision in which the facility is located
				  and to state rules as may be applicable to the facility.
(b) The facility shall:
(1) Be located in a safe and sanitary area in
				  conformance with subchapter 3 of this chapter;
(2) Have a sunny exposure and be well lighted
				  and ventilated; and
(3) Be located
				  in a reasonably quiet area or employ suitable noise control devices to limit
				  noise exterior to the child care operation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 9 - PROGRAM MODIFICATIONS › Section 17-892.1-41 - Program modifications for drop-in care

Current through June, 2024
(a) All
				  requirements set forth in this chapter shall be met by the provider except for
				  section 17-892.1-20(a) and (c) and section 17-892.1-23(c).
(b) A child care center offering drop-in care
				  shall be prepared to adjust its staffing to meet the program modifications
				  which result when drop-in care is provided.
(c) Children receiving drop-in care shall be
				  cared for in separate areas or groups.
(d) If a center serves both drop-in children
				  and children who attend regularly, the grouping of the children and the program
				  shall be planned so that the needs of both groups are met.
(e) The facility shall have the following
				  information in writing:
(1) The ages of
				  children accepted for drop-in care;
(2) The procedures for admittance and release
				  of drop-in children; and
(3)
				  Arrangements for staffing and separate activities for drop-in
				  children.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 9 - PROGRAM MODIFICATIONS › Section 17-892.1-42 - Program modifications for night care

Current through June, 2024
A child care facility offering night care shall meet the
					 requirements of this chapter in addition to the following requirements:
(1) In consultation with parents, special
				  attention shall be given by the caregiver to provide for a transition into
				  night care;
(2) A selection of toys
				  for quiet activities shall be available;
(3) Comfortable beds or cots, complete
				  bedding and night clothes shall be available or supplied by the
				  parents;
(4) Beds shall be placed
				  at least three feet apart;
(5)
				  Staff shall be available to assist children during eating and pre-bedtime hours
				  and during the morning period when dressing. During sleeping hours, staff shall
				  be within listening distance to provide for the needs of children and to
				  respond to an emergency;
(6) A
				  child shall not sleep in a building detached from the main facility;
				  and
(7) Night care facilities shall
				  include at least one shower, bathtub, or bathing facility for the
				  children.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Subchapter 9 - PROGRAM MODIFICATIONS › Section 17-892.1-43 - Program modifications for demonstration projects

Current through June, 2024
(a)
				  A child care facility may establish a demonstration project for a specific
				  purpose, or set of purposes, upon receiving written approval from the
				  department.
(b) The child care
				  facility shall submit a written proposal to the department indicating the
				  following:
(1) Purpose of the
				  project;
(2) Description of the
				  project;
(3) Length of the
				  project;
(4) Specific child care
				  rules that shall be exempted by the project; and
(5) Justification for the proposed
				  exemptions.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Section 17-893-1 - Definitions

Current through June, 2024
For the purpose of this chapter:
"Certificate of approval" means the certificate issued by
				  the department which authorizes a person, agency, or organization to operate a
				  child-placing organization.
"Child-placing organization" or "organization" means any
				  person, agency, or organization, except family courts and the department,
				  engaged in the investigation, placement, and supervision of children in foster
				  care,
"Children" means persons under eighteen years of age.
"Foster care" means care and maintenance given to children
				  on a twenty-four hour basis apart from parents or legal guardians, by persons
				  other than those related to the child by blood, marriage, or adoption.
"Foster care facility" means a foster home or institution
				  providing foster care.
"Foster home" includes the following types of foster home
				  care provided by an organization:
(1) Adoptive home, in which the intent of the family is to
				  petition the court in order to assume legally the full responsibilities and
				  privileges of parenthood toward the child who has been placed with the family
				  and is legally available for adoption;
(2) Foster boarding home, in which foster parents provide
				  care and maintenance to children apart from the children's parents or legal
				  guardians on a twenty-four hour basis for fee or charge;
(3) Free home, in which foster parents receive no payment for
				  the care of the child and do not expect the child to pay for the child's care
				  through services;
(4) Wage home, in which foster parents make definite
				  arrangements to provide a wage to the child in return for services but where
				  the child is accepted as a member of the family and not as an employee;
				  and
(5) Work home, in which foster parents accept a child as a
				  member of the family but receive services from the child in return for room and
				  board.
"Foster parent" means any adult person who is not related to
				  the child by blood, marriage, or adoption, and who provides parenting care and
				  maintenance to a foster child.
"Guardian" means a person other than a child's parents who
				  has legal authority over and responsibility for a child.
"New hire" means a person seeking employment in a
				  child-placing organization for the first time in the State, either as an
				  applicant or prospective employee of a child-placing organization.
"Rehire" means an applicant or prospective employee of a
				  child-placing organization who is seeking to operate or be employed in a
				  child-placing organization following termination of employment of more than six
				  months and who has been out of the State during this break in
				  employment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 1 - LICENSING REQUIREMENTS › Section 17-893-2 - Operation of a chllft-placina organization

Current through June, 2024
(a) Any person,
				  agency, or organization desiring or planning to operate a program of
				  investigation, placement, and supervision of children in foster care shall be
				  required to obtain a certificate of approval from the department prior to
				  engaging in any phase of child-placing activities.
(b) Parents, legal custodians, or legal
				  guardians, who are willing and able to provide a safe home for their child if
				  it were not for the child's extraordinary medical, physical, or psychological
				  needs, do not need to obtain a certificate of approval from the department and
				  do not need to meet the licensing requirements of this chapter in order to
				  place and supervise their own child.
(c) The department shall not issue a
				  certificate until information required by this chapter is submitted to the
				  department establishing that the organization is properly qualified to act in a
				  child-placing capacity.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 1 - LICENSING REQUIREMENTS › Section 17-893-3 - Application

Current through June, 2024
(a) The organization shall submit an
				  application for license to the department, which shall include the following
				  information:
(1) Statement of organization's
				  purpose and function;
(2) Statement
				  of the organization's program and the services to be provided, including an
				  explanation of how the proposed services relate to existing community services
				  so as to complement, expand, or stimulate overall child-placing activities in
				  the State;
(3) Statement of
				  criteria for selection of children to be served;
(4) Statement of geographical area to be
				  served;
(5) Statement of the
				  organizational plan, including statement of legal authority and a copy of the
				  by-laws;
(6) List of officers,
				  directors, trustees, or advisory board members;
(7) Copy of the personnel policies outlining
				  the organization's personnel practices;
(8) Statement of the requirements for the
				  training and experience of the professional staff to be employed;
(9) Copy of the organization's classification
				  and salary schedule;
(10) Copy of
				  the estimated annual budget, including a statement of the plan for the
				  continued funding of the organization; and
(11) Other statements as may be required by
				  the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 1 - LICENSING REQUIREMENTS › Section 17-893-4 - Issuance of certificate of approval

Current through June, 2024
(a) When the
				  department determines through a review of the applicant's qualifications that
				  the organization is in compliance with the requirements of this chapter, the
				  department shall approve the application and shall issue a certificate of
				  approval. The certificate of approval shall:
(1) Be valid for one year; or be valid for
				  two years when the following, criteria are met:
(A) The organization has been in operation
				  for at least one year as a licensed child placing organization by the
				  State;
(B) The organization fully
				  complied with all licensing requirements;
(C) There were no major changes in the
				  organizational structure or in policies and procedures relating to foster
				  care;
(D) The applicants have no
				  criminal history, employment history, or background checks which pose a risk to
				  children; and
(E) There were no
				  complaints by the workers, clients, or the public which warranted investigation
				  and which require closer monitoring;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 1 - LICENSING REQUIREMENTS › Section 17-893-5 - Denial of certificate of approval

Current through June, 2024
When the department determines through a study of the
					 application that the organization does not meet the requirements of this
					 chapter, the application for license shall be denied.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 1 - LICENSING REQUIREMENTS › Section 17-893-6 - Provisional certificate of approval

Current through June, 2024
(a) The department
				  may issue a provisional certificate of approval to an organization which is
				  temporarily unable to meet all requirements of this chapter, provided that the
				  provisional certificate shall be for no longer than six months. The reasons for
				  the issuance of a provisional certificate shall be provided to the organization
				  in writing.
(b) At the discretion
				  of the department, a provisional certificate of approval shall be renewable,
				  provided the renewal shall be for no longer than six months.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 1 - LICENSING REQUIREMENTS › Section 17-893-7 - Suspension and revocation

Current through June, 2024
(a) Whenever an
				  organization fails to meet the conditions under which the certificate of
				  approval was granted, the department shall notify the organization in writing,
				  stating the specific conditions not met, and the department shall give the
				  organization thirty calendar days to effect the necessary
				  corrections.
(b) If after the
				  notice, the organization fails to make the necessary corrections, the
				  certificate of approval shall be suspended, revoked, or shall not be renewed by
				  the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 1 - LICENSING REQUIREMENTS › Section 17-893-8 - Application for renewal of the certificate of approval

Current through June, 2024
(a)
				  A certificate of approval shall be renewed annually or biennially if the
				  criteria in section 17-893-4 are met. At least-thirty calendar days prior to
				  the expiration date of the current certificate, the organization shall apply to
				  the department for renewal of the certificate of approval.
(b) The application for renewal shall
				  include:
(1) A current list of all employees
				  showing duties, classification, salary range, and the training and experience
				  of each professional staff member;
(2) A current list of officers, directors,
				  trustees, or advisory board members, showing terms of office;
(3) A copy of the estimated annual budget for
				  the year or the estimated biennial budget for the next two years if the
				  organization is certified for two years including the latest annual financial
				  statement; and
(4) Major changes in
				  policies and procedures relating to foster care as made in the past year or two
				  years.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 1 - LICENSING REQUIREMENTS › Section 17-893-9 - Hearing

Current through June, 2024
(a) Any organization whose certificate of
				  approval is suspended, revoked, or denied, as in the case of an application for
				  renewal, may appeal to the director of the department provided the organization
				  makes the request in writing not later than thirty calendar days after the
				  mailing of the notice of suspension, revocation, or denial by registered mail
				  to the organization's last known address.
(b) The director of the department shall meet
				  with the organization and shall hear any new information the organization may
				  desire to produce.
(c) The
				  suspension, revocation, or denial in question shall be stayed until the thirty
				  day period has expired and may be further stayed by the director if an appeal
				  has been filed.
(d) The decision of
				  the director of the department on any request shall be final.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 2 - ADMINISTRATIVE REQUIREMENTS › Section 17-893-10 - Organization

Current through June, 2024
(a) The purpose and function of the
				  organization shall be stated in writing and shall be available to the
				  department, to the children and families served, and to all other interested
				  persons. This written information shall include:
(1) The services the organization provides to
				  the children and families of the children who are requesting, or are in, foster
				  home placement;
(2) The eligibility
				  requirements of the children to be served by the organization; and
(3) The geographical area of
				  service.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 2 - ADMINISTRATIVE REQUIREMENTS › Section 17-893-11 - Social services

Current through June, 2024
The organization shall have a social service program which
					 reflects the latest standards established-by the United States Children's
					 Bureau and which includes:
(1)
				  Application services.
(A) The organization
				  shall study every application for placement of a child to determine the
				  desirability of separating the child from the family and placing the child in
				  foster care;
(B) The organization
				  shall consider information in the application regarding past and current
				  experiences and problems of the child in order to determine the type of
				  services best suited to meet the child's needs;
(C) If at all possible, the organization
				  shall help the child remain with the child's parents or legal guardians.
				  However, if it is determined that a foster home placement is in the best
				  interest of the child, the organization shall -provide services to help the
				  child and family understand the meaning of separation and the benefit from the
				  services available from the child placing organization;
(D) The organization shall arrange for
				  temporary care in case of an emergency need for placement until the application
				  study is completed and a decision made regarding continuing care;
(E) Parents or guardians shall be fully
				  involved in the application process and in planning for the child, and the
				  rights of parents or guardians shall be respected;
(F) The organization shall take appropriate
				  legal action to protect children who are without responsible parents or legal
				  guardians;
(G) The child shall be
				  placed in a foster care facility that meets the requirements of chapters 17-890
				  and 17-894;
(H) Each child, the
				  child's parents or guardians, and the foster care facility shall be prepared
				  for the particular placement;
(I)
				  Written and signed agreements between the organization and parents or guardians
				  with regard to placement, financial arrangement, and authorization for dental,
				  medical, and surgical diagnoses and treatment shall be secured;
(J) A written tentative plan of service,
				  which shall include the purpose and duration of placement, shall be developed
				  for each child. The organization shall re-evaluate the plan at least
				  semi-annually;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 2 - ADMINISTRATIVE REQUIREMENTS › Section 17-893-12 - Records of children

Current through June, 2024
The organization shall keep case records of the children
					 in the organization's-care. Records shall include the following
					 information:
(1) Identifying
				  information such as:
(A) The child's full
				  name, birthdate, birthplace;
(B)
				  Religion of parents or guardians and the child;
(C) Parents or guardians full names,
				  including mother's maiden name, parents or guardians addresses, and parents'
				  date and place of marriage;
(D) if
				  parents or guardians are deceased, the date, place, and cause of
				  death;
(E) If parents are divorced
				  or separated, parents full marital data;
(F) Names, addresses, and birthdates of other
				  children in the family; and
(G)
				  Names and addresses of immediate relatives;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 2 - ADMINISTRATIVE REQUIREMENTS › Section 17-893-13 - Penalty

Current through June, 2024
Operating without a certificate of approval or wilfully
					 making any false statement which violates any provision of this chapter shall
					 constitute a violation which shall be punishable by a fine not exceeding
					 $200.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 2 - ADMINISTRATIVE REQUIREMENTS › Section 17-893-14 - Separability

Current through June, 2024
If any section, subsection, paragraph, subparagraph, or
					 clause of this chapter is for any reason held to be unconstitutional or
					 invalid, the remaining portions of this chapter shall not be
					 affected.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 893 - LICENSING OF CHILD-PLACING ORGANIZATIONS › Subchapter 2 - ADMINISTRATIVE REQUIREMENTS › Section 17-893-16 - Savinss clause

Current through June, 2024
Existing organizations licensed by the department shall
					 continue to operate for the term of the organizations certificate of approval
					 and shall qualify under this chapter thereafter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 1 - LICENSING PROCEDURE › Section 17-895.1-2 - Application

Current through June, 2024
(a) A completed application to operate an
				  infant and toddler child care center must include the following:
(1) A signed department application
				  form;
(2) A written statement of
				  operation policies;
(3)
				  Verification that the facility meets the applicable county codes;
(4) Results of the background checks as
				  described in §
											17-801-4, and as indicated in (A)
				  and (B) below:
(A) Applicants, their staff
				  members, and prospective staff members shall provide background clearance
				  records and consent to conduct such checks as indicated in section
				  17-801-4.
(B) The department shall conduct the
				  background checks in accordance with chapter
				  17-801.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 1 - LICENSING PROCEDURE › Section 17-895.1-3 - Inspection and issuance of license

Current through June, 2024
(a) In exercising
				  its authority to license child care facilities or renew, suspend, or revoke the
				  license, the department shall analyze the qualifications of providers of child
				  care, review the facility's written policies and program provisions, and
				  inspect the child care facility. Authorized representatives of the department
				  and parents or guardians of the children in care may visit a child care
				  facility at any time during the hours of operation for purposes of observing,
				  monitoring, and inspecting the facilities, activities, staffing, and during
				  investigations of complaints against the facility, and other aspects of the
				  child care facility. The department may call on political subdivisions and
				  governmental agencies for appropriate assistance within the agencies'
				  authorized fields.
(b) The
				  applicant or licensee shall cooperate with the department by providing access
				  to its facilities, records, and staff. Failure to comply with reasonable
				  requests may constitute grounds for denial, suspension, or revocation of
				  license.
(c) After the initial
				  licensure, the licensee shall ensure that new staff members comply with section
				  17-895.1-2(a)(4) within five working days of hire by the child care facility.
(1) New staff members shall meet the
				  conditions in sections
				  17-801-5(a) and
				  17-801-5(b) prior
				  to starting employment or volunteering at the child care facility.
(2) An applicant, staff member, or rehired
				  staff member, who has left the state or no longer doing child care for a period
				  of one hundred eighty consecutive days or more, shall comply with sections
				  17-801-5(a),
				  17-801-5(b), and
				  17-801-5(c).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 1 - LICENSING PROCEDURE › Section 17-895.1-4 - Fines

Current through June, 2024
(a) The operation of a child care facility
				  without a license is a violation and shall be punishable by a fine not to
				  exceed the maximum amount allowable under the law.
(b) The following offenses may be punishable
				  by a fine, not to exceed the maximum amount allowable under the law, and may
				  also be subject to the denial, suspension or revocation of a license:
(1) Caring for more children than allowed by
				  the facility's license;
(2)
				  Violation of the staff-child ratios;
(3) Improperly certifying staff
				  credentials;
(4) Failure to comply
				  with timely request for background check as required in chapter
				  801;
(5) Allowing conditions to exist at the
				  facility which constitute a risk of harm or an imminent danger to the health,
				  welfare, or safety of the children; or injuries to children resulting from the
				  conditions;
(6) Failure to report
				  suspected child abuse or neglect that has occurred or will occur; or
(7) Any behavior that may create an unsafe or
				  unhealthy environment or may pose a risk of harm to children.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 1 - LICENSING PROCEDURE › Section 17-895.1-5 - Denial, suspension, revocation of license, and hearings

Current through June, 2024
(a) The conditions for denial, suspension, or
				  revocation of a license and the action to be taken by the department shall be
				  as follows:
(1) The department shall deny,
				  suspend, or revoke a regular license or a provisional license if:
(A) An applicant or licensee does not comply
				  with the applicable statutes and rules of the department respecting child care
				  facilities; or
(B) The child care
				  facility or any employee of the facility knowingly makes a false statement to
				  any person concerning the child care facility's liability insurance
				  coverage.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 2 - ADMINISTRATION REQUIREMENTS › Section 17-895.1-10 - Age of children in care

Current through June, 2024
An infant and toddler center may provide care to children
					 aged six weeks and older.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 2 - ADMINISTRATION REQUIREMENTS › Section 17-895.1-11 - Statement of operation policies

Current through June, 2024
(a) The facility
				  shall have written operation policies which cover the following areas:
(1) Ages of children accepted;
(2) Maximum number of children permitted by
				  license;
(3) Specific hours of day,
				  night, holiday, and vacation operation;
(4) Type of child care services
				  provided;
(5) Whether the facility
				  provides meals and snacks for the infant or toddler, or parents are to provide
				  the meals and snacks;
(6) Admission
				  requirements and enrollment procedures;
(7) Provisions which may be made for special
				  needs of individual children;
(8)
				  Fees and the plan for payment, including fees for different types of services
				  and refund policy;
(9) Plan for
				  emergency medical care;
(10)
				  Insurance coverage - each facility shall inform parents or guardians in writing
				  of its policy relating to liability insurance;
(11) Personal belongings brought to the
				  facility;
(12) Transportation
				  arrangements;
(13) Parental
				  permission for trips and related activities outside the facility, if
				  applicable;
(14) Admission and care
				  of ill children;
(15) Administering
				  medication;
(16) Provision and
				  management of diapers and other infant and toddler supplies;
(17) Sanitation practices;
(18) Grievances which shall include the
				  department's information for parents to file a complaint;
(19) Fundraising campaigns - children and
				  staff shall not be exploited in activities which would be detrimental to the
				  children or the program;
(20)
				  Mandated reporting of suspected child abuse or neglect in accordance with
				  chapter 350, HRS;
(21) Regular
				  communication between caregivers and parents or guardians to relay information
				  about the child;
(22) Suspension
				  and expulsion of children which includes the following:
(A) The conditions under which a child may be
				  suspended or expelled, if applicable;
(B) Sufficient timeframe before suspension or
				  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 (22) (C) below;
(C)
				  Conditions that may warrant immediate expulsion such as imminent danger to the
				  health, welfare, or safety of the children;
(D) Parents and guardians are provided
				  written notification of any concerns that could lead to the child's expulsion;
				  and
(E) When expulsion occurs, the
				  provider shall maintain a record of the conditions, parental notification, and
				  action taken; and
(23)
				  Other policies that may be required by the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 2 - ADMINISTRATION REQUIREMENTS › Section 17-895.1-12 - Liability insurance

Current through June, 2024
A child care facility shall:
(1) Obtain and maintain liability insurance
				  coverage as defined in section
				  346-157, HRS;
(2) Provide to the department evidence of
				  liability insurance coverage; and
(3) Notify the department and parents or
				  guardians in writing 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 facility.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 2 - ADMINISTRATION REQUIREMENTS › Section 17-895.1-13 - Information on owner or operator

Current through June, 2024
(a) The name,
				  address, and telephone number of the facility shall be supplied to the
				  department.
(b) The name, business
				  address, and business telephone number of the persons bearing the
				  responsibility for the child care facility shall be supplied to the
				  department.
(c) The name, business
				  address, and business telephone number of the persons having specific authority
				  and responsibility for overall administration and the services offered shall be
				  supplied to the department.
(d) The
				  name of the owner or sponsoring agency (privately owned, church, or agency
				  owned, etc.) of the facility shall be supplied to the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 2 - ADMINISTRATION REQUIREMENTS › Section 17-895.1-14 - Change in services and staff

Current through June, 2024
A facility shall notify parents or guardians and the
					 department of any changes in the child care services it provides as
					 follows:
(1) Written notification of
				  changes in the services offered by the facility shall be provided to the
				  department and to parents or guardians of the children enrolled in the facility
				  at least four weeks prior to the effective date of change.
(2) A facility shall provide to the
				  department written notification of changes in staff who provide direct care to
				  children within five working days after the change.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 2 - ADMINISTRATION REQUIREMENTS › Section 17-895.1-15 - Information and records on each child

Current through June, 2024
(a) Admission
				  procedures shall require sufficient information and instruction from the
				  parents or guardians to enable the caregiver to make decisions or act on behalf
				  of the child.
(b) Prior to the
				  admission of a child to a facility, the provider shall obtain in writing from
				  the child's parents or guardians the following information:
(1) The child's full legal name, birth date,
				  current address, and preferred names;
(2) The names and addresses of the parents or
				  guardians who are legally responsible for the child;
(3) Telephone numbers or instructions as to
				  how the parents or guardians may be reached during the hours the child is in
				  the facility;
(4) The name,
				  address, and telephone number of person who shall assume responsibility for the
				  child if for some reason the parent or guardian cannot be reached immediately
				  in an emergency;
(5) The names,
				  addresses, and telephone numbers of persons authorized to take the child from
				  the facility; and
(6) Health
				  information concerning the child, including any allergies as required by
				  section 17-895.1-41.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 2 - ADMINISTRATION REQUIREMENTS › Section 17-895.1-16 - Disclosure of information on the child

Current through June, 2024
(a) Information
				  pertaining to an individual child or parents or guardians of the child shall no
				  be disclosed to persons other than the facility staff or the department, unless
				  the parents or guardians of the child grant written permission for the
				  disclosure or an emergency arises.
(b) The facility shall have release of
				  information forms available for parents or guardians to sign.
(c) The parents or guardians shall be
				  informed in writing of the facility's policy regarding disclosure of
				  information.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 895.1 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS › Subchapter 2 - ADMINISTRATION REQUIREMENTS › Section 17-895.1-17 - Information and records on facility

Current through June, 2024
(a) The facility
				  shall maintain, and make available to the department current records and
				  information including:
(1) Roster of enrolled
				  children;
(2) Daily attendance
				  records by names of children;
(3)
				  Daily plan for feeding the children;
(4) Daily schedule of activities;
				  and
(5) A list of staff members,
				  including each staff member's position or title, training, experiences and
				  health records;
(6) Written
				  permission from the parent to allow the child to have contact with pets or
				  other animals; and
(7) Log of
				  emergency preparedness drills practiced in accordance with section
				  17-895.1-71.