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 17-895.1-1 - Definitions

Current through June, 2024
For the purpose of this chapter:
"Acting director" means a person who assumes the
					 responsibilities of director of the child care facility in the absence of the
					 director.
"Acutely ill" means temperature above ninety-nine degrees
					 (axillary), one hundred degrees (oral), and one hundred and one degrees
					 (rectal) and other symptoms, such as vomiting, diarrhea, undiagnosed general
					 rash, contagious diseases, severe cough, or difficulty in breathing.
"Approved child development or early childhood training
					 courses" means child development or early childhood courses taken from
					 regionally accredited institutions of higher learning and other agencies or
					 organizations authorized by the department which are automatically accepted.
					 Other courses, workshops, or seminars may be approved by the department
					 provided the agency or organization is recognized by the department as having
					 child care expertise, has submitted a description of the course, workshop, or
					 seminar which fully describes the subject matter covered, the total hours of
					 training and name of the qualified trainer (see "qualified trainer").
"Background check" means a review of a person's background
					 information pursuant to chapter
					 801.
"Caregiver" means any individual who is responsible for the
					 physical well-being, health, safety, supervision, and guidance of children in
					 child care.
"Child" means any person who has not reached the age of
					 eighteen years.
"Child care" means those situations where a person or
					 organization has agreed to assume the responsibility for the child's
					 supervision, development, safety, and protection apart from the parent or
					 guardian for any part of a twenty-four hour day.
"Child care aide" or "aide" or "child care assistant" means
					 any person who helps the lead caregiver or caregiver with all aspects of the
					 planned program.
"Child care center" or "group child care center" means a
					 place maintained by any individual, organization, or agency for the purpose of
					 providing child care. The term child care center or group child care center
					 shall include child nurseries, nursery school groups, preschools, child play
					 groups, parent cooperatives, drop-in child care centers, group child care
					 homes, after or before school, holiday, and summer care for elementary school
					 age children, or other similar units operating under any name.
"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 development associate" or "CDA" means the credential
					 issued by the Council for Professional Recognition.
"Child with special needs" means a child with a condition
					 such as a physical, emotional, behavioral, or learning disability or impairment
					 that causes the child to require additional or specialized services or
					 accommodations.
"Compliance" means conformity in fulfilling the
					 requirements of this chapter.
"Council for Professional Recognition" means the
					 organization that administers the CDA credential.
"County building code" means the building code used by the
					 applicable counties.
"Demonstration project" means any place providing child
					 care which is operating with special approval of the department for exemptions
					 to specific licensing or registration rules.
"Director" or "principal" or "lead caregiver" or "operator"
					 means the person at the facility having responsibility for the administration
					 of a child care center and its program.
"Drop-in care" means child care where children are
					 permitted to arrive and leave at irregular, nonscheduled times during the
					 facility's operating hours.
"Drop-in child care center" means a facility which accepts
					 children for drop-in care.
"Emergency" means an unforeseen combination of
					 circumstances which calls for immediate action.
"Facility" means the premises of the address that is on the
					 application or license certificate for child care, or that are a part of a
					 place in which child care is provided, including enclosed areas, lanais, and
					 outdoor areas.
"Family child care home" or "family child care" or "FCC"
					 means any private residence at which care is provided at any given time to six
					 or fewer children, as defined in section
					 346-151, HRS.
"First aid kit" means materials and equipment in one
					 location in a suitable container for meeting medical emergencies. A first aid
					 kit shall be of the type approved by the American Red Cross, American Medical
					 Society, or the department of health.
"Form 14" means a printed form made available by the state
					 department of health or the state department of education to record a child's
					 immunizations and health record.
"Group child care home" or "GCH" means child care provided
					 by an individual in a facility that may be an extended or modified family child
					 care home which provides care to no more than twelve children during any part
					 of a twenty-four hour day. GCHs are licensed under the rules for group child
					 care centers.
"Group size" means the number of children assigned to
					 specific staff who occupy an individual classroom or defined physical space
					 within a larger area.
"Guardian" means a person other than a child's parents who
					 has legal authority over and responsibility for a child.
"Health care practitioner" means a physician who is
					 licensed to practice medicine or osteopathic medicine (M.D. or O.D.), a
					 physician assistant (PA), or an advanced practice registered nurse (APRN)
					 licensed to practice in any of the states or territories of the United States,
					 or a nurse practitioner (NP) licensed by the state of Hawaii.
"Ill" or "illness" is a subjective term which shall be
					 defined by each provider with regard to admitting or not admitting sick
					 children to child care.
"Infant" means a child who is six weeks to twelve months of
					 age.
"Lavatory" means a vessel or basin for washing which is in
					 conformity with plumbing codes in force in the state.
"Lead caregiver" or "teacher" or "teacher director" or
					 "lead teacher" means a person responsible for planning and implementing all or
					 part of the program activities, preparing program materials, and supervising
					 and training other staff.
"Liability insurance coverage" means a general casualty
					 insurance policy issued to insure against legal liability for injury resulting
					 from negligence to a child during the time the child is under the provider's
					 care.
"License" means a certificate of approval issued by the
					 state department of human services authorizing the operation of a child care
					 facility.
"Local sanitary codes" means the specific rules set up by a
					 county, the state department of health, or a comparable federal agency, which
					 govern aspects of health and safety.
"Minor deficiencies" means deficiencies which do not
					 involve risk to life, health, or safety of the children enrolled at the child
					 care center.
"Night care" means child care provided to children who stay
					 at night or overnight at a group child care center, group child care home, or
					 family child care home. Care shall not be provided for twenty-four consecutive
					 hours.
"Panic hardware" means a standard device on doors which
					 permits quick and safe exits upon emergencies (e.g. push bars and
					 plates).
"Person" means any individual with unsupervised access to
					 children in care, caregiver, adult household member, applicant, provider,
					 substitute, volunteer, new hire, rehire, temporary hire, or staff member in a
					 child care facility or exempt child care facility.
"Policy" means a principal plan for the management of a
					 child care facility.
"Primary caregiver" means the individual in the infant and
					 toddler child care center to whom the care of a specific child and family is
					 assigned. Primary care is defined as direct care, verbal and physical
					 interactions, primary responses to infant's or toddler's physical and emotional
					 needs while in the center, and continued interaction with parents regarding the
					 infant's or toddler's experiences.
"Provider" means any individual eighteen years or older,
					 caregiver, facility, agency or organization, exempt care providers, and adult
					 employees, who provide direct child care to children in the absence of the
					 child's caretaker.
"Provisional license" or "temporary permit" means a
					 temporary license issued at the discretion of the department up to a period of
					 six months to any child care facility which is unable to conform to all the
					 rules at the time the license is issued.
"Qualified nutrition consultant" means a dietitian or
					 nutritionist who meets the advanced educational requirements for membership in
					 the American Dietetic Association and is eligible for registration; or one who
					 has a master's degree in public health nutrition or nutritional
					 sciences.
"Qualified trainer" means a person who has twelve credits
					 in early childhood or child development or related fields such as human
					 development, psychology, social work, or nursing and a combined total of three
					 years of experience in training adults who work with children or has six
					 credits in early childhood or child development or related fields such as human
					 development, psychology, social work, or nursing, and a combined total of five
					 years of experience in training adults who work with children.
"Recalled" means any type of remedial action taken by a
					 business for a corrective action plan agreed upon by the United States consumer
					 product safety commission to address unsafe or potentially unsafe products to
					 protect consumers, including the return of a product to the manufacturer or
					 retailer for a cash refund or a replacement product, the repair of a product,
					 or public notice of the hazard.
"Regionally accredited college or university" means any
					 college or university that is recognized by the following regional accrediting
					 organizations:
(1) Middle State
				  Associations of Colleges & Schools-Commission on Higher
				  Education;
(2) Northwest Commission
				  on Colleges & Universities;
(3)
				  North Central Association of Colleges and Schools-the Higher Learning
				  Commissions
(4) New England
				  Association of Schools and Colleges-New England Commission of Higher
				  Education;
(5) Southern Association
				  of Colleges and Schools Commission on Colleges; or
(6) Western Association of Schools and
				  Colleges-Accrediting Commission for Community and Junior Colleges or Western
				  Association of Schools and Colleges-Senior College and University Commission.
"Regular license" means a certificate of approval issued by
					 the state department of human services to any child care facility which
					 conforms to all the rules at the time the license is issued.
"Regularly" means the typical or normal pattern of the
					 child care center, group child care home, or family child care home, or a
					 practice or schedule that is routine and uniform and is not subject to
					 unexplained or irrational variations.
"Rules" means the rules developed by the department of
					 human services to set minimum standards of care and safety for the protection
					 of children in care.
"Single service utensils" means the supplies or equipment
					 used once to serve food (e.g. paper plates, cups, disposable forks).
"Staff member" means administrative, child care, office,
					 maintenance, employees, and other support personnel who are employed by the
					 child care facility, including volunteers and substitutes.
"State advisory committee on child care services" means a
					 group of people appointed by the department of human services to advise the
					 department on matters regarding child care, including child care rules.
"Substitute" means a person who serves as a replacement
					 staff person for no more than ten consecutive working days in the same position
					 when the regular staff person is absent on an emergency or unplanned
					 basis.
"Supervision" means to be within sight and hearing distance
					 of the children to insure their safety and protection.
"Temporary hire" means a person who serves as a replacement
					 when the regular staff person is absent on a planned basis.
"Temporary permit" means the same as provisional
					 license.
"Toddler" means a child who is twelve to thirty-six months
					 of age.
"USDA child care food program" means the food standards
					 established by the United States Department of Agriculture.
"Volunteer" means a person working or offering services to
					 a child care facility without remuneration, except for reimbursable personal
					 expenses allowed by the facility.