reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 123 - NAMES OF NATURAL PARENTS ON BIRTH CERTIFICATE OF ADOPTED PERSON › Section 11-123-4 - Application requirements

Current through June, 2024
The applicants shall provide the following:
(1) A certified copy of an adoption decree or
				certificate of adoption;
(2) An
				affidavit signed by the adoptive parents requesting that the names of the
				natural parents be shown on the supplementary birth certificate;
(3) An affidavit signed by the natural
				parents of the adopted person consenting to showing the affiants' name on the
				supplementary birth certificate;
(4) An order from a court of record
				authorizing the department of health to open the sealed file containing the
				original birth certificate of the adopted person, if such records have been
				sealed; and,
(5) Documents
				establishing the natural parents if the names of the alleged natural parents,
				who have consented to having their names entered on the supplementary birth
				certificate, differ from the names
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS › Section 11-140-1 - Purpose and scope

Current through June, 2024
(a) The purpose of
				this chapter is to establish the required components of the statewide,
				coordinated, multidisciplinary, and interagency System of early Intervention
				Services that meet the needs of infants and toddlers with special needs. The
				program components include Surrogate parent provisions, eligibility criteria,
				eligibility determination, individual family support plan, transition to
				preschool and other programs, procedural safeguards, mediation, administrative
				complaint procedures, and due process hearing procedures.
(b) The department shall be the lead agency
				for the coordination of federal and State funding of the program. Federal
				funding is provided pursuant to the Individuals with Disabilities Education
				Act, Infants and Toddlers with Disabilities (Part C) ,
				P.L.
				108-446, sections 631-644;
				20 United States Code sections
				1431 to
				1444;
				and the implementing regulations, 34 C.F.R. part 303.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS › Section 11-140-3 - Surrogate parent

Current through June, 2024
(a) A designee of
				the department, in consultation with the department that has been assigned care
				of the child, shall assign an individual to act as a Surrogate for the parent
				to ensure that the rights of eligible children are protected when it is
				determined that:
(1) No parent can be
				identified;
(2) The department,
				after reasonable efforts, cannot locate a parent; or
(3) The child is a ward of the
				State.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS › Section 11-140-4 - Eligibility criteria

Current through June, 2024
(a) A child under
				the age of three years with delayed development or at biological risk as set
				forth in this section shall be eligible for early Intervention
				Services.
(b) A child has delayed
				development when a significant delay is identified in one or more of the
				following areas of development: Cognition, speech, language, physical, motor,
				vision, hearing, psychosocial, or self-help skills, using a standardized
				evaluation instrument specified by the department. A delay is significant when:
(1) The child' s aggregate score derived upon
				completion of the evaluation instrument is at least 1.4 Standard deviations
				below the mean for the instrument in any area or sub-area of
				development;
(2) The child' s
				aggregate score derived upon completion of the evaluation instrument is at
				least 1.0 Standard deviations below the mean for the instrument in two or more
				areas or sub-areas of development; or
(3) The multidisciplinary team, based on its
				observations and informed clinical opinion, determines that the child' s score
				cannot be measured by the evaluation instrument.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS › Section 11-140-5 - Eligibility determination

Current through June, 2024
(a) The
				multidisciplinary team shall determine whether the child is eligible for early
				Intervention Services due to delayed development or biological risk, consistent
				with section
				11-140-4.
(b) Written parental consent, consistent with
				section
				11-140-8(d),
				shall be obtained by the case manager before conducting the initial evaluation
				of a child referred to determine eligibility.
(c) Any child who may be eligible for early
				Intervention Services due to delayed development or is eligible due to
				biological risk, consistent with sections
				11-140-4(b) and
				(c), shall receive a timely, comprehensive, multidisciplinary evaluation by a
				department approved multidisciplinary team, using a standardized evaluation
				instrument specified by the department.
(d) The evaluation shall consist of the
				following components:
(1) Administering an
				evaluation instrument;
(2)
				Identifying the child' s level of functioning in each of the child' s
				developmental areas identified in section
				11-140-4(b);
(3) Taking the child' s history, including
				interviewing the parent;
(4)
				Gathering Information from other sources such as family members, other
				caregivers, medical Providers, social workers, and educators, if necessary, to
				understand the full scope of the child' s unique strengths and needs;
				and
(5) Reviewing medical,
				educational, or other records.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS › Section 11-140-7 - Transition to preschool and other programs

Current through June, 2024
(a) The department
				shall support the smooth transition of children under age three and their
				families from receiving early Intervention Services to:
(1) Preschool or other appropriate Services
				for children age three with delayed development (such as Head Start
				Programs);
(2) Other appropriate
				Services; or
(3) Exiting the
				program.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS › Section 11-140-8 - Procedural safeguards

Current through June, 2024
(a) The department
				shall ensure the effective Implementation of procedural safeguards by each
				early Intervention Provider that is involved in the provision of early
				Intervention Services.
(b)
				Procedural safeguards shall be developed and implemented to protect the
				confidentiality of children referred or eligible or both for early Intervention
				Services and their families from the time the child is referred for early
				Intervention Services until the later of when the early Intervention provider
				is no longer required to maintain or no longer maintains that Information under
				applicable federal and State laws.
(c) The department and all participants
				providing early Intervention Services shall ensure the protection of the
				confidentiality of any personally identifiable data, Information, and records
				collected or maintained by the department or the early Intervention provider in
				accordance with the Protections under FERPA and the Part C confidentiality
				procedures. Families shall receive notice that is adequate to fully inform them
				about these requirements.
(d) The
				department shall obtain the family' s written consent prior to the exchange of
				Information among agencies. Effective written consent requires that:
(1) The parent has been fully informed of all
				Information relevant to the activity for which consent is sought, in the
				family' s native language, or other mode unless it is clearly not feasible to
				do so;
(2) The parent understands
				and agrees in writing to the activity for which the parent' s consent is
				sought, and the consent form describes that activity and lists the early
				Intervention records (if any) that will be released and to whom they will be
				released; and
(3) The parent
				understands that the granting of consent is voluntary on the part of the parent
				and may be revoked at any time.
If a parent revokes consent, the revocation is not
				  retroactive, meaning that it does not apply to an action that occurred before
				  the consent was revoked.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS › Section 11-140-9 - Mediation

Current through June, 2024
(a) Mediation is available to allow parties
				to resolve disputes regarding eligibility, evaluation, placement, or provision
				of early Intervention Services prior to the filing of an administrative
				complaint or due process hearing request.
(b) A parent seeking mediation shall submit
				the mediation request in writing to the department and shall identify any
				area(s) of concern and the facts relating to the concern(s).
(c) The department shall provide a mediation
				process that is:
(1) Voluntary on the part of
				the parties;
(2) Not used to deny
				or delay a parent's right to a due process hearing or to deny any other rights
				afforded to the parent; and
(3)
				Conducted by a qualified and impartial mediator who is trained in effective
				mediation techniques.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS › Section 11-140-10 - Administrative complaint procedures

Current through June, 2024
(a) The
				administrative complaint resolution process may be used when any individual or
				Organization, including an individual or Organization from another State,
				believes that the department or an early Intervention provider has violated a
				requirement under Part C of the Act.
(b) The department shall widely disseminate
				its complaint procedures to parents and other interested individuals, parent
				training centers, protection and advocacy agencies, and other appropriate
				entities.
(c) The individual or
				Organization making a complaint shall submit a written signed complaint to the
				department and it shall include:
(1) A
				Statement that the department or early Intervention provider has violated a
				requirement under Part C of the Act or its regulations;
(2) The facts on which the complaint is
				based;
(3) The signature and
				contact Information for the complainant; and
(4) If alleging violations with respect to a
				specific child,
(A) The name and address of
				residence of the child;
(B) The
				name of the early Intervention provider serving the child;
(C) A description of the nature of the
				problem of the child, including facts related to the problem; and
(D) A proposed resolution of the problem to
				the extent known and available to the party at the time the complaint is
				filed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS › Section 11-140-11 - Due process hearing procedures

Current through June, 2024
(a) A due process
				hearing is available for the timely resolution of an individual child complaint
				by parents regarding the identification, evaluation, or placement of a child,
				or the Provision of early Intervention Services to the child with delayed
				development or at biological risk and that child' s family.
(b) A parent seeking a due process hearing
				shall submit the due process hearing request in writing to the department and
				it shall include:
(1) The name of the
				child;
(2) The address of the
				residence of the child;
(3) The
				name of the early Intervention provider serving the child;
(4) A description of the nature of the
				problem of the child relating to the proposed or refused initiation or change,
				including facts relating to the problem; and
(5) A proposed resolution of the problem to
				the extent known and available at the time.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS › Section 11-140-100 - Severability

Current through June, 2024
If any provision of this chapter or the application thereof
				  to any person or circumstance is held invalid, the invalidity does not affect
				  other provisions or applications of this chapter that can be given effect
				  without the invalid Provision or application, and to this end the provisions of
				  this chapter are severable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish requirements to
				  assure the testing for and detection of specified metabolic and other diseases
				  in all infants born in the State in order to permit the institution of
				  effective treatment for affected infants.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-2 - Applicability

Current through June, 2024
This chapter applies to all infants born in the State of
				  Hawaii, to all physicians caring for newborn infants, to all persons assisting
				  the birth of a child not attended by a physician, to all licensed laboratories
				  and perinatal health care facilities in the State, and to the designated
				  laboratory performing newborn screening tests.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-4 - Diseases required to be screened

Current through June, 2024
All infants born in the State shall be satisfactorily tested
				  for amino acid disorders, biotinidase deficiency, congenital adrenal
				  hyperplasia, congenital hypothyroidism, cystic fibrosis, fatty acid oxidation
				  disorders, galactosemia, hemoglobinopathies, maple syrup urine disease, organic
				  acid disorders, phenylketonuria, severe combined immunodeficiency, and urea
				  cycle disorders as described in this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-4.5 - Fees and special fund

Current through June, 2024
(a) The department
				shall collect a fee of $99 for each initial newborn screening kit. The
				department shall deposit the revenues into the newborn metabolic screening
				special fund.
(b) Kits requested
				for testing shall be prepaid by the hospital, laboratory, or birth attendant in
				the amount specified by the department.
(c) No infant born in Hawaii shall be denied
				newborn screening testing because of inability of the infant's parent or
				guardian to pay the fee for newborn screening testing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-5 - Hospital, birth attendant, and physician responsibilities

Current through June, 2024
(a) The newborn's attending physician or
				birth attendant and the hospital administrator shall be jointly responsible for
				assuring that each infant born or transferred to their care is satisfactorily
				tested as specified in section
				11-143-4.
(b) Each hospital shall have written policies
				and procedures concerning the required testing of newborns for designated
				metabolic and other diseases.
(c)
				All newborns shall have a newborn screening specimen drawn before discharge
				from the hospital, or by three days of age, whichever comes first, and sent to
				the designated laboratory, except as provided for in subsection (e).
(d) The newborn shall not be discharged until
				the medical record is checked to assure that the newborn screening specimen has
				been collected.
(e) For newborns
				transferred from one hospital to another, the originating hospital shall assure
				that the newborn screening specimen is drawn. If the newborn is too premature
				or too sick to have a specimen drawn prior to transfer and a specimen is not
				obtained, the originating hospital shall be responsible for clearly documenting
				this, notifying the hospital to which the newborn is being transferred that a
				specimen has not been obtained, and reporting to the department as described in
				subsection (g).
(f) The hospital
				shall keep record summaries of infants born or transferred by month of birth,
				as to whether the newborn screening tests were done, the tests results, and
				actions taken based on test results or missing results. These summaries shall
				be compiled monthly and sent to the department not later than thirty days after
				the end of the month.
(g) Not later
				than forty-eight hours after transfer, discharge, or death, the hospital shall
				report to the department, on a form provided by the department:
(1) The name of the newborn;
(2) The parents' or guardians' names,
				address, and phone number; and
(3)
				The physician's name; for those newborns not tested prior to death, transfer or
				discharge from the hospital.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-6 - Specimen collection

Current through June, 2024
(a) All personnel
				responsible for collecting newborn screening specimens shall have read and
				become familiar with the department's Newborn Screening Practitioner's Manual
				or have participated in a training program, or both.
(b) Personnel collecting newborn screening
				specimens shall record the procedure and the fact that the newborn screening
				specimen has been collected in the infant's medical record.
(c) Specimen collection forms purchased from
				the department shall be used for all newborn screening specimens.
(d) All information requested on the specimen
				collection form shall be provided by personnel responsible for newborn
				screening specimen collection.
(e)
				For initial newborn screening tests, blood shall be taken from the newborn's
				heel and placed on the approved collection form.
(f) Specimen collection procedures shall
				follow the Clinical and Laboratory Standards Institute, "Blood Collection on
				Filter Paper for Newborn Screening Programs; Approved Standard - Sixth
				Edition."
(g) If a newborn is to be
				discharged prior to twenty-four hours of age, a newborn screening specimen
				shall be collected as close to discharge as possible, regardless of age and
				feeding history. If the initial newborn screening specimen is obtained before
				twenty-four hours of age, then a repeat specimen shall be obtained before
				fourteen days of age. Any new American Academy of Pediatrics newborn screening
				recommendations for specimens obtained before twenty-four hours of age shall
				supersede these recommendations.
(h) Newborns who require a blood transfusion
				or dialysis shall have a specimen collected prior to transfusion or dialysis.
				If a newborn screening specimen cannot be obtained before transfusion or
				dialysis, the physician shall ensure that a repeat specimen is obtained at the
				appropriate time when the specimen will reflect the infant's own metabolic
				processes and phenotype.
(i) All
				newborn screening specimens shall be sent by the appropriate person or entity
				in section
				11-143-2 to the designated
				laboratory within twenty-four hours of collection, except when mailing service
				is not available. When mailing service is not available on weekends and
				holidays, newborn screening specimens shall be sent to the designated
				laboratory on the first available mail pick-up day.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-7 - Parental notification and refusal

Current through June, 2024
(a) The department
				of health shall make copies of the parent information brochure available to
				parents, guardians, other persons having custody or control of the child,
				hospitals, physicians, birth attendants, birth registrars, nurses, and
				childbirth educators.
(b) The
				parent, guardian, or other person having custody or control of the child shall
				be notified by the department of the need for repeat or confirmatory testing
				when the department is not able to obtain follow-up information from the
				physician.
(c) The parent,
				guardian, or other person having custody or control of the child may refuse the
				newborn screening tests for their infant on the grounds that the newborn
				screening tests conflict with the religious tenets and beliefs of the parent,
				guardian, or other person having custody or control of the child. The medical
				implications of that refusal shall be included on a special refusal form
				provided by the department. The refusal form shall be signed by the parent,
				guardian, or other person having custody or control of the child.
(d) A copy of the refusal form shall be
				retained in the newborn's medical record and a copy shall be sent to the
				department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-8 - Home and non-institutional births

Current through June, 2024
(a) For births
				occurring outside of a hospital, the birth attendant shall be responsible for
				assuring that an acceptable specimen is properly collected for testing as
				provided in section
				11-143-6.
(b) For unattended, home, and
				non-institutional births, the department's birth registrar shall give the
				person registering the birth of the child a copy of the parent information
				brochure on newborn screening for metabolic and other diseases.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-11 - Penalty

Current through June, 2024
The penalty for noncompliance with this chapter shall include
				  an administrative fine as specified in section
				  321-20,
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-12 - Confidentiality

Current through June, 2024
All information, including records, correspondence, and
				  documents, specific to individual newborns, shall be confidential and shall be
				  used solely for the purposes of medical intervention, counseling, scientific
				  research, or reporting. The infant's name shall be kept
				  confidential.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-13 - Retention of records and related data

Current through June, 2024
All information, including records, correspondence,
				  documents, and related data, specific to individual newborns, shall be retained
				  as specified in section
				  622-58,
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 143 - TESTING OF NEWBORN INFANTS FOR METABOLIC AND OTHER DISEASES › Section 11-143-100 - Severability

Current through June, 2024
If any provision of this chapter, or the application thereof
				  to any person or circumstance is held invalid, the invalidity does not affect
				  other provisions or applications of this chapter that can be given effect
				  without the invalid provision or application, and to this and the provisions of
				  this chapter are severable."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 147 - HEALTH SERVICES TO EXCEPTIONAL CHILDREN UNDER P.L. NO. 94-142 › Section 11-147-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish rules
				  governing:
(1) The provision of mental
				health services, occupational therapy, physical therapy, audiological and
				medical services for diagnostic or evaluation purposes, and school health
				services to exceptional children who are handicapped and found eligible to
				receive a free appropriate public education pursuant to the Education for All
				Handicapped Children Act of 1975, P.L. No. 94-142,
				20
				U.S.C. §1401
et
				seq
., by the department of education; and
(2) The provision of mental health and,
				audiological and medical services for diagnostic or evaluation purposes to
				children suspected of being handicapped. It is intended that the provisions of
				this chapter be implemented in conjunction with the rules of the department of
				education relating to the provision of a free appropriate public education for
				exceptional children who are handicapped.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 147 - HEALTH SERVICES TO EXCEPTIONAL CHILDREN UNDER P.L. NO. 94-142 › Section 11-147-3 - Occupational therapy and physical therapy services

Current through June, 2024
(a) An
				occupational therapist or physical therapist shall respond to a request for
				evaluation from a district by:
(1)
				Determining whether the child requires occupational or physical therapy to
				benefit from special education, and identifying those needs;
(2) Submitting a written report to the
				multi-disciplinary evaluation team outlining the child's identified need for
				occupational or physical therapy services; and
(3) Participating as a multi-disciplinary
				evaluation team member in meetings convened by the district for the purpose of
				completing such evaluation,
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 147 - HEALTH SERVICES TO EXCEPTIONAL CHILDREN UNDER P.L. NO. 94-142 › Section 11-147-4 - School health services

Current through June, 2024
(a) School health
				services which are available to regular education students should be available
				to handicapped students, provided that the limitations as to the amount of time
				spent by the school nurse and the number of school visits made daily by the
				school nurse specified in section 11-146-6(c) shall not apply to handicapped
				students. In addition, the school nurse shall prepare a nursing evaluation for
				a particular handicapped child when the child is referred to the school nurse
				by a district.
(b) In preparing the
				nursing evaluation, the school nurse shall assess the health of the handicapped
				child, identify the kinds of school health services which the handicapped child
				requires to meet the child's unique needs, and develop, coordinate or provide
				those school health services which are required to allow the child to benefit
				from special education. The school nurse shall obtain and review any and all
				information, including the written results of a physical examination from the
				student's physician and family, in preparing the nursing evaluation.
(c) The school nurse shall furnish a copy of
				a student's nursing evaluation to the school and attend, or designate a person
				familiar with the student's school health services needs to attend, all
				meetings in which school health services may be considered for inclusion as a
				related service in the student's IEP.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 147 - HEALTH SERVICES TO EXCEPTIONAL CHILDREN UNDER P.L. NO. 94-142 › Section 11-147-5 - Non-psychiatric medical services

Current through June, 2024
(a) Medical
				services for diagnostic or evaluation purposes other than for psychiatric
				evaluations shall be provided by the department:
(1) When the department of education has not
				been able to obtain a written report of a current medical examination for a
				handicapped child or a child suspected of being a handicapped child;
				or
(2) When the physician of a
				handicapped child or a child suspected of being a handicapped child recommends
				that another medical evaluation or diagnosis be made.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 147 - HEALTH SERVICES TO EXCEPTIONAL CHILDREN UNDER P.L. NO. 94-142 › Section 11-147-6 - Mental health services-clinical evaluation of mental health status

Current through June, 2024
(a) A student referred by the district for
				clinical evaluation of mental health status shall be evaluated by the mental
				health division children's staff. A written report documenting the evaluation
				shall be prepared and submitted to the district. It shall include diagnostic
				and prognostic impressions of the student which are based upon clinical
				observations of the child, a review of the child's medical, psychological, or
				psychiatric history and records, and interviews with the child and any other
				persons able to furnish relevant information. It shall also contain
				descriptions of the student's mental health needs and recommendations for
				meeting those identified needs. Evaluations will not specify a particular
				educational disability category, nor include recommendations for placement in a
				specific site.
(b) A member of the
				mental health division children's staff who was involved in evaluating a
				particular student shall participate as a member of the department of education
				multi-disciplinary evaluation team in all meetings relating to the evaluation
				and recommendation(s) for services for that student.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 147 - HEALTH SERVICES TO EXCEPTIONAL CHILDREN UNDER P.L. NO. 94-142 › Section 11-147-8 - Audiological services

Current through June, 2024
(a) The department
				shall provide audiological services for diagnostic or evaluation purposes in
				order to determine whether a child is handicapped and therefore eligible to
				receive special education and related services pursuant to P.L. 94 -142, or to
				contribute to the formulation of an appropriate educational program and
				placement for an eligible handicapped child.
(b) The audiologist assigned to evaluate a
				student shall submit a written report to the multi-disciplinary evaluation team
				identifying any auditory or hearing disorder discovered, outlining the extent
				of each disorder, and recommending services appropriate for dealing with each
				disorder so as to allow the child to benefit from special education.
				Audiological evaluations will not specify a particular educational disability
				nor include any placement recommendations at a specific site.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 147 - HEALTH SERVICES TO EXCEPTIONAL CHILDREN UNDER P.L. NO. 94-142 › Section 11-147-9 - Parent counseling and training

Current through June, 2024
Counseling or training shall be provided to parents or
				  persons with whom a handicapped child lives, whenever the child requires
				  physical therapy, occupational therapy, or mental health treatment services,
				  and it appears that counseling or training would assist the parents or persons
				  with whom the child lives to understand the special needs of the child and
				  further the child's attainment of the therapy or treatment goals and objectives
				  specified in the child's IEP.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 147 - HEALTH SERVICES TO EXCEPTIONAL CHILDREN UNDER P.L. NO. 94-142 › Section 11-147-10 - Impartial hearing

Current through June, 2024
A parent, the department of education or the department may
				  request an impartial hearing on any matter relating to the provision of mental
				  health services, occupational therapy, physical therapy, audiological and
				  medical services for diagnostic or evaluation purposes, or school health
				  services, pursuant to the rules of the department of education relating to the
				  provision of a free appropriate public education for exceptional children who
				  are handicapped. All requests shall be made to and processed by the department
				  of education in accordance with the procedures for such hearings outlined in
				  the rules of the department of education.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 147 - HEALTH SERVICES TO EXCEPTIONAL CHILDREN UNDER P.L. NO. 94-142 › Section 11-147-11 - Confidentiality of information

Current through June, 2024
The provisions for ensuring the confidentiality of
				  educational records and matters relating to the provision of a free appropriate
				  public education for exceptional children who are handicapped which are
				  contained in the rules of the department of education shall apply to any
				  actions undertaken by the department and any information secured or prepared
				  pursuant to the provisions of this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 147 - HEALTH SERVICES TO EXCEPTIONAL CHILDREN UNDER P.L. NO. 94-142 › Section 11-147-12 - Services limited by available funding

Current through June, 2024
The department shall be required to provide the related
				  services of occupational and physical therapy services, school health services,
				  non-psychiatric medical services, clinical evaluation of mental health status,
				  mental health treatment services, audiological services, and parent counseling
				  and training, as described and defined in this chapter, to handicapped children
				  only so long as sufficient appropriations by the State legislature for such
				  purposes are available to, and have not been exhausted by the
				  department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148 - CERTIFICATION OF ADULT FOSTER HOMES (REPEALED) › Subchapter 3 - ADMINISTRATION OF THE ADULT FOSTER HOME (REPEALED) › Section 11-148-13 - Eligibility of individuals to be cared for (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148 - CERTIFICATION OF ADULT FOSTER HOMES (REPEALED) › Subchapter 3 - ADMINISTRATION OF THE ADULT FOSTER HOME (REPEALED) › Section 11-148-14 - Guardianship of individuals to be cared for (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148 - CERTIFICATION OF ADULT FOSTER HOMES (REPEALED) › Subchapter 3 - ADMINISTRATION OF THE ADULT FOSTER HOME (REPEALED) › Section 11-148-15 - Number of individuals to be cared for (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148 - CERTIFICATION OF ADULT FOSTER HOMES (REPEALED) › Subchapter 5 - FOSTER FAMILY AND HOME ENVIRONMENT (REPEALED) › Section 11-148-40 - Absence from the home in emergencies (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-3 - Certification required

Current through June, 2024
An adult foster home shall have a valid certificate of
					 approval or provisional certificate in order to care for adults with I/DD. No
					 person may operate an adult foster home unless certified by the department.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-4 - Application and documentation for certified caregiver applicant

Current through June, 2024
(a) A certified caregiver applicant shall
				  submit a written application on forms prescribed by the certifying
				  agency.
(b) An application is not
				  complete until the certifying agency receives a written application which
				  contains all information and supporting documentation required by this
				  chapter.
(c) Applicants may mail
				  applications and supporting documentation to the certifying agency.
(d) Incomplete applications will not be
				  processed and will be considered closed by the certifying agency after ninety
				  calendar days.
(e) The application
				  shall include:
(1) A list of all persons who
				  reside in the home;
(2) An
				  application and any supporting documentation for each substitute caregiver that
				  will provide care in the home, as outlined in section 11-148.1-5, if
				  applicable;
(3) A physician's
				  statement regarding the applicant's ability to provide care to adults with
				  I/DD;
(4) A current and accurate
				  floor plan of the applicant's home that has been approved by the respective
				  county building department;
(5) A
				  fire evacuation plan for the applicant's home that includes the location of
				  exits, planned evacuation routes, fire extinguishers, smoke alarms, and
				  wheelchair ramps, if applicable;
(6) A signed consent form and all applicable
				  processing fees for each person undergoing a background check so that the
				  department or its designee can conduct a background check in accordance with
				  section 11-148.1-44, which includes fingerprinting and employment
				  history;
(7) Three personal
				  references;
(8) Verification of a
				  current tuberculosis clearance for the applicant and all household members,
				  including children, in accordance with current department of health examination
				  procedures and regulations, chapter
				  11-164.2, Hawaii Administrative Rules
				  (HAR);
(9) Verification of the
				  applicant's current certification in first aid and cardiopulmonary
				  resuscitation;
(10) Verification of
				  the applicant's license to practice as a registered nurse or licensed practical
				  nurse; or certification to practice as a certified nurses aid, if applicable;
				  and
(11) Any other requirements in
				  accordance with departmental policy.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-5 - Application and documentation for substitute caregiver applicant

Current through June, 2024
(a) A substitute caregiver applicant shall
				  submit a written application on forms prescribed by the certifying
				  agency.
(b) An application is not
				  complete until the certifying agency receives a written application which
				  contains all information and supporting documentation required by this
				  chapter.
(c) Applicants may mail
				  applications and supporting documents to the certifying agency; and
(d) Incomplete applications will not be
				  processed by the certifying agency.
(e) The application shall include:
(1) A physician's statement regarding the
				  applicant's ability to provide care to adults with I/DD;
(2) A signed consent form and all applicable
				  processing fees so that the department or its designee can conduct a background
				  check in accordance with section 11-148.1-44, which includes fingerprinting and
				  employment history;
(3)
				  Verification of the applicant's current tuberculosis clearance, in accordance
				  with current department of health examination procedures and regulations,
				  chapter 11164.2, HAR;
(4)
				  Verification of the applicant's current certification in first aid and
				  cardiopulmonary resuscitation;
(5)
				  Verification of the applicant's license to practice as a registered nurse or
				  licensed practical nurse; or certification to practice as a certified nurses
				  aid, if applicable; and
(6) Any
				  other requirements in accordance with departmental policy.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-6 - Home study process

Current through June, 2024
(a) After receiving
				  a completed application for a certificate of approval, the certifying agency
				  shall review the information submitted and inspect the home to determine its
				  compliance with this chapter.
(b)
				  The certifying agency shall inform the applicant in writing of any areas of
				  noncompliance. If the certifying agency finds any areas of noncompliance, the
				  certifying agency shall give the applicant time to correct the deficiencies
				  that shall not exceed sixty calendar days from the date of the written
				  notice.
(c) An applicant and the
				  home must be in compliance with this chapter before the certifying agency may
				  issue a certificate of approval.
(d) If the applicant fails to correct all
				  deficiencies in the time frame specified by the certifying agency, the
				  certifying agency shall deny the application pursuant to section 11-148.1-12
				  and inform the applicant in writing.
(e) A record of the home study findings shall
				  be kept on file with the certifying agency.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-7 - Liability insurance

Current through June, 2024
(a) Any person who
				  operates an adult foster home shall obtain and maintain the following types of
				  insurance:
(1) Liability insurance with
				  respect to the operation of the home which meets the requirements of this
				  chapter; and
(2) Automobile
				  liability insurance, including bodily injury liability coverage for vehicles
				  used to transport adults with I/DD which meets the requirements of this
				  chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-8 - Coverage amounts

Current through June, 2024
(a) All operators
				  of adult foster homes shall obtain and maintain:
(1) Liability insurance with respect to their
				  operation of the homes in the amount of $1,000,000 for each occurrence, and
				  $2,000,000 in the aggregate; and
(2) Automobile liability insurance, including
				  bodily injury liability coverage for vehicles used to transport adults with
				  I/DD in with at least $100,000 per occurrence, and $300,000 in the
				  aggregate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-9 - Proof of insurance

Current through June, 2024
(a) All operators
				  of adult foster homes shall provide the department with a copy of a certificate
				  of insurance for the home and for vehicles used to transport adults with I/DD
				  which indicates that the home has obtained and maintained liability insurance
				  which meets the requirements of this chapter on an annual basis.
(b) Should the liability insurance coverages
				  be cancelled, limited in scope, or not renewed upon expiration while the adult
				  foster home continues to operate, the operator shall immediately procure
				  replacement insurance that meets the requirements of this chapter and shall
				  promptly provide the department with an updated certificate of
				  insurance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-10 - Issuance of certificate of approval

Current through June, 2024
(a) The certifying
				  agency may issue a certificate of approval after determining that the applicant
				  and the home have met the requirements of this chapter.
(b) The certificate of approval shall
				  specify:
(1) The name and address of the
				  certified caregiver to whom the certificate of approval is issued;
(2) The number of adults with I/DD that may
				  live in the home; and
(3) The
				  period for which the certificate is effective.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-11 - Renewal of certificate of approval

Current through June, 2024
(a) A certificate
				  of approval may be renewed if the certified caregiver:
(1) Submits to the certifying agency a
				  renewal application on a form and in a manner prescribed by the certifying
				  agency ninety days prior to the expiration of the certificate of
				  approval;
(2) Submits a signed
				  consent form and all applicable fees for each person undergoing a background
				  check so that the department or its designee can conduct a background check in
				  accordance with section 11-148.1-44;
(3) Submits verification of a current
				  tuberculosis clearance for the certified caregiver, substitute caregivers, and
				  all household members, including children, in accordance with current
				  department of health examination procedures and regulations, chapter §
				  11-164.2, HAR;
(4) Submits proof of
				  liability insurance for the home and for vehicles used to transport adults with
				  I/DD which continue to meet the requirements of this chapter and section
				  321-11.8,
				  HRS; and
(5) Continues to meet all
				  the requirements of this chapter and section
				  321-11.2,
				  HRS;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 2 - CERTIFICATION REQUIREMENTS › Section 11-148.1-12 - Provisional certificate

Current through June, 2024
(a) The certifying
				  agency may issue a provisional certificate to a certified caregiver if the
				  certified caregiver is unable to correct deficiencies in the foster home
				  according to an accepted plan of correction, and additional time is needed to
				  complete the corrections.
(b) An
				  initial provisional certificate shall not exceed sixty calendar days. The
				  certifying agency may issue an additional provisional certificate at its
				  discretion for no more than an additional thirty calendar days. The certifying
				  agency shall not issue more than one additional provisional certificate to a
				  certified caregiver.