Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES › Subchapter 1 - GENERAL PROVISIONS › Section 11-148.1-2 - Definitions

Current through June, 2024
As used in this chapter:
"Adult foster home" shall have the same meaning as defined
					 in section
					 321-11.2,
					 Hawaii Revised Statutes (HRS).
"Adult with intellectual or developmental disabilities" or
					 "adult with I/DD" means any adult with intellectual or developmental
					 disabilities, age eighteen years or older, who is not related to the certified
					 caregiver and has been deemed eligible for services by the division.
"Adult residential care home" shall have the same meaning
					 as defined in section
					 321-15.1, HRS.
"Applicant" means any person age twenty-one years or older
					 who applies for a certificate of approval.
"Background check" shall have the same meaning as defined
					 in section
					 321-15.2,
					 HRS.
"Boarding house" means a private home or commercial
					 facility that provides food and lodging for paying residents. Boarding house
					 recipients are not cared for as a family member and typically do not share in
					 the activities and responsibilities of the operator's family.
"Case management branch" means the department of health,
					 developmental disabilities division, case management branch.
"Certificate of approval" means a certificate issued by the
					 department's certifying agency authorizing the certified caregiver to operate
					 an adult foster home.
"Certified caregiver" shall have the same meaning as
					 defined in section
					 321-11.2,
					 HRS.
"Certifying agency" means the department of health,
					 developmental disabilities division, certification unit which has the
					 responsibility and authority to establish and enforce standards of condition,
					 management and competence, and to issue certificates as described in this
					 chapter.
"Department" means the department of health.
"Developmental disabilities" shall have the same meaning as
					 defined in section
					 333F-1, HRS.
"Director" means the director of health.
"Division" means the department of health, developmental
					 disabilities division.
"Dual certification" means an existing licensed child
					 foster home under section
					 346-17,
					 HRS, who applies for and receives a certificate to operate an adult foster home
					 that is certified specifically for the child with intellectual or developmental
					 disabilities who reaches the age of eighteen years.
"Household member" means all individuals residing in the
					 adult foster home, including the certified caregiver(s).
"Individualized service plan" shall have the same meaning
					 as defined in section
					 333F-1, HRS.
"Intellectual disability" shall have the same meaning as
					 defined in section
					 333F-1, HRS.
"Potable water" means water which conforms to the Safe
					 Drinking Water Act standards set forth by the United States Environmental
					 Protection Agency (EPA) and the State of Hawaii.
"Provisional certificate" means a temporary certificate
					 that may be issued by the certifying agency if the certified caregiver is
					 unable to correct deficiencies within the time frame specified by the
					 certifying agency.
"Related" shall have the same meaning as defined in section
					 321-11.2,
					 HRS.
"Residency agreement" means an agreement between the adult
					 with I/DD or the legal representative of the adult with I/DD and the certified
					 caregiver that outlines the rights and responsibilities between both parties,
					 including protections that address eviction and discharge processes comparable
					 to those provided under chapter
					 521, HRS.
"Residential care facility" means a licensed adult
					 residential care home as defined in section 32115.1, HRS; expanded adult
					 residential care home as defined in section
					 321-15.1, HRS;
					 developmental disabilities domiciliary home as defined in section
					 321-15.9,
					 HRS; assisted living facility as defined in section
					 323D-2, HRS;
					 intermediate care facility for individuals with intellectual disabilities as
					 defined in
					 42 C.F.R. §
											440.150; resource family home as defined in
					 section
					 346-16, HRS; or
					 community care foster family home as defined in section
					 321-481, HRS.
"Rooming house" means a commercial residential facility
					 which provides living quarters to paying residents apart from those occupied by
					 the rooming house operator. Residents may share facilities such as a kitchen
					 and bathroom, but rooming house recipients are not cared for as a family member
					 and typically do not share in the activities and responsibilities of the
					 operator's family.
"Self-preserve" means the mental and physical capacity to
					 follow instructions and evacuate from a facility safely without human
					 assistance in emergency situations.
"Substitute caregiver" means an individual twenty-one years
					 of age or older approved by the certifying agency to provide care, training,
					 and supervision to the adult with I/DD and who temporarily takes charge of the
					 foster home in the absence of the certified caregiver.