reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-22 - Termination for insufficient funds

Current through June, 2024
(a) The department
				  may, at its discretion, refuse to take new applications, refuse to enroll
				  priority applicants who have been waitlisted, reduce payments, or terminate
				  payments when there are insufficient funds to pay child care payments at
				  current amounts through the end of the State fiscal year.
(b) Refusal to take new applications, refusal
				  to enroll approved priority applicants who have been waitlisted, reducing
				  payments, or terminating payments will first be accomplished in reverse
				  priority from what is listed in section
				  17-799-7. Priority will further be
				  determined within the categories set forth in section
				  17-799-7 by income, with higher
				  income family units' payments reduced or terminated first.
(c) The department budget will be managed by
				  reviewing monthly expenditures and evaluating whether the cumulative
				  expenditures at the end of any given month are less than or equal to the number
				  of months that have expired in the fiscal year times 1/12 of the budget
				  appropriation for child care payments for the State fiscal year.
(d) When the department determines that the
				  budget appropriation has or soon will be exceeded, notices of adverse action
				  may be issued to limit the number of children receiving payments in any given
				  month or to take other necessary action to operate within the child care budget
				  appropriation and available funds. A decision under this subsection shall be
				  final and conclusive.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Exhibit I

Current through June, 2024
Child Care Co-Payment Sliding Fee Scale
Per Cent of FPG
0-160%
161-180%
181-200%
201-220%
221-240%
241-260%
261-280%
281-300%
Co-Payment
0% co-pay
1% co-pay
2% co-pay
3% co-pay
4% co-pay
5% co-pay
6% co-pay
7% co-pay
Federal Poverty Guidelines (FPG), based on household size,
					 will be updated annually on January 1 for the upcoming program year. Source:
					 https://aspe.hhs.gov/topic/poverty-economic-mobility/poverty-guidelines
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Exhibit II

Current through June, 2024
Child Care Co-Payment Sliding Fee Scale
Per Cent of FPG
0-160%
161-180%
181-200%
201-220%
221-240%
241-260%
261-280%
281-300%
Co-Payment
0% co-pay
1% co-pay
2% co-pay
3% co-pay
4% co-pay
5% co-pay
6% co-pay
7% co-pay
Federal Poverty Guidelines (FPG), based on household size,
					 will be updated annually on January 1 for the upcoming program year. Source:
					 https://aspe.hhs.gov/topic/poverty-economic-mobility/poverty-guidelines
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 1 - LISTING PROCEDURE › Section 17-800-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the
					 requirements for exempt center-based child care providers to be listed with the
					 department so that child care payments may be authorized to families receiving
					 child care payments under chapters
					 17-798.3 and 17-799.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 1 - LISTING PROCEDURE › Section 17-800-3 - Scope

Current through June, 2024
(a) An exempt center-based provider shall be
				  on a listing with the department if the exempt center-based provider cares for
				  a child whose family is authorized to receive child care payments under
				  chapters
				  17-798.3 or 17-799.
(b) Child care payments shall be for child
				  care at an exempt center that include, but are not limited to:
(1) Supervision to assure the child's safety,
				  comfort, and health;
(2) Personal
				  care as appropriate to the child's age and developmental maturity;
(3) Activities appropriate to the child's
				  age, developmental stage, and degree of physical or mental ability;
(4) Health and nutritional services;
				  and
(5) Provision of child care by
				  providers as defined in sections 17-798.3-2 and
				  17-799-2.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 1 - LISTING PROCEDURE › Section 17-800-4 - Application, inspection, and authorization for listing with the department

Current through June, 2024
(a)A completed application to be on a listing
				  with the department shall be submitted by an exempt center-based provider and
				  shall include the following:
(1) A signed
				  department application form;
(2) A
				  written statement of operation policies;
(3) Results of the background checks as
				  described in section 17-801-4, and as indicated in subparagraphs (A) and (B)
				  below:
(A) Applicants, employees, substitutes,
				  volunteers, and new employees shall provide consents and complete background
				  checks pursuant to section 17-801-4.
(B) The department shall conduct the
				  background checks in accordance with chapter
				  17-801
				  on all applicants and their employees, substitutes, volunteers, and new
				  employees.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 1 - LISTING PROCEDURE › Section 17-800-5 - Denial or removal from department's listing, and hearings

Current through June, 2024
(a) The conditions for denial or removal from
				  the department's listing and the action taken by the department shall be as
				  follows:
(1) The department shall deny or
				  remove a provider from the department's listing if an applicant or listed
				  exempt center-based provider does not comply with the applicable statutes and
				  rules of the department under this chapter;
(2) The department may deny or remove a
				  provider from the authorized listing if an applicant or listed exempt
				  center-based provider does not cooperate with the department by providing
				  access to its facilities, records, and staff members.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 3 - HEALTH REQUIREMENTS › Section 17-800-21 - Handwashing

Current through June, 2024
(a) The provider and children shall wash
				  hands using water and soap:
(1) Before and
				  after eating or drinking;
(2) Before
				  and after preparing food or beverages;
(3) Before and after diapering;
(4) After using the toilet or helping a child
				  in toileting;
(5) After handling
				  any bodily fluids or items containing bodily fluids;
(6) After handling pets or animals;
				  and
(7) After outdoor
				  play.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 3 - HEALTH REQUIREMENTS › Section 17-800-22 - Toilet and handwashing facilities

Current through June, 2024
Children shall have access to toilet and hand-washing
					 facilities that are clean and stocked with toilet paper and supplies required
					 under section 17-800-21(b).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 3 - HEALTH REQUIREMENTS › Section 17-800-23 - Handling of diapers or training underpants

Current through June, 2024
The provider shall handle disposable and cloth diapers and
					 cloth training underpants in the following manner:
(1) Use a clean non-porous surface for
				  changing diapers;
(2) Use a space
				  set aside for diapering that is separate from eating and food preparation
				  areas;
(3) Discard soiled
				  disposable diapers in a covered container. The covered container shall be kept
				  away from eating, food storage, and food preparation areas and out of the
				  children's reach;
(4) Place soiled
				  cloth diapers and cloth training underpants, without emptying or rinsing the
				  contents, in a plastic bag and kept away from eating, food storage, and food
				  preparation areas and out of the children's reach; and
(5) Give soiled cloth diapers or cloth
				  training underpants to the child's parent or guardian.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 3 - HEALTH REQUIREMENTS › Section 17-800-24 - Food preparation and protection

Current through June, 2024
If the provider offers meals and snacks, the provider
					 shall:
(1) Designate areas for eating
				  or drinking;
(2) Clean food
				  preparation areas before and after meals and snacks; and
(3) Store food in a safe and sanitary manner.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 3 - HEALTH REQUIREMENTS › Section 17-800-25 - Evidence of child's health

Current through June, 2024
(a) The provider
				  shall obtain from the parent or guardian of each child, by the child's first
				  day entering child care, information about the health needs for each child,
				  including any allergies, evidence of compliance with examinations,
				  immunizations, and tuberculosis clearance, in accordance with chapters
				  11-157 and 11-164.2, and maintain
				  copies of the information and evidence.
(b) The provider shall not be required to
				  obtain the evidence of immunizations described in subsection (a) if the
				  provider has the following:
(1) A written
				  statement from the parent or guardian objecting to immunization of the child on
				  the basis of their religion; or
(2)
				  A written statement signed by the child's physician indicating that the child's
				  medical condition contraindicates immunization.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 3 - HEALTH REQUIREMENTS › Section 17-800-26 - Children who become ill

Current through June, 2024
The provider shall ensure a clean and safe resting space to
					 isolate children who are ill while in care; provided that for an ill child less
					 than one year of age the resting space shall be in accordance with section
					 17-800-44.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 3 - HEALTH REQUIREMENTS › Section 17-800-27 - Administration of medication

Current through June, 2024
(a) When medication
				  prescribed by a health care professional is administered by the provider or
				  provider's staff:
(1) The child's parent or
				  guardian shall submit to the provider written permission from the child's
				  parent or guardian to administer medication;
(2) The medication shall be kept in the
				  original container bearing the prescription label that shows a current date,
				  the health care professional's directions for use, and the child's name;
				  and
(3) The medication shall be
				  kept out of the reach of the children and shall be returned to parent or
				  guardian when no longer in use.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 3 - HEALTH REQUIREMENTS › Section 17-800-28 - Provider's health standards

Current through June, 2024
The exempt center-based provider shall:
(1) Be free of communicable diseases,
				  including tuberculosis; and
(2) Be
				  free of physical or psychological conditions which may impair or limit the
				  provider's ability to provide child care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 3 - HEALTH REQUIREMENTS › Section 17-800-29 - Personal health habits of provider and staff

Current through June, 2024
The exempt center-based provider shall ensure:
(1) No smoking is allowed on the premises,
				  including electronic smoking devices, during child care hours of operation, and
				  nicotine products shall be stored out of the reach of children.
(2) No alcoholic beverages shall be consumed
				  prior to or during child care hours of operation or kept at the facility during
				  child care hours.
(3) Any
				  medications that impair or limit the provider's or provider's staff ability to
				  provide child care shall not be consumed prior to or during child care hours of
				  operation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 4 - SAFETY REQUIREMENTS › Section 17-800-40 - Supervision

Current through June, 2024
The provider or the provider's staff must be physically
					 on-site and supervising the children in care at all times. Supervision means to
					 be within sight and hearing distance to ensure the safety and protection of the
					 children in care and to respond to an emergency.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 4 - SAFETY REQUIREMENTS › Section 17-800-41 - Managing children's behavior

Current through June, 2024
(a) The provider
				  shall ensure an environment that promotes a child's well-being.
(b) The provider and the provider's staff
				  shall not use verbal, psychological, and physical punishment as a means of
				  disciplining or managing children's behavior, including but not limited to,
				  spanking, pinching, slapping, or shaking.
(c) The provider and the provider's staff
				  shall not cause physical harm or neglect to any child.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 4 - SAFETY REQUIREMENTS › Section 17-800-42 - Group sizes and provider-child ratios

Current through June, 2024
(a) An exempt
				  center-based provider shall maintain a maximum group size of:
(1) 40 children for school-age children
				  attending kindergarten and above in a public or private elementary school;
(2) 32 children for four-year old
				  children;
(3) 24 children for
				  three-year old children;
(4) 16
				  children for two-year old children; provided that exceptions shall be made for
				  special events, such as but not limited to assemblies, performances, meal and
				  snack time, and outdoor play area, and the staff-child ratios pursuant to
				  subsection (b) shall be maintained during any such situations.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 4 - SAFETY REQUIREMENTS › Section 17-800-43 - Disaster plan for emergencies

Current through June, 2024
The provider shall have the following:
(1) Verification of fire inspection completed
				  annually by the county fire prevention bureau and no deficiencies that remain
				  uncorrected;
(2) An unexpired ABC
				  multi-purpose type fire extinguisher in the child care area, kept out of the
				  reach of children when children in care are not school-age;
(3) An emergency exit plan which is posted in
				  the child care area and practiced regularly with the children;
(4) Emergency evacuation exits which are kept
				  clear of obstructions;
(5) A
				  written disaster plan to cover emergencies, including fire, flood, natural
				  disaster, evacuation, relocation, shelter-in-place, lock-down, communication
				  and reunification with families, continuity of operations, accommodation of
				  infants and toddlers, children with disabilities, and children with chronic
				  medical conditions; and
(6)
				  Mandatory emergency preparedness training for staff employees, and volunteers.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 4 - SAFETY REQUIREMENTS › Section 17-800-44 - Sleeping areas for children in care

Current through June, 2024
(a) For a child
				  less than one year of age, the provider shall ensure the following:
(1) Areas where children sleep are kept
				  ventilated and at a safe temperature;
(2) That each child has a separate crib or
				  playpen;
(3) That cribs or playpens
				  used for care have not been recalled by the United States consumer product
				  safety commission; provided that a recalled item may be used if repaired in
				  accordance with the manufacturer's standards, and the provider maintains a
				  record of the repair;
(4) Not
				  allowing for any other sleeping arrangement, including bed-sharing;
(5) Placing the child on his or her back to
				  sleep, unless written instructions for an alternative sleep position are on
				  file from one of the following:
(A) A
				  physician who is licensed to practice medicine or osteopathic medicine (M.D. or
				  O.D.);
(B) A physician assistant
				  (PA);
(C) An advanced practice
				  registered nurse (APRN) licensed to practice in any of the states or
				  territories of the United States; or
(D) A nurse practitioner (NP) licensed by the
				  State of Hawaii.
(6)
				  Moving the child to a crib or playpen for the remainder of the nap when the
				  child falls asleep in a location or in equipment other than a crib or
				  playpen;
(7) Monitoring and
				  periodically checking on a sleeping child;
(8) The crib or playpen has a clean,
				  tightly-fitted sheet; and
(9) The
				  crib or playpen does not have any bedding or toys placed in with a
				  child.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 4 - SAFETY REQUIREMENTS › Section 17-800-46 - Emergency care provisions

Current through June, 2024
(a) The provider
				  shall have the following:
(1) Information on
				  each child's emergency contact numbers for each parent or guardian;
(2) Written permission to allow the child to
				  receive emergency care;
(3) An
				  operating telephone that is available and is easily accessible to the
				  provider;
(4) A plan for accessing
				  a telephone when not in the usual location where care is being
				  provided;
(5) First aid and child
				  cardio-pulmonary resuscitation (CPR) for exempt center-based providers shall
				  ensure the following while children are present at the facility:
(A) There shall be at least one adult
				  caregiver with a current certificate in first aid when children are present at
				  the facility;
(B) The current first
				  aid certificate must be provided by the American Red Cross, American Heart
				  Association, or any organization whose first aid certification standards are
				  equivalent to the American Red Cross or American Heart Association standards
				  and approved by the department;
(C)
				  A current first aid certificate means a certificate that has not
				  expired;
(D) There shall be at
				  least one adult caregiver with a current certificate in child CPR when children
				  are present at the facility;
(E)
				  The child CPR course must be provided by the American Red Cross, American Heart
				  Association, or any organization whose child CPR certification standards are
				  equivalent to the American Red Cross or American Heart Association standards
				  and approved by the department;
(F)
				  A current certificate means a certificate that has not expired.
(6) A first aid kit that is
				  adequately stocked, readily available, and accessible; and
(7) A first aid kit, emergency contact phone
				  numbers, and medical treatment release forms when going on trips.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 4 - SAFETY REQUIREMENTS › Section 17-800-47 - Transportation provisions

Current through June, 2024
When transportation is provided by the provider, children
					 shall be protected by adequate supervision and safety precautions as
					 follows:
(1) The provider has written
				  permission from the parent or guardian that each child is allowed to be
				  transported by school bus or other means of transportation such as a personal
				  vehicle;
(2) During any field trip
				  or excursion operated or planned by the facility, the group sizes and
				  provider-child ratios as required in section 17-800-42 shall apply;
(3) Children shall be instructed in safe
				  transportation conduct;
(4) Car
				  seats and safety restraints shall be used as required by applicable
				  laws;
(5) Children shall be secured
				  in the back seat of the vehicle;
(6) Children shall not be left alone in
				  vehicles, even with the air conditioning on or windows rolled down;
				  and
(7) The provider shall take a
				  head count or attendance record check before and after transportation is
				  provided.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS › Subchapter 4 - SAFETY REQUIREMENTS › Section 17-800-48 - Background checks for exempt center-based providers

Current through June, 2024
(a)
				  All exempt center-based providers, and current or prospective staff, including
				  substitutes and volunteers counted in the group sizes and provider-child ratio
				  required under section 17-800-42, shall be subject to and in compliance with
				  chapter
				  17-801,
				  prior to the exempt center-based provider being listed with the department and
				  annually thereafter in accordance with chapter
				  17-801,
				  to ensure that all exempt center-based providers, employees, and volunteers
				  that have unsupervised access to children are suitable to provide child care,
				  are of reputable and responsible character, and do not pose a risk to children
				  in care.
(b) The department shall
				  deny listing with the department and not authorize child care payment
				  assistance to the family if the exempt center-based provider determined by the
				  department to be not suitable to provide child care pursuant to chapter
				  17-801.
(c) The department shall immediately remove
				  from the department's listing the exempt center-based provider and not
				  authorize child care payment assistance to the family, in accordance with
				  section 17-800-5(e), if the exempt center-based provider refuses to terminate
				  employment of a current or prospective staff who is determined by the
				  department to be not suitable to provide child care or exclude from the
				  premises a current or prospective staff who is the subject of an on-going or
				  pending criminal, child welfare, or department investigation in accordance with
				  chapter
				  17-801.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 801 - BACKGROUND CHECKS › Section 17-801-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the rules
				  governing the administration and implementation of the child care block grant
				  authorized under
				  42 U.S.C. §
										9858 and 42 U.S.C. §618 regarding
				  requirements for background checks for the department's child care programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 801 - BACKGROUND CHECKS › Section 17-801-4 - Background checks

Current through June, 2024
(a) Background
				checks conducted by the department shall include:
(1) A criminal history record check,
				including:
(A) A Federal Bureau of
				Investigation fingerprint check; and
(B) A state criminal record registry or
				database check with the use of fingerprints in the state where the person
				resides;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 801 - BACKGROUND CHECKS › Section 17-801-5 - Suitability

Current through June, 2024
(a) Results of the background checks shall be
				reviewed as part of the department's determination of whether a person is
				suitable as defined in subsection (d) to provide child care.
(b) Each person subject to background checks
				shall be determined to be suitable by the department to operate, be employed,
				work in, volunteer in, or live in a child care facility or exempt child care
				facility, except when a person may be provisionally cleared to work:
(1) A person may start working on a
				provisional basis when the requirements in section 17-801-4(a)(1) are completed
				and the department does not receive results or other information that the
				person may pose a risk to children in care or is not suitable to provide care;
				and
(2) A person who has been
				provisionally cleared pursuant to paragraph (1) shall be continuously
				supervised by another person who has been determined suitable to provide care
				based upon the results of the background checks described in section
				17-801-4(a); provided that paragraphs (1) and (2) do not apply to applicants,
				registrants, or licensees of family child care homes or group child care homes
				or their household members.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 801 - BACKGROUND CHECKS › Section 17-801-6 - Notification to the person, child care facility, and exempt child care facility

Current through June, 2024
(a) The department shall provide written
				notice to a person determined by the department to be not suitable under
				paragraph 8 or excluded from the premises pursuant to paragraph 8(e). The
				written notification shall state the reason for the department's
				determination.
(b) The department
				shall request in writing that a provider terminate employment or residence of
				any person not suitable pursuant to this chapter.
(1) The request shall be in writing and shall
				state the reason for the department's determination that the person is not
				suitable to provide child care;
(2)
				When an applicant, registrant, licensee, or provider does not terminate
				employment or residence as requested by the department, the applicant,
				registrant, licensee, or provider shall notify the department in writing no
				later than seven working days after receipt of the request and shall state the
				reasons for the decision; and
(3) A
				license, registration, application, or listing may be denied, suspended, or
				revoked if the person's employment or residence is not terminated.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802 - CHILD CARE GRANT PROGRAM › Section 17-802-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the rules
				  governing the administration and implementation of the child care grant program
				  to support child care facilities and homes during the coronavirus 2019 disease,
				  or COVID-19, pandemic to ensure the continued availability and capacity for
				  child care services statewide, and any grant funds shall not be used for any
				  secular or sectarian instruction or educational services. The intent of the
				  program is to provide child care grants to as many eligible child care
				  facilities as possible through the limited funding that is appropriated for the
				  purpose of this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802 - CHILD CARE GRANT PROGRAM › Section 17-802-3 - Standards for grant applications

Current through June, 2024
(a) An organization
				or individual may apply for a child care grant if the organization or
				individual meets the following:
(1) An
				organization shall:
(A) Be a for-profit
				organization incorporated under the laws of the State;
(B) Be a nonprofit organization exempt from
				the federal income tax by the Internal Revenue Service; provided that a tax
				exempt nonprofit organization shall have a governing board whose members have
				no material conflict of interest and serve without compensation; and
(C) Have bylaws or policies that describe the
				manner in which business is conducted, prohibit nepotism, and provide for the
				management of potential conflict of interest situations; and
(D) Be licensed by or registered with the
				department to operate a child care facility or be a qualified exempt provider;
				or
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802 - CHILD CARE GRANT PROGRAM › Section 17-802-5 - Applications

Current through June, 2024
(a) A request for child care facility subsidy
				grants shall be made by applicants meeting the standards under section 17-802-3
				and requesting grant funds as a result of the response to the COVID-19 pandemic
				for any of the following:
(1) To maintain or
				resume operations if the applicant lacks funds to do so due to a revenue
				shortfall caused by decreased enrollment or child care facility closure that
				occurred after March 15, 2020;
(2)
				To conduct cleaning, sanitation, and similar activities necessary to maintain
				or resume child care operations, including the purchase of disinfecting and
				personal protective equipment and supplies;
(3) Salaries or training for employees of the
				child care facility; or
(4) Other
				purposes as authorized by the department and consistent with any applicable
				federal funding source and state law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802 - CHILD CARE GRANT PROGRAM › Section 17-802-6 - Determination of funding allocations

Current through June, 2024
(a) The department
				shall determine the funding allocation for the child care grants based upon the
				total funds appropriated for the purpose of this chapter, take into account the
				deadline, if any, to expend the appropriated funds, and the needs identified by
				the department.
(b) Funding
				allocations may be prioritized based on criteria that include:
(1) Geographic area in which the child care
				facility is located and the number of children who are at risk in the
				community, including title I school districts;
(2) The type of child care facility and
				maximum capacity of children in care for the child care facility; and
(3) The percentage of children attending the
				child care facility whose families receive child care subsidy assistance from
				the department;
(4) The date the
				application for the child care facility subsidy grant was received by the
				department or its designee.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802 - CHILD CARE GRANT PROGRAM › Section 17-802-7 - Contracts and monitoring

Current through June, 2024
(a) The child care
				grants shall be awarded through a contract with the recipient.
(b) The department or its designee shall
				monitor the contract to ensure compliance with this chapter and the terms of
				the contract.
(c) Prior to
				executing a contract, a recipient shall provide evidence of compliance with:
(1) The business registration and tax
				clearances required by section 17-802-4; and
(2) The insurance requirements in accordance
				with section
				346-157,
				HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802 - CHILD CARE GRANT PROGRAM › Section 17-802-8 - Denial of grant applications

Current through June, 2024
(a) An application
				for a child care grant may be denied when:
(1)
				The applicant does not complete the process of application or withdraws or
				discontinues the application;
(2)
				The applicant does not sign and date the application form prescribed by the
				department;
(3) The applicant does
				not meet the standards under section 17-802-3;
(4) The applicant does not submit verifying
				information requested by the department or its designee;
(5) The applicant does not remove costs that
				are not allowed under section 17-802-5;
(6) Grant funds paid to a recipient are
				determined to be inappropriate or unallowable costs in accordance with section
				17-802-4(a)(8); or
(7) The
				department determines pursuant to section 17-802-10 that there are insufficient
				funds for all child care grant awards. A decision under this paragraph shall be
				final and conclusive and is not subject to review under section
				17-802-9.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802 - CHILD CARE GRANT PROGRAM › Section 17-802-9 - Review of the decision

Current through June, 2024
(a) Decisions by
				the department under this section are final and may not be appealed.
(b) A denial of an application by the
				department's designee may be submitted for review upon written request of the
				applicant. The written request for review shall:
(1) Specify the applicant's request for a
				review;
(2) Specify the reason(s)
				why the applicant does not agree with the denial; and
(3) Be received by the department or its
				designee within fifteen calendar days of the date the notice of denial was
				sent.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802 - CHILD CARE GRANT PROGRAM › Section 17-802-10 - Termination, denial, or reduction for insufficient funds

Current through June, 2024
(a)
				The department may, at its discretion, refuse to take new applications, deny an
				award, reduce grant award amounts, or terminate grant award amounts when there
				are insufficient funds to pay for child care grants.
(b) Refusal to take new applications, denial
				of awards, reduction of grant award amounts, or termination of grant awards
				will first be accomplished in reverse priority from what is listed in section
				17-802-6.
(c) When the department
				determines that the budget appropriation has or soon will be exceeded, notices
				may be issued to applicants and recipients of actions being taken by the
				department to operate within the child care grant program budget appropriation.
				A decision under this section shall be final and conclusive and is not subject
				to review under section 17-802-9.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802.2 - CHILD CARE GRANT PROGRAM › Section 17-802.2-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the rules
				  governing the administration and implementation of the child care grant program
				  to support child care facilities and homes during the coronavirus 2019 disease,
				  or COVID-19, pandemic to ensure the continued availability and capacity for
				  child care services statewide, and any grant funds shall not be used for any
				  secular or sectarian instruction or educational services. The intent of the
				  program is to provide child care grants to as many eligible child care
				  facilities as possible through the limited funding that is appropriated for the
				  purpose of this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802.2 - CHILD CARE GRANT PROGRAM › Section 17-802.2-3 - Standards for grant applications

Current through June, 2024
(a) An organization
				or individual may apply for a child care grant if the organization or
				individual meets the following:
(1) An
				organization shall:
(A) Be a for-profit
				organization incorporated under the laws of the State;
(B) Be a nonprofit organization exempt from
				the federal income tax by the Internal Revenue Service; provided that a tax
				exempt nonprofit organization shall have a governing board whose members have
				no material conflict of interest and serve without compensation; and
(C) Have bylaws or policies that describe the
				manner in which business is conducted, prohibit nepotism, and provide for the
				management of potential conflict of interest situations; and
(D) Be licensed by or registered with the
				department to operate a child care facility or be a qualified exempt provider
				as of March 11, 2021; or
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802.2 - CHILD CARE GRANT PROGRAM › Section 17-802.2-5 - Applications

Current through June, 2024
(a) A request for child care facility subsidy
				grants shall be made by applicants meeting the standards under section
				17-802.2-3 and requesting grant funds as a result of the response to the
				COVID-19 pandemic for any of the following:
(1) Personnel costs, including payroll and
				salaries or similar compensation for an employee (including any sole proprietor
				or independent contractor), employee benefits, premium pay, or costs for
				employee recruitment and retention;
(2) Rent (including rent under a lease
				agreement) or payment on any mortgage obligation, utilities, facility
				maintenance or improvements, or insurance;
(3) Personal protective equipment, cleaning
				and sanitization supplies and services, or training and professional
				development related to health and safety practices;
(4) Purchases of or updates to equipment and
				supplies to respond to the COVID-19 public health emergency;
(5) Goods and services necessary to maintain
				or resume child care services;
(6)
				Mental health supports for children and employees;
(7) Reimbursement to the provider of goods
				and services for sums obligated or expended before March 11, 2021 for the cost
				of a good or service described in this subsection to respond to the COVID-19
				public health emergency; or
(8)
				Other purposes as authorized by the department and consistent with any
				applicable federal funding source and state law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802.2 - CHILD CARE GRANT PROGRAM › Section 17-802.2-6 - Determination of funding allocations

Current through June, 2024
(a) The department
				shall determine the funding allocation for the child care grants based upon the
				total funds appropriated for the purpose of this chapter, take into account the
				deadline, if any, to expend the appropriated funds, and the needs identified by
				the department.
(b) Funding
				allocations may be prioritized based on criteria that include:
(1) Geographic area in which the child care
				facility is located and the number of children who are at risk in the
				community, including title I school districts;
(2) The type of child care facility and
				maximum capacity of children in care for the child care facility; and
(3) The percentage of children attending the
				child care facility whose families receive child care subsidy assistance from
				the department;
(4) The date the
				application for the child care facility subsidy grant was received by the
				department or its designee.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802.2 - CHILD CARE GRANT PROGRAM › Section 17-802.2-7 - Contracts and monitoring

Current through June, 2024
(a) The child care
				grants shall be awarded through a contract with the recipient.
(b) The department or its designee shall
				monitor the contract to ensure compliance with this chapter and the terms of
				the contract.
(c) Prior to
				executing a contract, a recipient shall provide evidence of compliance with:
(1) The business registration and tax
				clearances required by section 17-802.2-4; and
(2) The insurance requirements in accordance
				with section
				346-157,
				HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802.2 - CHILD CARE GRANT PROGRAM › Section 17-802.2-8 - Denial of grant applications

Current through June, 2024
(a) An application
				for a child care grant may be denied when:
(1) The applicant does not complete the
				process of application or withdraws or discontinues the application;
(2) The applicant does not sign and date the
				application form prescribed by the department;
(3) The applicant does not meet the standards
				under section 17-802.2-3;
(4) The
				applicant does not submit verifying information requested by the department or
				its designee;
(5) The applicant
				does not remove costs that are not allowed under section 17-802.2-5;
(6) Grant funds paid to a recipient are
				determined to be inappropriate or unallowable costs in accordance with section
				17-802.2-4(a) (8);
(7) The
				applicant has been found by the department to have violated this chapter or the
				terms of a contract with the department entered pursuant to this chapter within
				five years from the date of termination of the contract or the determination by
				the department of a violation of this chapter; or
(8) The department determines pursuant to
				section 17-802.2-10 that there are insufficient funds for all child care grant
				awards. A decision under this paragraph shall be final and conclusive and is
				not subject to review under section 17-802.2-9.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802.2 - CHILD CARE GRANT PROGRAM › Section 17-802.2-9 - Review of the decision

Current through June, 2024
(a) Decisions by
				the department under this section are final and may not be appealed.
(b) A denial of an application by the
				department's designee may be submitted for review upon written request of the
				applicant. The written request for review shall:
(1) Specify the applicant's request for a
				review;
(2) Specify the reason(s)
				why the applicant does not agree with the denial; and
(3) Be received by the department or its
				designee within fifteen calendar days of the date the notice of denial was
				sent.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802.2 - CHILD CARE GRANT PROGRAM › Section 17-802.2-10 - Termination, denial, or reduction for insufficient funds

Current through June, 2024
(a)
				The department may, at its discretion, refuse to take new applications, deny an
				award, reduce grant award amounts, or terminate grant award amounts when there
				are insufficient funds to pay for child care grants.
(b) Refusal to take new applications, denial
				of awards, reduction of grant award amounts, or termination of grant awards
				will first be accomplished in reverse priority from what is listed in section
				17-802.2-6.
(c) When the department
				determines that the budget appropriation has or soon will be exceeded, notices
				may be issued to applicants and recipients of actions being taken by the
				department to operate within the child care grant program budget appropriation.
				A decision under this section shall be final and conclusive and is not subject
				to review under section 17-802.2-9.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802.3 - CHILD CARE GRANT PROGRAM › Section 17-802.3-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the rules
				  governing the administration and implementation of the child care grant program
				  to support child care facilities and homes during the coronavirus 2019 disease,
				  or COVID-19, pandemic to ensure the continued availability and capacity for
				  child care services statewide, and any grant funds shall not be used for any
				  non-secular or sectarian instruction or educational services. The intent of the
				  program is to provide child care grants to as many eligible child care
				  facilities as possible through the limited funding that is appropriated for the
				  purpose of this chapter. These emergency rules shall be effective upon filing
				  with the Lieutenant Governor's office; provided that the conditions set out in
				  these rules shall apply retroactively as of December 6, 2021.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802.3 - CHILD CARE GRANT PROGRAM › Section 17-802.3-3 - Standards for grant applications

Current through June, 2024
(a) An organization
				or individual may apply for a child care grant if the organization or
				individual meets the following:
(1) An
				organization shall:
(A) Be a for-profit
				organization incorporated under the laws of the State;
(B) Be a nonprofit organization exempt from
				the federal income tax by the Internal Revenue Service; provided that a tax
				exempt nonprofit organization shall have a governing board whose members have
				no material conflict of interest and serve without compensation; and
(C) Have bylaws or policies that describe the
				manner in which business is conducted, prohibit nepotism, and provide for the
				management of potential conflict of interest situations:; and
(D) Be licensed by or registered with the
				department to operate a child care facility or be a qualified exempt provider
				as of March 11, 2021; or
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 802.3 - CHILD CARE GRANT PROGRAM › Section 17-802.3-5 - Applications

Current through June, 2024
(a) A request for child care facility subsidy
				grants shall be made by applicants meeting the standards under section
				17-802.3-3 and requesting grant funds as a result of the response to the
				COVID-19 pandemic for any of the following:
(1) Personnel costs, including payroll and
				salaries or similar compensation for an employee (including any sole proprietor
				or independent contractor), employee benefits, premium pay, or costs for
				employee recruitment and retention;
(2) Rent (including rent under a lease
				agreement) or payment on any mortgage obligation, utilities, facility
				maintenance or improvements, or insurance;
(3) Personal protective equipment, cleaning
				and sanitization supplies and services, or training and professional
				development related to health and safety practices;
(4) Purchases of or updates to equipment and
				supplies to respond to the COVID-19 public health emergency;
(5) Goods and services necessary to maintain
				or resume child care services;
(6)
				Mental health supports for children and employees;
(7) Reimbursement to the provider of goods
				and services for sums obligated or expended before March 11, 2021 for the cost
				of a good or service described in this subsection to respond to the COVID-19
				public health emergency; or
(8)
				Other purposes as authorized by the department and consistent with any
				applicable federal funding source and state law.