Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES (REPEALED) › Section 17-892.1-1 - Definition

Current through June, 2024
For the purpose of this chapter:
"Acting director" means a person who assumes the
				  responsibilities of director of the child care facility in the absence of the
				  director.
"After school care" means child care provided after the
				  close of the regular school day during the academic year and summer for
				  children ages four years and eight months and older who are enrolled in public
				  or private elementary schools (see chapter 17-896, "Licensing of Before and
				  After School Child Care Facilities".)
"Approved child development or early childhood training
				  courses" means child development or early childhood courses taken from
				  accredited institutions of higher learning and other agencies or organizations
				  authorized by the department which are automatically accepted. Other courses,
				  workshops, or seminars shall be subject to approval by the department.
"Assistant teacher" means any person who works with the
				  guidance of the teacher and director to carry out the program of the
				  center.
"Before school care" means child care provided before the
				  opening of the regular school day during the academic year for children four
				  years and eight months and above who are enrolled in public or private
				  elementary schools (see chapter 17-896, "Licensing of Before and After School
				  Child Care Facilities."
"Caregiver" or "provider" means any person whose duties
				  include direct care, supervision, and guidance of children in child
				  care.
"Child" means any person who has not reached the age of
				  eighteen.
"Child care" means those situations where a person or
				  organization has agreed to assume the responsibility for the child's
				  supervision, development, safety, and protection apart from the parent or
				  guardian for any part of a twenty-four hour day.
"Child care aide," "aide," or "child care assistant" means
				  any person who helps the teacher or assistant teacher with all aspects of the
				  planned program.
"Child care center (CCC)" or "group child care, center
				  (GCC)" means a place maintained by any individual, organization, or agency for
				  the purpose of providing child care. The term child care center shall include
				  child care nurseries, nursery school groups, preschools, child play groups,
				  parent cooperatives, drop-in child care centers, group child care homes, or
				  other similar units operating under any name.
"Child development associate (CDA)" means any person
				  credentialed by the child development associate (CDA) consortium to assume
				  primary responsibility for a group of young children in a developmental early
				  childhood program.
"Child development associate consortium" means the agency
				  contracted by the U.S. Department of Health and Human Services to grant the
				  child development associate (CDA) credential.
"Compliance" means conformity in fulfilling formal or
				  official requirements of this chapter.
"County building code" means the building code used by the
				  applicable counties.
"Demonstration project" means any place providing child care
				  which is operating with special approval of the department for exemptions to
				  specific licensing rules.
"Director," "principal," "head teacher," or "operator" means
				  the person at the facility having responsibility for the administration of a
				  child care center and its program.
"Drop-in care" means child care where children are permitted
				  to arrive and leave at irregular, non-scheduled times during the facility's
				  operating hours.
"Drop-in child care center" means a facility which accepts
				  children for drop-in care.
"Emergency" means an unforeseen combination of circumstances
				  which calls for immediate action.
"Facility" means all the physical parts belonging to, or
				  which are a part of, a place in which child care is provided including enclosed
				  areas, lanais, and outdoor areas.
"Family child care home (FCCH)" or "family child care (FCC)"
				  means child care in any private home maintained by an individual which provides
				  care to two and no more than six children at the same time during any part of a
				  twenty-four hour day and where the relationship of child and family child care
				  provider is not by blood, marriage or adoption (see chapter 17-891.1,
				  "Registration of Family Child Care Homes.")
"First aid kit" means materials and equipment in one
				  location in a suitable container for meeting medical emergencies. A first aid
				  kit shall be of the type approved by the American red cross, American medical
				  society, or the state department of health.
"Form 14" means a printed form made available by the state
				  department of health or the state department of education to record a child's
				  immunizations and health record.
"Group child care home (GCCH)" means child care provided by
				  an individual in a facility that may be an extended or modified family child
				  care home which provides care to no more than twelve children during any part
				  of a twenty-four hour day. Group child care homes are licensed under the rules
				  for group child care centers.
"Guardian" means a person other than a child's parents who
				  has legal authority over and responsibility for a child.
"Handicapped child" means a child who is medically
				  determined blind, deaf, mentally retarded, emotionally disturbed,
				  orthopedically or otherwise chronically handicapped.
"Ill" or illness" is a subjective term which shall be
				  defined by each provider with regard to admitting or not admitting sick
				  children to child care.
"Infant" means a child who is newborn up to age one (through
				  the twelfth month).
"Lavatory" means a vessel or basin for washing which is in
				  conformity with plumbing codes in force in the state.
"License" means a certificate of approval issued by the
				  state department of human services authorizing the operation of a child care
				  facility.
"Local sanitary codes" means the specific rules set up by a
				  county, the state department of health, or a comparable federal agency, which
				  govern aspects of health and safety.
"Minor deficiencies" means deficiencies which do not involve
				  risk to life, health, or safety of the children enrolled at the child care
				  center.
"Night care" means child care provided to children who stay
				  at night or overnight at a group child care center, group child care home, or
				  family child care home. Care shall not be provided for twenty-four consecutive
				  hours.
"Panic hardware" means a standard device on doors which
				  permits quick and safe exits upon emergencies (e.g. push bars and
				  plates).
"Policy" means a principal plan for the management of a
				  child care facility.
"Provider"- see caregiver.
"Provisional license" or "temporary permit" means a
				  temporary license issued at the discretion of the department for a period of
				  six months to any child care facility which is unable to conform to all the
				  rules at the time the license is issued.
"Regularly" means the typical or normal pattern of the child
				  care center or family home, or a practice or schedule that is routine and
				  uniform and is not subject to unexplained or irrational variations.
"Rules" means the rules developed by the department of human
				  services to set minimum standards of care and safety for the protection of
				  children in child care.
"Single service utensils" means the supplies or equipment
				  used once to serve food (e.g. paper plates, cups, disposable forks).
"Staff member" means child care and maintenance personnel
				  who are employed by the child care facility, including volunteers.
"State child care advisory committee" means a group of
				  people appointed by the department of human services to advise the department
				  on matters regarding child care, including child care rules.
"Substitute" means a person who serves as a replacement for
				  no more than ten consecutive working days in the same position when another
				  caregiver is absent on an emergency or unplanned basis.
"Supervision" means the act of being within sight or hearing
				  distance of the children to insure the safety and protection of the
				  children.
"Teacher," "teacher-director," "head teacher," or "lead
				  teacher" means a person responsible for planning and implementing all or part
				  of the program activities, preparing program materials, supervising, and
				  training other staff.
"Temporary hire" means a person who serves as a replacement
				  when another caregiver is absent on a planned basis.
"Temporary permit" - see provisional license.
"USDA child care food program" means the food standards
				  established by the United States Department of Agriculture.
"Volunteers" means persons offering services to a child care
				  facility without remuneration, except for reimbursable personal expenses
				  allowed by the caregivers.