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 17-800-2 - Definitions

Current through June, 2024
As used in this chapter: "After-school care" means child
					 care provided after the end of the regular school day during the academic year
					 for eligible children kindergarten age and above who are enrolled in public or
					 private elementary schools.
"Applicant" means an organization that is exempt from
					 licensure or registration by the department under §
										346-152,
					 Hawaii Revised Statutes (HRS) and is applying to be listed with the
					 department.
"Background check" means a review of a person's background
					 information pursuant to chapter
					 17-801.
"Before-school care" means a child care provided before the
					 start of the regular school day during the academic year for eligible children
					 kindergarten age and above who are enrolled in public or private elementary
					 schools.
"Caregiver" means any individual who is responsible for the
					 physical well-being, health, safety, supervision, and guidance of children in
					 child care.
"Caretaker" means an adult or an emancipated minor, who
					 resides with and is responsible for the care of a child, and who is a birth,
					 hanai, foster, or adoptive parent, guardian, permanent custodian, stepparent,
					 or relative who is related to the child by blood, marriage, or adoption, or a
					 person authorized by the caretaker through a power of attorney valid for a
					 period not to exceed twelve months. The caretaker designation may remain even
					 when the caretaker is temporarily absent from the home as long as the caretaker
					 continues to maintain responsibility for the care, education, and financial
					 support of the child.
This includes a foster parent who may not be providing
					 financial support to the child but may be receiving support for the child from
					 a private or public agency. This also includes teen parents who are birth
					 parents to the child but cannot apply for child care payments themselves and
					 must have an adult apply on their behalf.
"Child" means any person who has not reached the age of
					 eighteen years, excluding emancipated minors.
"Child care" means those situations in which a person or
					 child care facility has agreed to assume the responsibility for the child's
					 supervision, development, safety, and protection apart from the parent,
					 guardian, or caretaker for any part of a twenty-four-hour day.
"Child care facility" means the same as under section
					 346-151, Hawaii
					 Revised Statutes (HRS).
"Compliance" means conformity in fulfilling the
					 requirements of this chapter.
"Department" means the department of human services or its
					 designee.
"Emergency" means an unforeseen combination of
					 circumstances which calls for immediate action.
"Exempt center-based provider" means a facility providing
					 legally-exempt child care, in accordance with section
					 346-152,
					 HRS. It also includes all staff employed at a child care facility, any
					 volunteers who provide care for children for ten hours or more per week,
					 substitutes, and any other individuals who have unsupervised access to children
					 in exempt center-based care.
"Facility" means the premises of the address on the
					 application to be listed with the department, or that are a part of a place in
					 which child care is provided, including enclosed areas, lanais, and outdoor
					 areas.
"First aid kit" means materials and equipment, in one
					 location in a suitable container, that is used for meeting medical emergencies.
					 A first aid kit shall be of a type approved by the American Red Cross, American
					 Medical Society, or the department of health.
"Group size" means the number of children assigned to
					 specific staff who occupy an individual classroom or defined physical space
					 within a larger area.
"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 newborn up to and including twelve
					 months old.
"Legally-exempt care" or "exempt care" means child care
					 which is exempt from licensure or registration by the department under §
										346-152,
					 HRS.
"Physician" means an individual licensed by the state for
					 the practice of medicine.
"Provider" means any individual eighteen years and older,
					 caregiver, facility, agency, or organization, including exempt center-based
					 providers, and their adult employees, including volunteers who provide care for
					 ten hours or more per week, substitutes, or any other individual who provides
					 direct care, supervision, and guidance to children apart from and in the
					 absence of the child's parent, guardian, or caretaker for part of a
					 twenty-four-hour day. Providers are regulated by the department to provide
					 child care or are legally exempt from child care licensure or registration by
					 the department under section
					 346-152,
					 HRS.
"Recalled" means any type of remedial action taken by a
					 business for a corrective action plan agreed upon by the United States consumer
					 product safety commission to address unsafe or potentially unsafe products to
					 protect consumers, including the return of a product to the manufacturer or
					 retailer for a cash refund or a replacement product, the repair of a product,
					 and/or public notice of the hazard.
"Regularly" means the typical or normal pattern of the
					 child care facility 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.
"School age" means the chronological age of a child who is
					 eligible to enroll in grades kindergarten through sixth in public or private
					 schools.
"Staff" or 'staff member" means administrative, child care,
					 office, maintenance, substitutes, and other support personnel who are employed
					 by the child care facility, including volunteers and substitutes.
"State fiscal year" means a period beginning July 1 and
					 ending June 30.
"Substitute" means a person who serves as a replacement
					 caregiver 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 to be within sight and hearing distance
					 of the children to ensure the safety and protection of the children.
"Toddler" means a child over twelve months old up to and
					 including twenty-four months old.
"Volunteer" means a person offering services to a child
					 care facility without remuneration, except for reimbursable personal expenses
					 allowed by the caregivers.