Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 801 - BACKGROUND CHECKS › Section 17-801-2 - Definitions

Current through June, 2024
For the purpose of this chapter:
"Adult abuse perpetrator check" means a search to determine
				  whether an individual is known to the department as a perpetrator of abuse as
				  defined in section
				  346-222, Hawaii
				  Revised Statutes (HRS), by means of a search of the individual's name and birth
				  date in the department's adult protective services file.
"Applicant" means the person who applied for licensure of a
				  group child care center, group child care home, or registration of their family
				  child care home, and for group homes and family homes includes this person's
				  spouse.
"Background checks" means a criminal history record check
				  which includes a Federal Bureau of Investigation fingerprint check, the state
				  criminal record registry or database check, state sex offender registry check
				  and national sex offender public website check, state child abuse and neglect
				  registry check, adult abuse perpetrator registry check, employment history
				  check, and other information obtained by the department regarding the person's
				  ability or suitability to provide child care.
"Caregiver" means any individual who is responsible for the
				  physical well-being, health, safety, supervision, and guidance of children in a
				  child care facility or exempt child care facility.
"Child" means any person who has not reached the age of
				  eighteen years.
"Child care" means those situations in which a person, child
				  care provider, child care facility, or exempt child care facility has agreed to
				  assume the responsibility for the child's supervision, apart from and in the
				  absence of the parent, guardian, or caretaker for any part of a
				  twenty-four-hour day. Child care may be provided out of the child's home in
				  out-of-home relative care, in the child's home by relatives or non-relatives,
				  in a child care facility or an exempt child care facility.
"Child care center" or "group child care center" 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 care facility" means a place maintained by any
				  individual, organization, or agency for the purpose of providing care for
				  children with or without charging a fee at any time. It includes a family child
				  care home, group child care home, and group child care center.
"Department" means the department of human services or its
				  designee.
"Exempt care" means child care which is exempt from licensure
				  or registration by the department under HRS §
									346-152.
"Exempt child care facility" means a place that child care is
				  conducted which is legally-exempt in accordance with section
				  346-152,
				  HRS, and includes exempt center-based providers pursuant to chapter
				  17-800.
"Family child care home," "family child care," or "FCC" means
				  any private residence at which care may be provided for six or fewer children
				  at any given time, as defined in section
				  346-151, HRS.
"Group child care center" means a facility, other than a
				  private home, at which care is provided, as defined in HRS §
									346-151. The term may
				  include nurseries; infant and toddler centers for children ages six weeks to
				  thirty-six months, preschools; parent cooperatives; drop-in child care centers;
				  before-school and after-school programs; holiday, intersession and summer care
				  for eligible school age children; or other similar care settings that are
				  established to provide group care to a child for any part of a twenty-four-hour
				  day and is license-exempt or licensed by the department.
"Group Child Care Home or "GCH" 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. GCHs are licensed under the rules for group child
				  care centers.
"License" means a certificate of approval issued by the
				  department authorizing the operation of a group child care center or group
				  child care home.
"New hire" means an applicant or prospective employee of a
				  child care facility or exempt child care facility who is seeking to operate or
				  be employed in a child care facility or exempt child care facility for the
				  first time in the state of Hawaii.
"Person" means any individual with unsupervised access to
				  children in care, caregiver, adult household member, applicant, provider,
				  substitute, volunteer, new hire, rehire, temporary hire, or staff member in a
				  child care facility or exempt child care facility.
"Provider" means an individual 18 years or older, caregiver,
				  child care facility, exempt child care facility, agency, or organization,
				  exempt care providers, and staff members, who provide child care to children in
				  the absence of the child's caretaker.
"Registration" means a certificate of approval issued by the
				  department authorizing the operation of a family child care home.
"Rehire" means an applicant or prospective employee of a
				  child care facility or exempt child care facility who is seeking to operate or
				  be employed in a child care facility or exempt child care facility following
				  separation from employment of one hundred eighty consecutive days or more and
				  who has been out of state during this break in employment.
"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.
"Staff member" means administrative, child care, office,
				  maintenance, employees, and volunteers of a child care facility or exempt child
				  care facility.
"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 or hearing distance of
				  the children to ensure the safety and protection of the children.
"Temporary hire" means a person who serves as a replacement
				  when another caregiver is absent on a planned basis.
"Volunteer" means a person working or offering services to a
				  child care facility or exempt child care facility without remuneration, except
				  for reimbursable personal expenses allowed by the caregivers.