reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 4 - HEALTH REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-64 - 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 shall be discarded 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.
(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 798.3 - CHILD CARE PAYMENTS › Subchapter 4 - HEALTH REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-65 - 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 798.3 - CHILD CARE PAYMENTS › Subchapter 4 - HEALTH REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-66 - Evidence of child's health

Current through June, 2024
(a) The provider
				  shall obtain from the parent or guardian of each child entering child care,
				  evidence of compliance with examinations and immunizations, in accordance with
				  chapters
				  11-157 and 11-164.2 for tuberculosis
				  clearance.
(b) The provider shall
				  obtain from the parent or guardian the health needs for each child, including
				  any allergies, and maintain copies of the evidence.
(c) The provider shall not be required to
				  obtain the evidence 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;
(2) A written statement
				  signed by the child's physician indicating that the child's medical condition
				  contraindicates immunization; or
(3) Is providing care in the eligible child's
				  home and all children in care are part of the same family unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 4 - HEALTH REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-67 - 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, and for an ill child less than one
					 year of age the resting space shall be in accordance with section
					 17-798.3-85.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 4 - HEALTH REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-68 - 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 give written permission to the provider to administer
				  medication;
(2) The medication
				  shall be kept in the original container bearing the prescription label which
				  shows a current date, the health care professional's directions for use, and
				  the child's name; and
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 4 - HEALTH REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-70 - Personal health habits of provider and staff

Current through June, 2024
The provider shall ensure:
(1) No smoking (including electronic smoking
				  devices) is allowed on the premises 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 of operation, provided that if it is a family home, alcoholic
				  beverages may be kept on premises but shall be stored out of the reach of
				  children.
(3) Any medications shall
				  not be consumed prior to or during child care hours of operation that impair or
				  limit the provider's ability to provide child care, provided that if it is a
				  family home, medications may be kept on premises but shall be stored out of the
				  reach of children.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 5 - SAFETY REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-80 - Purpose

Current through June, 2024
The purpose of this subchapter is to define the safety
					 requirements for exempt providers to be authorized to care for children whose
					 families are receiving child care payments.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 5 - SAFETY REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-81 - 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 or 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 798.3 - CHILD CARE PAYMENTS › Subchapter 5 - SAFETY REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-82 - 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 shall not use 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 shall not
				  cause physical harm or neglect to the child.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 5 - SAFETY REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-83 - Maximum number of children

Current through June, 2024
(a) Exempt
				  home-based providers and exempt in-home care providers shall:
(1) Provide care to no more than six children
				  at the same time during any part of a twenty-four hour day, including the
				  provider's own children, except when the provider's children are six years of
				  age or older.
(2) Care at the same
				  time for no more than two children under eighteen months of age, including the
				  provider's own children under eighteen months of age.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 5 - SAFETY REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-84 - Disaster plan for emergencies

Current through June, 2024
The provider shall have the following:
(1) A smoke detector in the child care area
				  which is properly installed and in proper working condition;
(2) An unexpired ABC multi-purpose type fire
				  extinguisher in the child care area, kept out of the reach of
				  children;
(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 that is reviewed
				  with the parent or guardian and covers emergencies, including fire, flood,
				  natural disaster, evacuation, relocation, shelterin-place, lock-down,
				  communication and reunification with families, continuity of operations,
				  accommodation of infants and toddlers, children with special needs, and
				  children with chronic medical conditions.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 5 - SAFETY REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-85 - Sleeping areas for children in care

Current through June, 2024
(a) For a child
				  less than one year of age, the provider shall:
(1) Ensure that areas where children sleep
				  are kept ventilated and at a safe temperature;
(2) Ensure that each child has a separate
				  crib or playpen;
(3) Ensure 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 allow for any other sleeping
				  arrangement, including bed-sharing;
(5) Place 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)
				  Move 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) Monitor and
				  periodically check on a sleeping child;
(8) Ensure that the crib or playpen has a
				  clean, tightly-fitted sheet; and
(9) Ensure that 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 798.3 - CHILD CARE PAYMENTS › Subchapter 5 - SAFETY REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-87 - Emergency care provisions

Current through June, 2024
The provider shall have the following:
(1) Information on each child's emergency
				  contact numbers for each parent or guardian;
(2) Written permission from the parent or
				  guardian of the child for the child to receive emergency care;
(3) An adult shall accompany a child to the
				  source of emergency care. The adult shall stay with the child until the parent
				  or parent's designee assumes responsibility for the child's care. The selection
				  of the adult shall not compromise the supervision of the other children in
				  care.
(4) An operating telephone
				  that is available and is easily accessible to the provider;
(5) A plan for accessing a telephone when not
				  in the usual location where care is being provided;
(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 798.3 - CHILD CARE PAYMENTS › Subchapter 5 - SAFETY REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-88 - Transportation provisions

Current through June, 2024
When the provider transports children in a personal
					 vehicle, the provider shall:
(1) Have
				  written permission from the parent or guardian that each child is allowed to be
				  transported by the provider in a personal vehicle;
(2) Ensure that car seats and safety
				  restraints are used as required by applicable laws;
(3) Ensure that children are secured in the
				  back seat of the vehicle; and
(4)
				  Ensure that children are never left unattended in vehicles, even with the air
				  conditioning on or windows rolled down.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 5 - SAFETY REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-89 - Background checks for exempt providers

Current through June, 2024
(a) All exempt
				  providers, any adult household members, regardless of whether they provide
				  care, and current or prospective staff, including volunteers, shall be subject
				  to and in compliance with chapter
				  17-801,
				  prior to authorization of any child care subsidy payments, and annually
				  thereafter in accordance with chapter 17-801, to ensure that they are of
				  reputable and responsible character, are suitable to provide child care, and do
				  not pose a risk to children in care.
(b) The department shall deny authorization
				  for child care subsidy payment assistance to the family if the exempt provider,
				  household member, or current or prospective staff are determined by the
				  department to be not suitable to provide child care pursuant to chapter
				  17-801.
(c) The department shall deny child care
				  subsidy payment assistance to the family using an exempt provider who does not
				  comply with the request to exclude a staff or household member who is
				  determined by the department to be not suitable to provide child care in
				  accordance with chapter
				  17-801.
(d) A person who cannot be authorized to
				  provide care for a family receiving child care subsidy payment assistance as a
				  result of the background check done pursuant to chapter
				  17-801
				  may request an administrative hearing as provided in chapter
				  17-801."
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 5 - SAFETY REQUIREMENTS FOR EXEMPT PROVIDERS › Exhibit I - CHILD CARE RATE TABLE

Current through June, 2024
Type of Care
Full-Time Care
Part Time Care
Licensed Center-Based Infant/Toddler
								Care
87 Monthly Hours or more
1-86 Monthly Hours
$1.733
$1.733
NAEYC Accredited*, NECPA Accredited, or
								Hawaiian Medium Center-Based Care
87 Monthly Hours or more
1-86 Monthly Hours
$980
$980
Licensed Center-Based or Group Child Care
								Home
87 Monthly Hours or more
1-86 Monthly Hours
$795
$795
NAFCC Accredited^ Family Child Care Home
								Infant/Toddler Care
87 Monthly Hours or more
1-86 Monthly Hours
$750
$750
NAFCC Accredited^ Family Child Care
								Home**
87 Monthly Hours or more
1-86 Monthly Hours
$700
$700
Registered Family Child Care Home
								Infant/Toddler Care
87 Monthly Hours or more
1-86 Monthly Hours
$650
$362
Registered Family Child Care Home
								**
87 Monthly Hours or more
1-86 Monthly Hours
$600
$334
Legally Exempt Relative and Non-Relative
								Infant/Toddler Care
87 Monthly Hours or more
1-86 Monthly Hours
$400
$223
Legally Exempt Relative, Non-Relative, and
								Center-Based Care **
87 Monthly Hours or more
1-86 Monthly Hours
$350
$195
Licensed School-Age Intersession/Summer
								Care
87 Monthly Hours or more
1-86 Monthly Hours
$450
$350
Licensed Before School Care / After School
								Care
45+ Monthly Hours
1-44 Monthly Hours
$155
$86
Legally Exempt Before School Care / After
								School Care
45+ Monthly Hours
1-44 Monthly Hours
$120
$61
* NAEYC refers to National Association for the Education of
					 Young Children. NECPA refers to National Early Childhood Program
					 Accreditation
^ NAFCC refers to National Association for Family Child
					 Care Accreditation
**Summer and Intersession care rates are the same as the
					 rates listed here. All Rates include an estimate of travel time.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 5 - SAFETY REQUIREMENTS FOR EXEMPT PROVIDERS › Exhibit II - Child Care

Current through June, 2024
Gross Income Eligibility Limits and Sliding Fee
					 Scale
Family Size
Income Eligibility
								Limit
0-100% FPG
0% family co-pay
101%-115% FPG
1% family co-pay
116%-130% FPG
2% family co-pay
131%-145% FPG
3% family co-pay
146%-160% FPG
4% family co-pay
161%-175% FPG
5% family co-pay
176%-190% FPG
6% family co-pay
191%-205% FPG
7% family co-pay
206%-230% FPG
8% family co-pay
231% FPG-elig. limit
9% family co-pay
1
3,632
1,198
1,377
1,557
1,737
1,916
2,096
2,276
2,455
2,755
3,632
2
4,749
1,621
1,864
2,107
2,350
2,593
2,836
3,079
3,323
3,728
4,749
3
5,867
2,045
2,351
2,658
2,965
3,272
3,578
3,885
4,192
4,703
5,867
4
6,985
2,468
2,838
3,208
3,578
3,948
4,319
4,689
5,059
5,676
6,985
5
8,102
2,891
3,324
3,758
4,191
4,625
5,059
5,492
5,926
6,649
8,102
6
9,220
3,315
3,812
4,309
4,806
5,304
5,801
6,298
6,795
7,624
9,220
7
9,429
3,738
4,298
4,859
5,420
5,980
6,541
7,102
7,662
8,597
9,429
8
9,639
4,161
4,785
5,409
6,033
6,657
7,281
7,905
8,530
9,570
9,639
9
9,848
4,585
5,272
5,960
6,648
7,336
8,023
8,711
9,399
9,848
-
10
10,058
5,008
5,759
6,510
7,261
8,012
8,764
9,515
10,058
-
-
11
10,267
5,431
6,245
7,060
7,874
8,689
9,504
10,267
-
-
-
12
10,477
5,855
6,733
7,611
8,489
9,368
10,246
10,477
-
-
-
13
10,687
6,278
7,219
8,161
9,103
10,044
10,687
-
-
-
-
14
10,896
6,701
7,706
8,711
9,716
10,721
10,896
-
-
-
-
15
11,106
7,125
8,193
9,262
10,331
11,106
-
-
-
-
-
For each add'l, add
209
423
486
549
613
209
-
-
-
-
-
Instructions:
1.
				  Gross Income (GI) eligibility limit is at 85% of State Median Income
				  (SMI).
2. Compare GI with Income
				  Eligibility Limit to determine income eligibility.
3. If GI is less than or equal to the Income
				  Eligibility Limit, find the largest reimbursement rate for which the income
				  limit is greater than or equal to GI.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - 2023 EMERGENCY RULES RELATING TO CHILD CARE PAYMENTS UNDER CHAPTER 798.3 › Section 17-798.3-1 - Purpose and authority

Current through June, 2024
(a) The Department
				of Human Services finds that: The purpose of these emergency rules is to assist
				with the recovery efforts as a result of the wildfire emergency, and the
				following amendments are necessary to enable the department to provide relief
				to families who need child care payments due to the impact of the wildfire
				emergency and to assist these families with recovery.
(b) These emergency rules are authorized by
				sections 91-3,
				91-4, and
				346-14, HRS, and 45 Code of
				Federal Regulations (C.F.R.) Part 98 . They are related to and shall be read to
				be consistent with chapter
				798.3.
(c) 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 September 1, 2023, and
				shall be effective through December 31, 2023.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - 2023 EMERGENCY RULES RELATING TO CHILD CARE PAYMENTS UNDER CHAPTER 798.3 › Section 17-798.3-2 - Definitions

Current through June, 2024
All terms defined in chapter
				  17-798.3, shall have the same meaning
				  when used in these rules. Additionally, as used in these rules:
"Impacted family" means a family unit where at least one
				  adult caretaker has been affected by place of residence or employment for the
				  state declared wildfires emergency and needs child care to recover and rebuild
				  from the wildfire emergency.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - 2023 EMERGENCY RULES RELATING TO CHILD CARE PAYMENTS UNDER CHAPTER 798.3 › Section 17-798.3-3 - Scope

Current through June, 2024
(a) Notwithstanding any contrary provisions
				or limitations in chapter
				17-798.3, child care payments may be
				provided for an impacted family.
(b) An impacted family determined eligible
				for child care payments pursuant to these emergency rules shall remain eligible
				for the duration of the impacted family's allowable eligibility
				period.
(c) To receive child care
				payments under the provisions of these emergency rules, an application from an
				impacted family must be received by the department no later than October 31,
				2023 and the impacted family must meet all the eligibility requirements as of
				October 31, 2023, regardless of when the eligibility determination is
				made.
(d) Eligible impacted
				families may start to receive child care payments from the month that
				eligibility is determined under the provisions of these emergency rules subject
				to section 17-798.3-6(g).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - 2023 EMERGENCY RULES RELATING TO CHILD CARE PAYMENTS UNDER CHAPTER 798.3 › Section 17-798.3-4 - Eligibility requirements

Current through June, 2024
(a) For an impacted
				family, any caretaker shall not be subject to the requirements and condition of
				sections 17-798.3-9(b)(1), (2), (3), and
				(5); provided that the impacted family applies no later than October 31, 2023
				and meets the eligibility requirements as of October 31, 2023, regardless of
				when the eligibility determination is made.
(b) For an impacted family who does not have
				documentation to support the verification of sections
				17-798.3-9(a) and
				(b)(4), the department may allow for
				presumptively eligible payments pending receipt of the documentation within six
				months from application date; provided that payments shall end after six months
				if the caretaker fails to comply with this subsection, and payments shall not
				be considered an overpayment under section
				17-798.3-22(b).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - 2023 EMERGENCY RULES RELATING TO CHILD CARE PAYMENTS UNDER CHAPTER 798.3 › Section 17-798.3-5 - Income considered in eligibility determination

Current through June, 2024
An impacted family shall not be subject to the requirements
				  and conditions of section
				  17-798.3-10; provided that the
				  impacted family applies no later than October 31, 2023 and meets the
				  eligibility requirements as of October 31, 2023, regardless of when the
				  eligibility determination is made.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - 2023 EMERGENCY RULES RELATING TO CHILD CARE PAYMENTS UNDER CHAPTER 798.3 › Section 17-798.3-6 - Method of computing the family unit's copayment

Current through June, 2024
An impacted family shall not be subject to the co-payment
				  requirement established in section
				  17-798.3-14; provided that the
				  impacted family applies no later than October 31, 2023 and meets the
				  eligibility requirements as of October 31, 2023, regardless of when the
				  eligibility determination is made.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - 2023 EMERGENCY RULES RELATING TO CHILD CARE PAYMENTS UNDER CHAPTER 798.3 › Section 17-798.3-7 - Method of computing the need for care

Current through June, 2024
An impacted family shall not be subject to the requirement to
				  establish need for care established in section
				  17-798.3-15; provided that the
				  impacted family applies no later than October 31, 2023 and meets the
				  eligibility requirements as of October 31, 2023, regardless of when the
				  eligibility determination is made.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - 2023 EMERGENCY RULES RELATING TO CHILD CARE PAYMENTS UNDER CHAPTER 798.3 › Section 17-798.3-8 - Mandatory reporting

Current through June, 2024
An impacted family shall not be subject to the mandatory
				  reporting requirements established in sections
				  17-798.3-17(a)(1),(10), and
				  (11); provided that the family unit applies
				  no later than October 31, 2023 and meets eligibility requirements as of October
				  31, 2023, regardless of when the eligibility determination is
				  made.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - 2023 EMERGENCY RULES RELATING TO CHILD CARE PAYMENTS UNDER CHAPTER 798.3 › Section 17-798.3-9 - Re-determination of eligibility and payment amount

Current through June, 2024
An impacted family whose eligibility is redetermined pursuant
				  to these emergency rules shall not be subject to the requirements and
				  conditions of sections
				  17-798.3-18(c) and (d)(1) and
				  (2); provided that the impacted family
				  submits a simplified report form or contacts the department to review their
				  current circumstances and meets the eligibility requirements as of October 31,
				  2023, regardless of when the eligibility re-determination is
				  made.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-1 - Purpose

Current through June, 2024
Child care payments under this subchapter shall be for
					 early childhood services to low- and moderate-income families that contributes
					 to school readiness by providing up to two school years of experience in a
					 preschool program chosen by the child's caretaker prior to the child entering
					 kindergarten. The intent of the program is to provide child care payments to as
					 many eligible families as possible through the funding that is appropriated and
					 available for the State fiscal year.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-4 - Scope

Current through June, 2024
(a) Child care services shall 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;
				  and
(4) Health and nutritional
				  services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-5 - Application period

Current through June, 2024
(a) The department
				  shall establish an application period during the calendar year to accept
				  applications for the preschool open doors program for the ensuing State fiscal
				  year.
(b) Prior to the start of an
				  application period, the department shall issue a public notice to the general
				  public announcing the availability to apply for the program. The public notice
				  shall contain:
(1) The beginning and ending
				  dates of the application period;
(2) Information about how to obtain an
				  application; and
(3) Contact
				  information for additional information.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-6 - Application process

Current through June, 2024
(a) A request for
				  child care payments shall be submitted on an application form prescribed by the
				  department.
(b) The form shall be
				  dated and signed by the applicant under penalty of law that all the information
				  needed to establish eligibility for child care payments
,
as
				  stated on the form, is true and correct.
(c) The applicant shall be required to submit
				  copies of documents for verification of the information provided to establish
				  eligibility for the program.
(d)
				  The date of application shall be the date the signed and dated application form
				  is received by the department.
(e)
				  An application received outside of an open application period shall be subject
				  to 17-799-18(a)(2).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-7 - Priority of applications

Current through June, 2024
(a) Approved
				  applications shall be assigned to priority groups in the following order from
				  the highest priority to lowest.
(1) Children
				  who turned or will turn four years old between August 1 of the prior year
				  through December 31 of the prior year applying for the program for the
				  designated school year, have a completed Special Populations Referral form
				  prescribed by the department, are eligible to enter kindergarten at the start
				  of the following school year, and need child care assistance to attend
				  preschool;
(2) Children who will
				  turn four years old between January 1 through July 31 of the year applying for
				  the program for the designated school year, have a completed Special
				  Populations Referral form prescribed by the department, are eligible to enter
				  kindergarten at the start of the following school year, and need child care
				  assistance to attend preschool; and
(3) Children who will turn four years old
				  during the year applying for the program for the designated school year, are
				  eligible to enter kindergarten at the start of the following school year, and
				  need child care assistance to attend preschool,
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-8 - Family unit eligibility requirements

Current through June, 2024
(a) The department
				  shall verify that the child and caretaker meet the eligibility requirements as
				  described in this chapter.
(b) A
				  child eligible for child care payments shall reside with the eligible caretaker
				  and meet the priority application criteria in 17-799-7.
(c) A child receiving child care payments
				  under this chapter shall not be eligible to receive child care payments under
				  chapter 17-798.3 for the same preschool provider or same type of
				  care.
(d) A caretaker shall be
				  eligible for child care payments provided the caretaker has monthly gross
				  income verified through documentation that does not exceed:
(1) Eighty-five per cent of the State Median
				  Income for a family of the same size, using the Income Eligibility Limits as
				  established in Exhibit I, dated November 1, 2013, attached at the end of this
				  chapter; or
(2) Effective with the
				  2024-25 program year, three hundred per cent of the Federal Poverty Guidelines
				  for a family of the same size, which shall be updated annually on January 1 to
				  determine eligibility for the upcoming program year.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-9 - Income considered in eligibility determination

Current through June, 2024
(a)
				  Monthly gross income shall be used to determine income eligibility of the
				  family unit by using one of the following:
(1) The average of the prior two months gross
				  income for existing employment;
(2)
				  The monthly gross income received in the prior month for existing employment;
				  or
(3) The monthly gross income
				  that is anticipated to be received by the family unit, such as, but not limited
				  to, from prospective employment.
(A) Weekly
				  gross income anticipated to be received shall be converted to a monthly gross
				  income by multiplying the weekly income by 4.3333.
(B) Bi-weekly gross income anticipated to be
				  received shall be converted to monthly income by multiplying the biweekly
				  income by 2.1667.
(C) Semi-monthly
				  income anticipated to be received shall be converted to monthly income by
				  multiplying the semi-monthly income by 2.
(4) Gross income from the caretakers'
				  business or self-employment such as selling real estate, or engaging in fishing
				  and farming, which provide irregular income over a period of six months, may be
				  allowed to be averaged to determine the budget month amount.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-10 - Excluded monthly income

Current through June, 2024
The following types of income received in any given month
					 shall be excluded from consideration in determining income eligibility for
					 child care payments:
(1) Money
				  received from the sale of property such as stocks, bonds, a house, or a car
				  unless the person was engaged in the business of selling the property, in which
				  case, the net proceeds would be counted as self-employment income;
(2) Withdrawals of bank deposits;
(3) Loans;
(4) Gifts, including in-kind gifts such as
				  free room and board, when the gift is not a form of compensation in lieu of
				  wages or salary;
(5) Monies
				  received in the form of a nonrecurring lump sum payment including, but not
				  limited to, the following:
(A) Income tax
				  refunds, rebates, or credits;
(B)
				  Retroactive lump sum social security, SSI, public assistance, or unemployment
				  compensation benefits;
(C)
				  Retroactive annual adjustment payments in the veteran administration's (VA)
				  disability pensions;
(D) Lump sum
				  inheritances or insurance payments;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-11 - Program enrollment

Current through June, 2024
(a) The department
				  shall issue a designated form to as many approved priority applicants, as
				  established in subsection
				  17-799-7(c), that
				  can be enrolled for child care payments within the available state fiscal year
				  funding. The department shall also issue a designated form to waitlisted
				  approved priority applicants who meet the condition of subsection
				  17-799-17(f).
(b) The approved priority applicants shall
				  return the completed and signed designated form within twenty days from the
				  date of issuance to provide the name and address of the preschool and verify
				  the cost of the preschool.
(c) The
				  caretaker shall choose a preschool that meets the program qualifications in
				  17-799-12.
(d) The caretaker shall
				  ensure that a school readiness assessment conducted by the preschool is
				  submitted to the department.
(e)
				  Failure to comply with subsection (d) shall be subject to section
				  17-799-18.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-12 - Program qualifications for preschools

Current through June, 2024
A preschool chosen by a caretaker shall:
(1) Be limited for the purposes of this
				  chapter to:
(A) A group child care center that
				  is licensed by the department under chapter
				  17-892.1;
(B) A group child care home that is licensed
				  by the department under chapter
				  17-892.1; or
(C) An exempt center-based provider that is
				  listed with the department in accordance with chapter
				  17-800;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-12.1 - Accreditation requirements

Current through June, 2024
(a) A preschool
				  that accepts enrollment of an eligible child approved to receive a subsidy
				  under this chapter shall be accredited, or shall obtain accreditation within
				  seven years of first accepting enrollment of an eligible child approved to
				  receive child care payments under this chapter; provided that a preschool that
				  existed prior to July 1, 2022, and is unaccredited as of July 1, 2022, shall
				  commence the accreditation process no later than July 1, 2029, and shall obtain
				  accreditation by July 1, 2034;
(b)
				  Accreditation shall be obtained from one of the following national early
				  learning accrediting organizations:
(1)
				  National Association for the Education of Young Children;
(2) National Early Childhood Program
				  Accreditation;
(3) National
				  Association for Family Child Care; or
(4) An accrediting organization approved by
				  the director of the department; provided that the accrediting organization has
				  standards comparable to the organizations specified in paragraphs (1) through
				  (3).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-13 - Child care rates

Current through June, 2024
(a) Child care
				  payment rates shall be the following, effective September 1, 2017, based on
				  types of care:
(1) $919 for accredited
				  licensed and accredited license-exempt group child care center preschool;
				  and
(2) $795 for non-accredited
				  licensed and non-accredited license-exempt group child care center preschool,
				  and group child care home.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-13.1 - Method of computing family unit's co-payment

Current through June, 2024
Effective with the 2024-25 program year, the following
					 steps shall be used to compute the family unit's co-payment:
(1) Determine the monthly gross income for
				  the family unit;
(2) Identify the
				  family unit size;
(3) Determine the
				  family unit's co-payment tier based on the co-payment tier established in
				  Exhibit II, attached at the end of this chapter; and
(4) Multiply the family unit's co-payment
				  tier by the monthly gross income for the family unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-14 - Method of computing child care payment

Current through June, 2024
(a) Child care
				  payment shall be computed based on:
(1)
				  Monthly gross income based on household size;
(2) The preschool chosen by the family
				  unit;
(3) The actual cost of child
				  care selected; and
(4) The type of
				  child care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-15 - Child care payments

Current through June, 2024
(a) Payment for
				  child care shall be issued one month at a time and paid to the caretaker;
				  provided that a caretaker may choose to have the child care payment forwarded
				  by the department as a direct deposit from the caretaker's account to the
				  preschool, if the preschool agrees to accept the direct payment and registers
				  an account with the department's payment system.
(b) Child care payments include:
(1) A one-time only payment in a State fiscal
				  year for registration, which may also include supply and activity fees,
				  required by the facility, not to exceed $125.00; and
(2) Monthly cost of child care per child, as
				  paid, but not to exceed the child care rates specified in section
				  17-799-13.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-16 - Mandatory reporting

Current through June, 2024
(a) A recipient of
				  child care payments shall be responsible to report the following changes to the
				  department within ten calendar days of occurrence:
(1) Preschool child is attending;
(2) Cost of care;
(3) Child care type; or
(4) Child is no longer attending
				  preschool.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-17 - Waitlisted applicants

Current through June, 2024
(a) If an
				  application has been approved but all available funds have been obligated, the
				  applicant shall be placed on a prioritized waitlist that shall follow the
				  priority methodology established in section
				  17-799-7.
(b) Waitlisted applicants shall be provided
				  written notification as referenced in subsection
				  17-799-19(b).
(c) While on the waitlist, the applicant may
				  be required to update information contained in the application.
(d) Availability of funding shall be
				  reevaluated periodically by the department during the State fiscal year to
				  determine if funding is available to enroll waitlisted applicants.
(e) Upon determining funds are available, the
				  department shall select waitlisted applicants by priority, and provide
				  notification of program enrollment as established in section
				  17-799-19.
(f) Waitlisted applicants selected for
				  program enrollment shall meet all eligibility requirements as established in
				  section 17-799-8.
(g) Eligibility for the initial payment shall
				  be the later of:
(1) The month that
				  requirements of section
				  17-799-11(b) are
				  met; or
(2) The eligible child's
				  first month of preschool.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-18 - Denial, reduction, suspension, or termination of child care

Current through June, 2024
(a) Child care payments may be denied,
				  reduced, suspended, or terminated when:
(1)
				  The caretaker does not complete the process of application or determination of
				  eligibility within the open application period, or withdraws the
				  application;
(2) The caretaker
				  submits an application outside the open application period;
(3) The caretaker does not sign and date the
				  application form prescribed by the department;
(4) The caretaker does not submit a completed
				  application form prescribed by the department;
(5) The caretaker does not submit verifying
				  documentation requested by the department;
(6) The child does not meet the eligibility
				  requirements referenced in subsection
				  17-799-8(b) or
				  (c);
(7) The caretaker does not meet the
				  eligibility requirements referenced in subsection
				  17-799-8(d);
(8) The preschool does not meet program
				  qualification requirements referenced in subsection 17-799-12;
(9) Conditions initially present in the
				  family unit situation have changed and child care is no longer
				  needed;
(10) The family unit has
				  not used authorized care;
(11) The
				  child has absences that are unexcused for more than five consecutive
				  days;
(12) The caretaker
				  voluntarily requests discontinuance of child care payments;
(13) The caretaker and the child are unable
				  to use child care and another service must be planned for;
(14) The caretaker fails to comply with
				  mandatory reporting requirements;
(15) The family unit is no longer eligible
				  for child care payments;
(16) The
				  family unit cannot be located;
(17)
				  The family unit fails to utilize child care payments in accordance with
				  subsection
				  17-799-4(c) and
				  does not reconcile the resulting overpayments in accordance with section
				  17-799-21;
(18) The caretaker fails to comply with
				  requirements referenced in subsection
				  17-799-11(b);
				  or
(19) The department determines
				  pursuant to section
				  17-799-22 that there are
				  insufficient funds to maintain all children receiving care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-19 - Notices

Current through June, 2024
(a) The department shall provide a written
				  notice to applicants and recipients about their eligibility status that shall
				  contain:
(1) A statement of the action
				  taken;
(2) The reasons for the
				  action;
(3) The specific rules
				  supporting the action; and
(4) The
				  right to appeal the action of the department through established administrative
				  appeals procedures, when applicable.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-20 - Administrative appeal requests

Current through June, 2024
(a) A caretaker may
				  file a written request for an administrative appeal, in accordance with the
				  provisions set forth in chapter
				  17-602.1, when the family unit
				  disagrees with the department's adverse action to deny, reduce, suspend, or
				  terminate payment, or with the department's determination of an overpayment,
				  except in the case of sections
				  17-799-17 or
				  17-799-18(a)(19).
(b) Child care payments shall not continue
				  during the appeal process.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 799 - PRESCHOOL OPEN DOORS (POD) › Subchapter 1 - GENERAL PROVISIONS › Section 17-799-21 - Underpayments and overpayments

Current through June, 2024
(a) Underpayments
				  shall be processed as follows:
(1) Prompt
				  action shall be taken to correct any underpayment to a currently eligible
				  caretaker who would have received a greater payment if an error by the
				  department had not occurred.
(2) If
				  a caretaker has both an overpayment and an underpayment, the overpayment and
				  underpayment shall be offset one against the other in correcting the
				  payment.