Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 891.2 - REGISTRATION OF FAMILY CHILD CARE HOMES › Subchapter 1 - REGISTRATION PROCEDURE › Section 17-891.2-1 - Definitions

Current through June, 2024
For the purpose of this chapter:
"After school care" means child care provided after the end
					 of the regular school day during the academic year for children who are
					 kindergarten age and above who are enrolled in public or private elementary
					 schools.
"Applicant" means the person who applied for registration
					 of their family child care home and includes this person's spouse.
"Background check" means a review of a person's background
					 information pursuant to chapter
					 17-801.
"Before school care" means child care provided before the
					 start of the regular school day during the academic year for eligible children
					 kindergarten 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.
"Certificate of Registration or license" means a
					 certificate of approval issued by the state department of human services
					 authorizing the operation of a family child care facility.
"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 center" or "group child care center" means a
					 place other than a private home, 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, after or before school, holiday, and summer care for elementary school
					 age children, 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.
"Child development associate" or "CDA" means the credential
					 issued by the Council for Professional Recognition.
"Child with special needs" means a child with a condition
					 such as a physical, emotional, behavioral, or learning disability or impairment
					 that causes the child to require additional or specialized services or
					 accommodations.
"Compliance" means conformity in fulfilling formal or
					 official requirements of this chapter.
"Council for Professional Recognition" means the
					 organization that administers the CDA credential.
"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 registration rules.
"Drop-in care" means child care where children are
					 permitted to arrive and leave at irregular, nonscheduled 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 the premises of the address that is on the
					 application or certificate of registration for child care, or that are a part
					 of a place in which child care is provided, including enclosed areas, lanais,
					 and outdoor areas.
"Family child care home" or "family child care" or "FCC"
					 means any private residence at which care is provided to six or fewer children
					 at any given time, as defined in section
					 346-151, HRS.
"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 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" 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.
"Guardian" means a person other than a child's parents who
					 has legal authority over and responsibility for a child.
"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 children who are 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.
"Liability insurance coverage" means a general casualty
					 insurance policy issued to insure against legal liability for injury resulting
					 from negligence to a child during the time the child is under the provider's
					 care.
"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 special 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
					 permit quick and safe exits upon emergencies (e.g. push bars and
					 plates).
"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.
"Policy" means a principal plan for the management of a
					 child care facility.
"Provider" means any individual 18 years or older,
					 caregiver, child care facility, agency, or organization, exempt care providers,
					 and adult employees, who provide child care to children in the absence of the
					 child's caretaker.
"Provisional license," "provisional certificate of
					 registration," or "temporary permit" means a temporary certificate of
					 registration issued at the discretion of the department up to a period of six
					 months to any child care facility that is unable to conform to all the rules at
					 the time the certificate of registration is issued.
"Qualified nutrition consultant" means a dietician or
					 nutritionist who meets the advanced educational requirements for membership in
					 the American Dietetic Association and is eligible for registration; or one who
					 has a master's degree in public health nutrition or nutritional
					 sciences.
"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.
"Regular license" means a certificate of approval issued by
					 the state department of human services to the registered family child care
					 facility which conforms to all the rules at the time the certificate 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 administrative, child care, office,
					 maintenance, employees, adult household members, and other support personnel
					 who are employed by the child care facility, including volunteers and
					 substitutes.
"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
					 when another caregiver is absent.
"Supervision" means the act of being within sight or
					 hearing distance of the children to insure the safety and protection of the
					 children.
"Temporary permit" means the same as provisional
					 license.
"USDA child care food program" means the food standards
					 established by the United States Department of Agriculture.
"Volunteer" means a person working or offering services to
					 a child care facility without remuneration, except for reimbursable personal
					 expenses allowed by the caregivers