Haw. Code R. § 11-148.1-46

Current through November, 2024

Section 11-148.1-46 - Background checks

(a) Applicants, certified caregivers, and substitute caregivers shall show evidence of being well-adjusted persons, capable of accepting, understanding, and caring for adults with I/DD and working with the certifying agency.

(b) All adult household members shall be of reputable character and shall not have a criminal history record or background which poses a risk to the adult with I/DD;

(c) The following are subject to background checks conducted by the department or its designee:

(1) Each applicant;

(2) Each certified caregiver;

(3) All substitute caregivers;

(4) All adult household members; and

(5) Any direct patient access employee as defined in section 321-15.2, HRS.

(d) A person subject to background checks as provided in subsection (c) may be disqualified as an applicant, certified caregiver, or substitute caregiver, be prohibited from entering an adult foster home, and be prohibited from having any responsibility for caring for adults with I/DD if the person has:

(1) A felony conviction;

(2) A misdemeanor or felony conviction related to the use, possession, or distribution of drugs or intoxicating compounds;

(3) A conviction for a crime involving violence;

(4) Background information which shows that the individual has been identified as and substantiated to be the perpetrator of adult or child abuse and neglect;

(5) Any offense described in 42 United States Code § 1320a-7; or

(6) Any other background history that the department finds would pose a risk to the health, safety, or well-being of an adult with I/DD, considering the nature of the incident, the time elapsed since the incident occurred, and evidence of rehabilitation.

(e) Each person undergoing a background check shall provide written consent and all applicable processing fees to the department or its designee to conduct the background check.

(f) All certified caregivers shall notify the certifying agency immediately of any arrest or conviction for an offense listed in subsection (d).

Haw. Code R. § 11-148.1-46

[Eff 8/2/2021] (Auth: HRS §§ 321-9, 321-11.2, 321-15.2) (Imp: HRS §§ 321-11.2, 321-15.2. 846-2.7, 42 U.S.C. § 1320a-7)