Section 17-1621-11 - Safety(a) Prospective legal guardians, and other adult household members, shall submit statements signed under penalty of law indicating whether they were ever convicted of a crime, and provide consents to conduct criminal history record checks, child abuse and neglect (CA/N) registry checks, background checks, and any other checks as may be required by the department or state or federal law. Such information and consents shall be given upon forms supplied by the department.(b) The department shall conduct criminal history record checks, child abuse and neglect (CA/N) registry checks, background checks, and any other checks deemed necessary of the prospective legal guardians and other adult household members. (1) The fingerprint-based FBI clearances for the prospective legal guardians and adult household members shall be completed in accordance with federal and state statutes and departmental procedures.(2) The check of the state's child abuse and neglect registry for all adult household members, including the registries in states where an adult resided within the preceding five years, shall be completed in accordance with federal and state statutes and departmental procedures.(c) The prospective legal guardians and other adult household members shall not have any of the following: (1) A felony conviction, at any time, for child abuse or neglect, for spousal abuse, for a crime against children (including child pornography), or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or(2) A felony conviction, within the last five years, for physical assault, battery, or a drug-related offense;(3) Convictions of any other crimes, the circumstances of which indicate that the prospective legal guardian or adult household member poses a risk to the health, safety, or well-being of children;(4) Except for felony convictions listed in paragraphs (1) and (2), the type of criminal offense, when it occurred, and evidence of rehabilitation may be considered in determining whether the criminal history poses a risk to the health, safety, or well-being of children. A single item of evidence, however, may not be conclusive evidence of rehabilitation;(5) An employment history indicating violence, alcohol or drug abuse, and any other violation of employer rule or policy, the circumstances of which indicate that the prospective legal guardian or adult household member may pose a risk to the health, safety, or well-being of children;(6) Background information which shows that the prospective legal guardian or adult household member has been identified as and confirmed to be the maltreater of child abuse or neglect or whose parental rights were terminated, may be a basis for denial unless there is a determination by the department that the individual has established clear and convincing evidence of rehabilitation and the individual has demonstrated the ability to provide a safe family home for the child or children, or the individual does not pose a risk to the health, safety, or well-being of a child or children in the home.Haw. Code R. § 17-1621-11
[Eff DEC 09 2010] (Auth: HRS § 346-14) (Imp: HRS § 346-12; 45 CFR §1356.21; 42 USC §§671, 673, 674, 675; P.I. ACYF-CB-PI-08-007; P.L. 110-351 )