Section 17-800-10 - General eligibility requirements(a) An exempt center-based provider who meets the requirements of this chapter and is on the department's listing may be authorized as a provider for a child whose family unit receives child care payments pursuant to chapters 17-798.3 or 17-799.(b) In order to be on the department's listing, an exempt center-based provider shall meet the following requirements: (1) Afford caretakers unlimited access to their children, including written records concerning their children, during normal hours of provider operation and whenever children are in the care of the provider;(2) Operate as an exempt center-based provider in accordance with section 346-152, HRS;(3) Complete background checks for all persons required in accordance with chapter 17-801;(4) Ensure that each caregiver, within forty-five days of hire, satisfactorily completes and provides written evidence to the department to show completion of trainings as required by the department which includes but is not limited to:(A) An initial training in health and safety standards that is approved by the department prior to caring for an eligible child under chapters 17-798.3 or 17-799;(B) Safe sleep training that is approved by the department prior to caring for an eligible child who is less than one year of age, until no children in care are less than one year of age, and on an annual basis; and(C) A minimum of eight hours of training within one year of completion of the initial training as described in subparagraph (A), and completed annually thereafter, as prescribed by the department, in at least two of the following approved topic areas: (i) Physical care of the young child; (ii) Care of the sick child;(iv) Child growth and development;(v) Children with special needs;(vi) Learning activities and play;(viii) Managing challenging behaviors;(ix) Prevention of child maltreatment and abuse;(x) First aid and child cardiopulmonary resuscitation;(xi) Physical environment;(xiii) Child care business or program management; or(xiv) Community resources; and(xv) Training under section 17-800-10(b)(4)(B), when applicable;(5) Submit to initial, annual, and on-going monitoring inspections where care is being provided, to ensure compliance with the requirements of subchapters 3 and 4 as follows: (A) The department shall assess the qualifications of exempt center-based providers, the staff members, employees, volunteers, and substitutes and inspect the premises.(B) All exempt center-based providers listed with the department shall cooperate with the department by providing access to the premises, records, and staff.(C) Failure to comply with reasonable requests may constitute grounds for removal from the department's listing and for the department to determine that the exempt center-based provider is not authorized to care for an eligible child pursuant to chapters 17-798.3 or 17-799;(6) Agree to report to the department, within one working day of occurrence, the death of a child or staff, or any serious injury received at the exempt center-based provider facility that resulted in a child's hospitalization;(7) Report to the department within ten calendar days of occurrence, any of the following: (A) Change in contact telephone number;(B) Change in the address where the child care is being conducted; or(C) Change in the staff, employees, substitutes, or volunteers who provide care to children;(8) Agree to notify all parents of children in care when there are deficiencies as determined by the department for requirements under subchapters 3 or 4;(9) Have procedures for reporting any suspected child abuse or neglect in accordance with section 350-1.1, HRS;(10) Have a written policies and procedures for suspension and expulsion of children which includes the following: (A) The conditions under which a child may be suspended or expelled, if applicable;(B) Sufficient timeframe before suspension or expulsion to enable parents to make alternative child care arrangements or to take the necessary action to allow the child to remain enrolled, except as specified in subparagraph (C);(C) Conditions that may warrant immediate expulsion such as imminent danger to the health, welfare, or safety of the children or staff;(D) Parents and guardians are provided written notification of any concerns that could lead to the child's expulsion;(E) When expulsion occurs, the provider shall maintain a record of the conditions, parental notification, and action taken; and(F) Other policies which may be required by the department;(11) Make available written policies for review by parents or guardians at the time of enrollment of a child; and(12) Notify parents or guardians and the department of any changes in the child care services it provides as follows: (A) Written notification of changes in the services offered shall be provided to the department and to parents or guardians of children enrolled in the facility; and(B) Notification of any changes in service shall be made no later than thirty days before the date of the change and all changes shall be included in the facility's operating policies.(c) All exempt center-based providers shall report any suspected child abuse or neglect in accordance with section 350-1.1, HRS.(d) If the department receives information that the exempt center-based provider that is on the department's list is in violation of subchapters 3 or 4, or that the provider is conducting child care in violation of section 346-152, HRS, the department will conduct an investigation, including an inspection of the child care facility. The exempt center-based provider shall immediately be removed from the department's listing in accordance with section 17-800-5(e) until the department has completed its investigation and determined the exempt center-based provider is in compliance with section 346-152, HRS, or subchapters 3 or 4, or any legal disposition is completed and the department has placed the exempt center-based provider on the department's listing.[Eff 8/6/2021] (Auth: HRS §§ 346-14 and 346-152.5) (Imp: HRS §§ 346-14 and 346-152.5; 45 C.F.R. Part 98)