Haw. Code R. § 17-801-2
For the purpose of this chapter:
"Adult abuse perpetrator check" means a search to determine whether an individual is known to the department as a perpetrator of abuse as defined in section 346-222, Hawaii Revised Statutes (HRS), by means of a search of the individual's name and birth date in the department's adult protective services file.
"Applicant" means the person who applied for licensure of a group child care center, group child care home, or registration of their family child care home, and for group homes and family homes includes this person's spouse.
"Background checks" means a criminal history record check which includes a Federal Bureau of Investigation fingerprint check, the state criminal record registry or database check, state sex offender registry check and national sex offender public website check, state child abuse and neglect registry check, adult abuse perpetrator registry check, employment history check, and other information obtained by the department regarding the person's ability or suitability to provide child care.
"Caregiver" means any individual who is responsible for the physical well-being, health, safety, supervision, and guidance of children in a child care facility or exempt child care facility.
"Child" means any person who has not reached the age of eighteen years.
"Child care" means those situations in which a person, child care provider, child care facility, or exempt child care facility has agreed to assume the responsibility for the child's supervision, apart from and in the absence of the parent, guardian, or caretaker for any part of a twenty-four-hour day. Child care may be provided out of the child's home in out-of-home relative care, in the child's home by relatives or non-relatives, in a child care facility or an exempt child care facility.
"Child care center" or "group child care center" means a place 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, 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.
"Department" means the department of human services or its designee.
"Exempt care" means child care which is exempt from licensure or registration by the department under HRS § 346-152.
"Exempt child care facility" means a place that child care is conducted which is legally-exempt in accordance with section 346-152, HRS, and includes exempt center-based providers pursuant to chapter 17-800.
"Family child care home," "family child care," or "FCC" means any private residence at which care may be provided for six or fewer children at any given time, as defined in section 346-151, HRS.
"Group child care center" means a facility, other than a private home, at which care is provided, as defined in HRS § 346-151. The term may include nurseries; infant and toddler centers for children ages six weeks to thirty-six months, preschools; parent cooperatives; drop-in child care centers; before-school and after-school programs; holiday, intersession and summer care for eligible school age children; or other similar care settings that are established to provide group care to a child for any part of a twenty-four-hour day and is license-exempt or licensed by the department.
"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.
"License" means a certificate of approval issued by the department authorizing the operation of a group child care center or group child care home.
"New hire" means an applicant or prospective employee of a child care facility or exempt child care facility who is seeking to operate or be employed in a child care facility or exempt child care facility for the first time in the state of Hawaii.
"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.
"Provider" means an individual 18 years or older, caregiver, child care facility, exempt child care facility, agency, or organization, exempt care providers, and staff members, who provide child care to children in the absence of the child's caretaker.
"Registration" means a certificate of approval issued by the department authorizing the operation of a family child care home.
"Rehire" means an applicant or prospective employee of a child care facility or exempt child care facility who is seeking to operate or be employed in a child care facility or exempt child care facility following separation from employment of one hundred eighty consecutive days or more and who has been out of state during this break in employment.
"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.
"Staff member" means administrative, child care, office, maintenance, employees, and volunteers of a child care facility or exempt child care facility.
"Substitute" means a person who serves as a replacement caregiver for no more than ten consecutive working days in the same position when another caregiver is absent on an emergency or unplanned basis.
"Supervision" means to be within sight or hearing distance of the children to ensure the safety and protection of the children.
"Temporary hire" means a person who serves as a replacement when another caregiver is absent on a planned basis.
"Volunteer" means a person working or offering services to a child care facility or exempt child care facility without remuneration, except for reimbursable personal expenses allowed by the caregivers.
Haw. Code R. § 17-801-2