Section 17-891.2-3 - Inspection and issuance of certificate of registration(a) In exercising its authority to register family child care homes or renew, suspend, or revoke the certificate of registration, the department shall analyze the qualifications of providers of child care, review the home's written policies and program provisions, and inspect the home. Authorized representatives of the department and parents or guardians of children in care may visit a family child care home at any time during the hours of child care operation for purposes of observing, monitoring, and inspecting the facilities, activities, staffing, and during investigations of complaints against the facility, and other aspects of the child care home. The department may call on political subdivisions and governmental agencies for appropriate assistance within the agencies' authorized fields.(b) The applicant or registrant shall cooperate with the department by providing access to its facilities, records, and staff. Failure to comply with reasonable requests may constitute grounds for denial, suspension, or revocation of the certificate of registration.(c) After the initial registration, the registrant shall ensure that staff members comply with section 17-891.2-2 (a) (4) within five working days of hire by the family child care home or residence in the family child care home. (1) New staff members shall meet the conditions in section 17-801-5 prior to starting employment or volunteering in the family child care home.(2) An applicant, staff member, or rehired staff member, who has left the state or no longer doing child care for a period of one hundred eighty consecutive days or more, shall comply with sections 17-801-5(a), 17-801-5(b) and 17-801-5(c).(3) New household members of family child care homes shall meet the conditions in section 17-801-5.(d) Annual background checks shall be conducted. The applicants and staff members shall provide consent to the department to conduct a background check in accordance with chapter 17-801 no later than the anniversary date of the last consent to conduct a background check.(e) The department shall request the applicant or registrant to terminate the employment or residence of a staff member determined to be not suitable to provide child care for children in accordance with chapter 17-801.(f) The applicant or registrant shall comply with the conditions set forth in section 17-801-6(b) (2).(g) The department shall request the applicant or registrant to exclude from the premises, the person who is the subject of an on-going or pending criminal. child welfare, or department investigation in accordance with chapter 17-801.(h) The applicant or registrant shall comply with the conditions set forth in section 17-801-6(c) (2).(i) Rules prescribed in this chapter are minimum standards. The department shall issue a certificate of registration under the following conditions:(1) A regular certificate of registration shall be issued if the result of the department's evaluation indicates compliance with the applicable rules as established by the department; or(2) A provisional certificate of registration shall be issued if the result of the department's evaluation indicates that all of the applicable rules cannot be met immediately but shall be met within six months or less, and the deviations do not threaten the health or safety of the children.(j) The length of the registration period shall be as follows:(1) For new applicants and those providers who have been registered for less than four years, the registration period is one year, and for all other providers the registration period may be two years, unless subsequently suspended or revoked.(2) During a registration period, a provider may be issued more than one certificate of registration which may include a provisional certificate of registration followed by a regular certificate of registration. When this occurs, the total length of a registration period shall be according to paragraph (1).(3) A provisional certificate of registration may be issued for six months; and(4) A certificate of registration shall be renewed for a new registration period only upon application and upon the department's approval. An application shall be submitted to the department at least ninety days prior to the expiration of the registration period.(k) Each regular certificate of registration and provisional certificate of registration shall clearly state the kind of program the registrant is permitted to operate, the address of the registrant, and the number and types of children who can be cared for at the facility.(l) A certificate of registration shall be valid for:(1) One year for new applicants and for those who have been registered for less than four years; and(2) Two years for those who have been registered for four years or more; unless sooner revoked.Haw. Code R. § 17-891.2-3
[Eff 9/22/2023] (Auth: HRS §346-172) (Imp: HRS §§346-154, 346-156, 346-171, 346-172, 346-173, 346-175; 42 U.S.C. §§ 2002, 2005, 5751, 9833)