Section 17-895.1-3 - Inspection and issuance of license(a) In exercising its authority to license child care facilities or renew, suspend, or revoke the license, the department shall analyze the qualifications of providers of child care, review the facility's written policies and program provisions, and inspect the child care facility. Authorized representatives of the department and parents or guardians of the children in care may visit a child care facility at any time during the hours of 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 facility. The department may call on political subdivisions and governmental agencies for appropriate assistance within the agencies' authorized fields.(b) The applicant or licensee 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 license.(c) After the initial licensure, the licensee shall ensure that new staff members comply with section 17-895.1-2(a)(4) within five working days of hire by the child care facility. (1) New staff members shall meet the conditions in sections 17-801-5(a) and 17-801-5(b) prior to starting employment or volunteering at the child care facility.(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). (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 licensee to terminate the employment 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 licensee shall comply with the conditions set forth in section 17-801-6(b)(2).(g) The department shall request the applicant or licensee 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 licensee shall comply with the conditions set forth in section 17-801-6(c)(2).(i) Rules prescribed herein are minimum standards. The department shall issue a license under the following conditions: (1) A regular license certificate 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 license certificate 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 are minor deficiencies.(j) The length of the licensing period shall be as follows: (1) For new applicants and those providers licensed for less than four years, the licensing period is one year and for all other providers the licensing period may be two years, unless subsequently suspended or revoked.(2) During a licensing period, a provider may be issued more than one license certificate which may include a provisional license certificate followed by a regular license certificate. When this occurs, the total length of a licensing period shall be according to subsection (1).(3) A provisional license may be issued for up to six months; and(4) A license shall be renewed for a new licensing 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 licensing period.(k) Each regular license and provisional license shall clearly state the kind of program the licensee is permitted to operate, the address of the licensee, and the number and types of children who can be cared for at the facility.(l) A license certificate shall be valid for: (1) One year for new applicants and for those who have been licensed for less than four years; and(2) Two years for those who have been licensed for four years or more; unless sooner revoked.Haw. Code R. § 17-895.1-3
[Eff 11/3/2023] (Auth: NOV 3 2023] HRS §346-162) (Imp: HRS §§346-156, 346-161, 346-163, 346-164, 346-165; 42 U.S.C. §§ 2002, 2005)