Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 148.1 - CERTIFICATION OF ADULT FOSTER HOMES
Subchapter 1 - GENERAL PROVISIONS
Section 11-148.1-2 - Definitions

As used in this chapter:

"Adult foster home" shall have the same meaning as defined in section 321-11.2, Hawaii Revised Statutes (HRS).

"Adult with intellectual or developmental disabilities" or "adult with I/DD" means any adult with intellectual or developmental disabilities, age eighteen years or older, who is not related to the certified caregiver and has been deemed eligible for services by the division.

"Adult residential care home" shall have the same meaning as defined in section 321-15.1, HRS.

"Applicant" means any person age twenty-one years or older who applies for a certificate of approval.

"Background check" shall have the same meaning as defined in section 321-15.2, HRS.

"Boarding house" means a private home or commercial facility that provides food and lodging for paying residents. Boarding house recipients are not cared for as a family member and typically do not share in the activities and responsibilities of the operator's family.

"Case management branch" means the department of health, developmental disabilities division, case management branch.

"Certificate of approval" means a certificate issued by the department's certifying agency authorizing the certified caregiver to operate an adult foster home.

"Certified caregiver" shall have the same meaning as defined in section 321-11.2, HRS.

"Certifying agency" means the department of health, developmental disabilities division, certification unit which has the responsibility and authority to establish and enforce standards of condition, management and competence, and to issue certificates as described in this chapter.

"Department" means the department of health.

"Developmental disabilities" shall have the same meaning as defined in section 333F-1, HRS.

"Director" means the director of health.

"Division" means the department of health, developmental disabilities division.

"Dual certification" means an existing licensed child foster home under section 346-17, HRS, who applies for and receives a certificate to operate an adult foster home that is certified specifically for the child with intellectual or developmental disabilities who reaches the age of eighteen years.

"Household member" means all individuals residing in the adult foster home, including the certified caregiver(s).

"Individualized service plan" shall have the same meaning as defined in section 333F-1, HRS.

"Intellectual disability" shall have the same meaning as defined in section 333F-1, HRS.

"Potable water" means water which conforms to the Safe Drinking Water Act standards set forth by the United States Environmental Protection Agency (EPA) and the State of Hawaii.

"Provisional certificate" means a temporary certificate that may be issued by the certifying agency if the certified caregiver is unable to correct deficiencies within the time frame specified by the certifying agency.

"Related" shall have the same meaning as defined in section 321-11.2, HRS.

"Residency agreement" means an agreement between the adult with I/DD or the legal representative of the adult with I/DD and the certified caregiver that outlines the rights and responsibilities between both parties, including protections that address eviction and discharge processes comparable to those provided under chapter 521, HRS.

"Residential care facility" means a licensed adult residential care home as defined in section 32115.1, HRS; expanded adult residential care home as defined in section 321-15.1, HRS; developmental disabilities domiciliary home as defined in section 321-15.9, HRS; assisted living facility as defined in section 323D-2, HRS; intermediate care facility for individuals with intellectual disabilities as defined in 42 C.F.R. § 440.150; resource family home as defined in section 346-16, HRS; or community care foster family home as defined in section 321-481, HRS.

"Rooming house" means a commercial residential facility which provides living quarters to paying residents apart from those occupied by the rooming house operator. Residents may share facilities such as a kitchen and bathroom, but rooming house recipients are not cared for as a family member and typically do not share in the activities and responsibilities of the operator's family.

"Self-preserve" means the mental and physical capacity to follow instructions and evacuate from a facility safely without human assistance in emergency situations.

"Substitute caregiver" means an individual twenty-one years of age or older approved by the certifying agency to provide care, training, and supervision to the adult with I/DD and who temporarily takes charge of the foster home in the absence of the certified caregiver.