Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 798.2 - CHILD CARE SERVICES
Subchapter 1 - GENERAL PROVISIONS
Section 17-798.2-9 - Eligibility requirements

(A) Individuals who are licensed by the department, or organizations under the authority of the department, as foster parents; or

(B) Family units receiving child protective services; and

(A) Is engaged in employment in exchange for wages or salary;

(B) Has a written offer of employment that is scheduled to start within two weeks;

(C) Needs child care for up to thirty calendar days during a break in employment, if employment is scheduled to resume within thirty calendar days;

(D) Needs up to thirty consecutive days in a twelve-month period for the caretaker with or without a work history to job search, when there is no one to care for the child, not to exceed the maximum child care rates as provided under section 17-798.2-12;

(E) Is enrolled in and attends an educational program or job training, vocational or employment training. This includes the break time between classes for the day;

(F) Is participating in the FTW program or a treatment program as required by section 17-656.1-10, except for a participant in the Food Stamp Employment and Training program, and the FTW participant is involved in the required activities written in the FTW employment or individualized service plan;

(G) Is receiving child protective services, and the need for child care is specified in the family unit's case plan as ordered by the court;

(H) Is in a two-parent family unit where one of the caretakers is in an approved activity and the other caretaker is determined to have a disability which prevents the caretakers from providing care for their own child. Proof of disability and inability to provide care of the caretaker's own eligible child shall be verified by the written report of a State-licensed physician, psychologist, or psychiatrist. In the case of a temporary disability, the written report shall be submitted every two months, and in the case of a permanent disability, the written report shall be submitted every six months;

(I) Is a caretaker participating in an approved activity and has a temporary disability that prevents him or her from engaging in that activity and providing care for his or her own child until the activity can be resumed. Proof of the temporary disability condition and duration, and inability to care for the caretaker's own child, shall be verified by the written report of a State-licensed physician, psychologist, or psychiatrist. The written report shall be reviewed every thirty days;

(J) Is a caretaker whose child is approved for participation in the Preschool Open Doors program; or

(K) Is a caretaker under age eighteen years who meets any eligibility condition cited in section 17-798.2-9(b)(2)(A) through (J), retains custody of his or her own child, and does not reside in the same household with his or her adult caretaker.

(A) Be eighteen years old or older;

(B) Afford caretakers unlimited access to their children, including written records concerning their children, during normal hours of provider operation and whenever the children are in the care of the provider;

(C) Be a department regulated or license-exempt child care provider, including in-home care providers. License-exempt providers shall be listed with the department and shall submit a written statement to the department that shall attest to their:

(D) Have no known history of child abuse or neglect, physical, psychological or psychiatric problems, or criminal convictions that may adversely affect or interfere with the care of children;

(E) Provide consent, on forms supplied by the department, to conduct a background check. The background check shall be conducted in accord with sections 17-891.1-3, 17-892.1-3, 17-895-3, or 17-896-3;

(F) Provide consent, on forms supplied by the department, to conduct an additional fingerprint check through the Federal Bureau of Investigations (FBI), except for the child's grandparents, great-grandparents, siblings living in a separate residence and who are at least eighteen years old, and aunts or uncles;

(G) Be free of tuberculosis as indicated by a skin test or chest x-ray completed within the last twenty-four months of child care; and

(H) Have a child care facility or home with an installed smoke detector, unobstructed emergency exits, and an emergency exit plan.

(A) Parents, biological or legal;

(B) Step-parents living in the household;

(C) Guardians, or members of the family unit that receives government financial assistance payments, including essential persons;

(D) Providers who are not in compliance with State or county regulatory requirements;

(E) Individuals under the age of eighteen years;

(F) Other individuals determined by the department to pose a risk to the health and safety of the child;

(G) A sibling of the child needing care who resides in the same home as the child; or

(H) A caretaker.