Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 800 - REQUIREMENTS FOR LISTING OF EXEMPT CENTER-BASED PROVIDERS
Subchapter 1 - LISTING PROCEDURE
Section 17-800-2 - Definitions
As used in this chapter: "After-school care" means child care provided after the end of the regular school day during the academic year for eligible children kindergarten age and above who are enrolled in public or private elementary schools.
"Applicant" means an organization that is exempt from licensure or registration by the department under § 346-152, Hawaii Revised Statutes (HRS) and is applying to be listed with the department.
"Background check" means a review of a person's background information pursuant to chapter 17-801.
"Before-school care" means a child care provided before the start of the regular school day during the academic year for eligible children kindergarten age and above who are enrolled in public or private elementary schools.
"Caregiver" means any individual who is responsible for the physical well-being, health, safety, supervision, and guidance of children in child care.
"Caretaker" means an adult or an emancipated minor, who resides with and is responsible for the care of a child, and who is a birth, hanai, foster, or adoptive parent, guardian, permanent custodian, stepparent, or relative who is related to the child by blood, marriage, or adoption, or a person authorized by the caretaker through a power of attorney valid for a period not to exceed twelve months. The caretaker designation may remain even when the caretaker is temporarily absent from the home as long as the caretaker continues to maintain responsibility for the care, education, and financial support of the child.
This includes a foster parent who may not be providing financial support to the child but may be receiving support for the child from a private or public agency. This also includes teen parents who are birth parents to the child but cannot apply for child care payments themselves and must have an adult apply on their behalf.
"Child" means any person who has not reached the age of eighteen years, excluding emancipated minors.
"Child care" means those situations in which a person or child care facility has agreed to assume the responsibility for the child's supervision, development, safety, and protection apart from the parent, guardian, or caretaker for any part of a twenty-four-hour day.
"Child care facility" means the same as under section 346-151, Hawaii Revised Statutes (HRS).
"Compliance" means conformity in fulfilling the requirements of this chapter.
"Department" means the department of human services or its designee.
"Emergency" means an unforeseen combination of circumstances which calls for immediate action.
"Exempt center-based provider" means a facility providing legally-exempt child care, in accordance with section 346-152, HRS. It also includes all staff employed at a child care facility, any volunteers who provide care for children for ten hours or more per week, substitutes, and any other individuals who have unsupervised access to children in exempt center-based care.
"Facility" means the premises of the address on the application to be listed with the department, or that are a part of a place in which child care is provided, including enclosed areas, lanais, and outdoor areas.
"First aid kit" means materials and equipment, in one location in a suitable container, that is used for meeting medical emergencies. A first aid kit shall be of a type approved by the American Red Cross, American Medical Society, or the department of health.
"Group size" means the number of children assigned to specific staff who occupy an individual classroom or defined physical space within a larger area.
"Ill" or "illness" is a subjective term which shall be defined by each provider with regard to admitting or not admitting sick children to child care.
"Infant" means a child newborn up to and including twelve months old.
"Legally-exempt care" or "exempt care" means child care which is exempt from licensure or registration by the department under § 346-152, HRS.
"Physician" means an individual licensed by the state for the practice of medicine.
"Provider" means any individual eighteen years and older, caregiver, facility, agency, or organization, including exempt center-based providers, and their adult employees, including volunteers who provide care for ten hours or more per week, substitutes, or any other individual who provides direct care, supervision, and guidance to children apart from and in the absence of the child's parent, guardian, or caretaker for part of a twenty-four-hour day. Providers are regulated by the department to provide child care or are legally exempt from child care licensure or registration by the department under section 346-152, HRS.
"Recalled" means any type of remedial action taken by a business for a corrective action plan agreed upon by the United States consumer product safety commission to address unsafe or potentially unsafe products to protect consumers, including the return of a product to the manufacturer or retailer for a cash refund or a replacement product, the repair of a product, and/or public notice of the hazard.
"Regularly" means the typical or normal pattern of the child care facility or a practice or schedule that is routine and uniform and is not subject to unexplained or irrational variations.
"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.
"School age" means the chronological age of a child who is eligible to enroll in grades kindergarten through sixth in public or private schools.
"Staff" or 'staff member" means administrative, child care, office, maintenance, substitutes, and other support personnel who are employed by the child care facility, including volunteers and substitutes.
"State fiscal year" means a period beginning July 1 and ending June 30.
"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 and hearing distance of the children to ensure the safety and protection of the children.
"Toddler" means a child over twelve months old up to and including twenty-four months old.
"Volunteer" means a person offering services to a child care facility without remuneration, except for reimbursable personal expenses allowed by the caregivers.
