(a) An exempt
center-based provider who meets the requirements of this chapter and is on the
department's listing may be authorized as a provider for a child whose family
unit receives child care payments pursuant to chapters 17-798.3 or
17-799.
(b) In order to be on the
department's listing, an exempt center-based provider shall meet the following
requirements:
(1) Afford caretakers unlimited
access to their children, including written records concerning their children,
during normal hours of provider operation and whenever children are in the care
of the provider;
(2) Operate as an
exempt center-based provider in accordance with section
346-152,
HRS;
(3) Complete background checks
for all persons required in accordance with chapter 17-801;
(4) Ensure that each caregiver, within
forty-five days of hire, satisfactorily completes and provides written evidence
to the department to show completion of trainings as required by the department
which includes but is not limited to:
(A) An
initial training in health and safety standards that is approved by the
department prior to caring for an eligible child under chapters 17-798.3 or
17-799;
(B) Safe sleep training
that is approved by the department prior to caring for an eligible child who is
less than one year of age, until no children in care are less than one year of
age, and on an annual basis; and
(C) A minimum of eight hours of training
within one year of completion of the initial training as described in
subparagraph (A), and completed annually thereafter, as prescribed by the
department, in at least two of the following approved topic areas:
(i) Physical care of the young child; (ii)
Care of the sick child;
(iii) Child
nutrition;
(iv) Child growth and
development;
(v) Children with
special needs;
(vi) Learning
activities and play;
(vii) Family
engagement;
(viii) Managing
challenging behaviors;
(ix)
Prevention of child maltreatment and abuse;
(x) First aid and child cardiopulmonary
resuscitation;
(xi) Physical
environment;
(xii) Health and
safety;
(xiii) Child care business
or program management; or
(xiv)
Community resources; and
(xv)
Training under section 17-800-10(b)(4)(B), when applicable;
(5) Submit to initial,
annual, and on-going monitoring inspections where care is being provided, to
ensure compliance with the requirements of subchapters 3 and 4 as follows:
(A) The department shall assess the
qualifications of exempt center-based providers, the staff members, employees,
volunteers, and substitutes and inspect the premises.
(B) All exempt center-based providers listed
with the department shall cooperate with the department by providing access to
the premises, records, and staff.
(C) Failure to comply with reasonable
requests may constitute grounds for removal from the department's listing and
for the department to determine that the exempt center-based provider is not
authorized to care for an eligible child pursuant to chapters 17-798.3 or
17-799;
(6) Agree to
report to the department, within one working day of occurrence, the death of a
child or staff, or any serious injury received at the exempt center-based
provider facility that resulted in a child's hospitalization;
(7) Report to the department within ten
calendar days of occurrence, any of the following:
(A) Change in contact telephone
number;
(B) Change in the address
where the child care is being conducted; or
(C) Change in the staff, employees,
substitutes, or volunteers who provide care to children;
(8) Agree to notify all parents of children
in care when there are deficiencies as determined by the department for
requirements under subchapters 3 or 4;
(9) Have procedures for reporting any
suspected child abuse or neglect in accordance with section
350-1.1, HRS;
(10) Have a written policies and procedures
for suspension and expulsion of children which includes the following:
(A) The conditions under which a child may be
suspended or expelled, if applicable;
(B) Sufficient timeframe before suspension or
expulsion to enable parents to make alternative child care arrangements or to
take the necessary action to allow the child to remain enrolled, except as
specified in subparagraph (C);
(C)
Conditions that may warrant immediate expulsion such as imminent danger to the
health, welfare, or safety of the children or staff;
(D) Parents and guardians are provided
written notification of any concerns that could lead to the child's
expulsion;
(E) When expulsion
occurs, the provider shall maintain a record of the conditions, parental
notification, and action taken; and
(F) Other policies which may be required by
the department;
(11) Make
available written policies for review by parents or guardians at the time of
enrollment of a child; and
(12)
Notify parents or guardians and the department of any changes in the child care
services it provides as follows:
(A) Written
notification of changes in the services offered shall be provided to the
department and to parents or guardians of children enrolled in the facility;
and
(B) Notification of any changes
in service shall be made no later than thirty days before the date of the
change and all changes shall be included in the facility's operating
policies.
(c)
All exempt center-based providers shall report any suspected child abuse or
neglect in accordance with section
350-1.1, HRS.
(d) If the department receives information
that the exempt center-based provider that is on the department's list is in
violation of subchapters 3 or 4, or that the provider is conducting child care
in violation of section
346-152,
HRS, the department will conduct an investigation, including an inspection of
the child care facility. The exempt center-based provider shall immediately be
removed from the department's listing in accordance with section 17-800-5(e)
until the department has completed its investigation and determined the exempt
center-based provider is in compliance with section
346-152,
HRS, or subchapters 3 or 4, or any legal disposition is completed and the
department has placed the exempt center-based provider on the department's
listing.
