Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 891.2 - REGISTRATION OF FAMILY CHILD CARE HOMES
Subchapter 1 - REGISTRATION PROCEDURE
Section 17-891.2-1 - Definitions
For the purpose of this chapter:
"After school care" means child care provided after the end of the regular school day during the academic year for children who are kindergarten age and above who are enrolled in public or private elementary schools.
"Applicant" means the person who applied for registration of their family child care home and includes this person's spouse.
"Background check" means a review of a person's background information pursuant to chapter 17-801.
"Before school care" means child care provided before the start of the regular school day during the academic year for eligible children kindergarten 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.
"Certificate of Registration or license" means a certificate of approval issued by the state department of human services authorizing the operation of a family child care facility.
"Child" means any person who has not reached the age of eighteen.
"Child care" means those situations where a person or organization has agreed to assume the responsibility for the child's supervision, development, safety, and protection, apart from the parent or guardian, for any part of a twenty-four-hour day.
"Child care center" or "group child care center" means a place other than a private home, maintained by any individual, organization, or agency for the purpose of providing child care. The term child care center shall include child care nurseries, nursery school groups, preschools, child play groups, parent cooperatives, drop-in child care centers, group child care homes, after or before school, holiday, and summer care for elementary school age children, or other similar units operating under any name.
"Child care facility" means a place maintained by any individual, organization, or agency for the purpose of providing care for children with or without charging a fee at any time. It includes a family child care home, group child care home, and group child care center.
"Child development associate" or "CDA" means the credential issued by the Council for Professional Recognition.
"Child with special needs" means a child with a condition such as a physical, emotional, behavioral, or learning disability or impairment that causes the child to require additional or specialized services or accommodations.
"Compliance" means conformity in fulfilling formal or official requirements of this chapter.
"Council for Professional Recognition" means the organization that administers the CDA credential.
"County building code" means the building code used by the applicable counties.
"Demonstration project" means any place providing child care which is operating with special approval of the department for exemptions to specific registration rules.
"Drop-in care" means child care where children are permitted to arrive and leave at irregular, nonscheduled times during the facility's operating hours.
"Drop-in child care center" means a facility which accepts children for drop-in care.
"Emergency" means an unforeseen combination of circumstances which calls for immediate action.
"Facility" means the premises of the address that is on the application or certificate of registration for child care, or that are a part of a place in which child care is provided, including enclosed areas, lanais, and outdoor areas.
"Family child care home" or "family child care" or "FCC" means any private residence at which care is provided to six or fewer children at any given time, as defined in section 346-151, HRS.
"First aid kit" means materials and equipment in one location in a suitable container for meeting medical emergencies. A first aid kit shall be of the type approved by the American Red Cross, American Medical Society, or the department of health.
"Form 14" means a printed form made available by the state department of health or the state department of education to record a child's immunizations and health record.
"Group child care home" or "GCH" means child care provided by an individual in a facility that may be an extended or modified family child care home which provides care to no more than twelve children during any part of a twenty-four-hour day. GCHs are licensed under the rules for group child care centers.
"Guardian" means a person other than a child's parents who has legal authority over and responsibility for a child.
"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 children who are newborn up to age one (through the twelfth month).
"Lavatory" means a vessel or basin for washing which is in conformity with plumbing codes in force in the state.
"Liability insurance coverage" means a general casualty insurance policy issued to insure against legal liability for injury resulting from negligence to a child during the time the child is under the provider's care.
"License" means a certificate of approval issued by the state department of human services authorizing the operation of a child care facility.
"Local sanitary codes" means the special rules set up by a county, the state department of health, or a comparable federal agency, which govern aspects of health and safety.
"Minor deficiencies" means deficiencies which do not involve risk to life, health, or safety of the children enrolled at the child care center.
"Night care" means child care provided to children who stay at night or overnight at a group child care center, group child care home, or family child care home. Care shall not be provided for twenty-four consecutive hours.
"Panic hardware" means a standard device on doors which permit quick and safe exits upon emergencies (e.g. push bars and plates).
"Person" means any individual with unsupervised access to children in care, caregiver, adult household member, applicant, provider, substitute, volunteer, new hire, rehire, temporary hire, or staff member in a child care facility or exempt child care facility.
"Policy" means a principal plan for the management of a child care facility.
"Provider" means any individual 18 years or older, caregiver, child care facility, agency, or organization, exempt care providers, and adult employees, who provide child care to children in the absence of the child's caretaker.
"Provisional license," "provisional certificate of registration," or "temporary permit" means a temporary certificate of registration issued at the discretion of the department up to a period of six months to any child care facility that is unable to conform to all the rules at the time the certificate of registration is issued.
"Qualified nutrition consultant" means a dietician or nutritionist who meets the advanced educational requirements for membership in the American Dietetic Association and is eligible for registration; or one who has a master's degree in public health nutrition or nutritional sciences.
"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.
"Regular license" means a certificate of approval issued by the state department of human services to the registered family child care facility which conforms to all the rules at the time the certificate is issued.
"Regularly" means the typical or normal pattern of the child care center or family home, 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.
"Single service utensils" means the supplies or equipment used once to serve food (e.g. paper plates, cups, disposable forks).
"Staff member" means administrative, child care, office, maintenance, employees, adult household members, and other support personnel who are employed by the child care facility, including volunteers and substitutes.
"State child care advisory committee" means a group of people appointed by the department of human services to advise the department on matters regarding child care, including child care rules.
"Substitute" means a person who serves as a replacement when another caregiver is absent.
"Supervision" means the act of being within sight or hearing distance of the children to insure the safety and protection of the children.
"Temporary permit" means the same as provisional license.
"USDA child care food program" means the food standards established by the United States Department of Agriculture.
"Volunteer" means a person working or offering services to a child care facility without remuneration, except for reimbursable personal expenses allowed by the caregivers
