Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 892.1 - LICENSING OF GROUP CHILD CARE CENTERS AND GROUP CHILD CARE HOMES
Section 17-892.1-1 - Definition
For the purpose of this chapter:
"Acting director" means a person who assumes the responsibilities of director of the child care facility in the absence of the director.
"After school care" means child care provided after the close of the regular school day during the academic year and summer for children ages four years and eight months and older who are enrolled in public or private elementary schools (see chapter 17-896, "Licensing of Before and After School Child Care Facilities".)
"Approved child development or early childhood training courses" means child development or early childhood courses taken from accredited institutions of higher learning and other agencies or organizations authorized by the department which are automatically accepted. Other courses, workshops, or seminars shall be subject to approval by the department.
"Assistant teacher" means any person who works with the guidance of the teacher and director to carry out the program of the center.
"Before school care" means child care provided before the opening of the regular school day during the academic year for children four years and eight months and above who are enrolled in public or private elementary schools (see chapter 17-896, "Licensing of Before and After School Child Care Facilities."
"Caregiver" or "provider" means any person whose duties include direct care, supervision, and guidance of children in child care.
"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 aide," "aide," or "child care assistant" means any person who helps the teacher or assistant teacher with all aspects of the planned program.
"Child care center (CCC)" or "group child care, center (GCC)" means a place 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, or other similar units operating under any name.
"Child development associate (CDA)" means any person credentialed by the child development associate (CDA) consortium to assume primary responsibility for a group of young children in a developmental early childhood program.
"Child development associate consortium" means the agency contracted by the U.S. Department of Health and Human Services to grant the child development associate (CDA) credential.
"Compliance" means conformity in fulfilling formal or official requirements of this chapter.
"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 licensing rules.
"Director," "principal," "head teacher," or "operator" means the person at the facility having responsibility for the administration of a child care center and its program.
"Drop-in care" means child care where children are permitted to arrive and leave at irregular, non-scheduled 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 all the physical parts belonging to, or which are a part of, a place in which child care is provided including enclosed areas, lanais, and outdoor areas.
"Family child care home (FCCH)" or "family child care (FCC)" means child care in any private home maintained by an individual which provides care to two and no more than six children at the same time during any part of a twenty-four hour day and where the relationship of child and family child care provider is not by blood, marriage or adoption (see chapter 17-891.1, "Registration of Family Child Care Homes.")
"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 state 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 (GCCH)" 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. Group child care homes 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.
"Handicapped child" means a child who is medically determined blind, deaf, mentally retarded, emotionally disturbed, orthopedically or otherwise chronically handicapped.
"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 who is 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.
"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 specific 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 permits quick and safe exits upon emergencies (e.g. push bars and plates).
"Policy" means a principal plan for the management of a child care facility.
"Provider"- see caregiver.
"Provisional license" or "temporary permit" means a temporary license issued at the discretion of the department for a period of six months to any child care facility which is unable to conform to all the rules at the time the license 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 child care and maintenance personnel who are employed by the child care facility, including volunteers.
"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 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 the act of being within sight or hearing distance of the children to insure the safety and protection of the children.
"Teacher," "teacher-director," "head teacher," or "lead teacher" means a person responsible for planning and implementing all or part of the program activities, preparing program materials, supervising, and training other staff.
"Temporary hire" means a person who serves as a replacement when another caregiver is absent on a planned basis.
"Temporary permit" - see provisional license.
"USDA child care food program" means the food standards established by the United States Department of Agriculture.
"Volunteers" means persons offering services to a child care facility without remuneration, except for reimbursable personal expenses allowed by the caregivers.
