Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 895 - LICENSING OF INFANT AND TODDLER CHILD CARE CENTERS
Section 17-895-1 - Definitions
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.
"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 may be approved by the department provided the agency or organization is recognized by the department as having child care expertise, has submitted a description of the course, workshop, or seminar which fully describes the subject matter covered, the total hours of training and name of the qualified trainer (see "qualified trainer").
"Caregiver" means any person who works with the guidance of the lead caregiver and director to carry out the program of the center.
"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 and has been entrusted with 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 lead caregiver or caregiver with all aspects of the planned program.
"Child care center (CCC)" or "group child care center (GCCC)" 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 or group child care center shall include child 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 care facility" means any home, center, or facility, at which care is provided, as defined in HRS § 346-151.
"Child development associate (CDA)" means any person credentialed by the council for early childhood professional recognition (national association for the education of young children) to assume primary responsibility for a group of young children in a developmental early childhood program.
"Compliance" means conformity in fulfilling formal or official requirements of chapter 895.
"Council for early childhood professional recognition (national association for the education of young children)" means the agency contracted by the U. S. Department of Health and Human Services to grant the child development associate (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 licensing or registration rules.
"Director," "principal," "lead caregiver," 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 center which accepts children for drop-in care.
"Emergency" means an unforeseen combination of circumstances which calls for immediate action.
"Family child care home (FCCH)" means any private home maintained by an individual which provides child care to three 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 home provider is not by blood, marriage, or adoption.
"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 a facility that may be an extended or modified family child care home which provides child 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.
"Health care practitioner" means a physician who is licensed to practice medicine or osteopathic medicine (M.D. or O.D.), a physician assistant (PA), or an advanced practice registered nurse (APRN) licensed to practice in any of the states or territories of the United States, or a nurse practitioner (NP) licensed by the state of Hawaii.
"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 six weeks to twelve months of age.
"Lavatory" means a vessel or basin for washing which is in conformity with plumbing codes in force in the state.
"Lead caregiver," "teacher," "teacher-director," or "lead teacher" means a person responsible for planning and implementing all or part of the program activities, preparing program materials, and supervising and training other staff.
"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.
"New hire" means a person seeking to be a child care provider for the first time in the state of Hawaii, either as an applicant or prospective employee of a child care facility.
"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.
"Primary caregiver" means the individual in the infant and toddler child care center to whom the care of a specific child and family is assigned.
Primary care is defined as direct care, verbal and physical interactions, primary responses to infant's or toddler's physical and emotional needs while in the center, and continued interaction with parents regarding the infant's or toddler's experiences.
"Provider" means any person whose duties include direct care, supervision, and guidance of children in child care.
"Provisional license" or "temporary permit" means a temporary license issued at the discretion of the department for a maximum period of three months to any child care facility which is unable to conform to all the rules at the time the license is issued.
"Qualified nutrition consultant" means a dietitian 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.
"Qualified trainer" means a person who has twelve credits in early childhood or child development or related fields such as human development, psychology, social work, or nursing and a combined total of three years of experience in training adults who work with children or has six credits in early childhood or child development or related fields such as human development, psychology, social work, or nursing, and a combined total of five years of experience in training adults who work with children.
"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 center, group child care home, or family child care home, or a practice or schedule that is routine and uniform and is not subject to unexplained or irrational variations.
"Re-hire" means an applicant or prospective employee of a child care facility who is seeking to operate or be employed in a child care facility following termination of employment of more than six months and who has been out of state during this break in employment.
"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 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, clerical, and maintenance personnel who are employed by the child care facility.
"State advisory committee on child care services" 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 the regular staff person is absent on an emergency or unplanned basis.
"Supervision" means the act of being within sight or hearing distance of the children to insure their safety and protection.
"Temporary hire" means a person who serves as a replacement when the regular staff person is absent on a planned basis.
"Temporary permit" - see provisional license.
"Toddler" means a child who is twelve to thirty-six months of age.
"USDA child care food program" means the food standards established by the United States Department of Agriculture.
"Volunteer" means a person offering services to a child care facility without remuneration, except for reimbursable personal expenses allowed by the facility.
