Haw. Code R. § 17-1627-1

Current through September, 2024
Section 17-1627-1 - Definitions

For the purpose of this chapter:

"Applicant" means any adult person, agency, or organization that makes a written request to the department to be approved as a child-caring institution.

"Certificate of approval" or "license" means the certificate or license issued by the department that authorizes a person, agency, or organization to operate a child-caring institution.

"Child-caring institution" or "group home" means any institution or group home licensed by the department, for the purpose of receiving six or more unrelated minor children for temporary substitute supervision, care, and maintenance apart from their legal custodians on a twenty-four hour basis for monetary payment. This term shall not apply to any boarding school which is primarily engaged in educational work or to any resource family home, detention facility, forestry camp, training school, or facility operated primarily for the detention of delinquent children. This term shall also exclude public child care institutions that accommodate more than twenty five children.

"Child-placing organization" means any licensed person, agency, or organization, except family court and the department, engaged in the assessment, placement, and supervision of children in foster care and which has been delegated the authority by the department to approve resource family homes and adoptive homes under its supervision.

"Children" means persons under eighteen years of age.

"Criminal history record check" means an examination of an individual's criminal history record through fingerprint analysis and name inquiry into state and national criminal history record files, including, but not limited to, the files of the Hawaii criminal justice data center; provided that the information obtained shall be used exclusively for purposes under this chapter and shall be subject to applicable federal and state laws and regulations.

"Department" means the department of human services.

"Director" or "executive director" or "superintendent" means the person responsible for the administration of the institution.

"Discipline" means an educational and training process to help a child understand and adopt socially accepted behavioral standards.

"Foster care" or "out-of-home care" means placement which is apart from the child's legal custodian which provides twenty-four hour parenting care, including, but not limited to, a licensed relative's home, a licensed resource family home, or a licensed child-caring institution.

"Legal custodian" means the child's parent(s), permanent custodian(s), legal guardian(s), or other entities that have legal and physical custody of the child.

"Professional services" means the services of dentists, dieticians, physicians, psychiatrists, psychologists, nurses, and social workers.

"Prospective employee" means a person seeking employment in a child-caring institution for the first time in the State.

"Rehire" means a prospective employee of a child-caring institution who is seeking to be employed in a child-caring institution following termination of employment of more than six months and who has been out of the State during this break in employment.

"Resource family home" or "resource home" means a home in which up to five minor children, or a family sibling group of six or more minor children, are received for care and maintenance apart from their legal custodians, on a twenty-four basis for fee or charge and which has met the state certification requirements.

Haw. Code R. § 17-1627-1

[Eff DEC 09 2010] (Auth: HRS §§ 346-14, 346-17) (Imp: HRS § 346-16)