§333F-22  Criminal history recordchecks.  (a)  The department shall adopt rules pursuant to chapter 91 toensure the reputable and responsible character of an applicant to operate anadult foster home or developmental disabilities domiciliary home, of existingproviders and their employees, of current and prospective employees of theapplicant, and of new employees of the provider after certification orlicensure, which shall provide for, but not be limited to, criminal historyrecord checks in accordance with section 846-2.7.

(b)  For the purposes of this section,"developmental disabilities domiciliary homes" means any facilitylicensed under section 321-15.9 that provides twenty-four hour supervision orcare, excluding licensed nursing care, for a fee, to not more than five adultswith mental retardation or developmental disabilities as defined in thischapter; and "adult foster homes" shall be as defined under section321-11.2.

(c)  An applicant to operate an adult fosterhome or developmental disabilities domiciliary home and all current andprospective employees of the applicant shall be subject to criminal historyrecord checks in accordance with section 846-2.7, and shall provide consent tothe department to obtain criminal history record information for verification.

(d)  Each existing provider or provider and allemployees hired after the initial licensure or certification of the existingprovider or provider shall be subject to criminal history record checks inaccordance with section 846-2.7, and shall provide consent to the department toobtain criminal history record information for verification.

(e)  The department is authorized to obtaincriminal history record information through the Hawaii criminal justice datacenter on existing providers and their employees upon their next licensure orcertification renewal date, and on any applicant and all current andprospective employees of the applicant, including all new employees after theapplicant is issued a certification or license under this chapter.

(f)  Once fingerprints are on file, yearlylicensure or certification renewals for providers and employees will requireonly state criminal history record checks through the Hawaii criminal justicedata center.

(g)  The department may revoke a currentlicense or certification or deny an application for a license or certificationto operate an adult foster home or developmental disabilities domiciliary homeunder rules adopted pursuant to chapter 91 if the existing provider or employeeof an existing provider, applicant, current or prospective employee of theapplicant, provider, or new employee of the provider refuses to submit to thedepartment statements indicating criminal convictions, refuses to provideconsent to the department to conduct a criminal history record check or obtainother criminal history record information for verification, refuses to befingerprinted, has been convicted of a crime other than a minor trafficviolation involving a fine of $50 or less; or if the department finds that thecriminal history record of the existing provider or employee of an existingprovider, applicant, current or prospective employee of the applicant,provider, or new employee of the provider may pose a risk to the health,safety, or well-being of persons with developmental disabilities or mentalretardation living in the home. [L 1994, c 53, §1; am L 2003, c 95, §8(2), (3)]