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



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



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



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



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



(f)  Once fingerprints are on file, yearly
licensure or certification renewals for providers and employees will require
only state criminal history record checks through the Hawaii criminal justice
data center.



(g)  The department may revoke a current
license or certification or deny an application for a license or certification
to operate an adult foster home or developmental disabilities domiciliary home
under rules adopted pursuant to chapter 91 if the existing provider or employee
of an existing provider, applicant, current or prospective employee of the
applicant, provider, or new employee of the provider refuses to submit to the
department statements indicating criminal convictions, refuses to provide
consent to the department to conduct a criminal history record check or obtain
other criminal history record information for verification, refuses to be
fingerprinted, has been convicted of a crime other than a minor traffic
violation involving a fine of $50 or less; or if the department finds that the
criminal history record of the existing provider or employee of an existing
provider, 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 mental
retardation living in the home. [L 1994, c 53, §1; am L 2003, c 95, §8(2), (3)]