§346-154  Criminal history and child abuserecord checks.  (a)  The department shall develop standards to ensure thereputable and responsible character of an applicant to operate a child carefacility, prospective employees of the applicant, and new employees of theprovider after registration or licensure, which shall include criminal historyrecord checks in accordance with section 846-2.7 and child abuse record checks.

(b)  An applicant to operate a child carefacility shall:

(1)  Be subject to criminal history record checks inaccordance with section 846-2.7;

(2)  Submit to the department under penalty of law,statements signed by the applicant and prospective employees of the applicantindicating whether the applicant or any of the prospective employees has everbeen confirmed to have abused or neglected a child, including threatened harm;and

(3)  Provide consent to the department to conduct acriminal history record check in accordance with section 846-2.7 and a childabuse record check, and to obtain criminal history and child abuse recordinformation for verification.

(c)  A provider shall:

(1)  Be subject to criminal history record checks inaccordance with section 846-2.7;

(2)  Submit to the department a statement signed byany employee hired after the initial licensure or registration that requiresthe employee to indicate under penalty of law, whether the employee has everbeen confirmed to have abused or neglected a child, including threatened harm;and

(3)  Provide consent to the department or its designeeto conduct a criminal history record check in accordance with section 846-2.7and a child abuse record check, and to obtain criminal history and child abuserecord information for verification.

(d)  The department or its designee shall obtaincriminal history record information through the Hawaii criminal justice datacenter in accordance with section 846-2.7, and child abuse record informationfrom the department in accordance with departmental procedures on the applicantand any prospective employee of the applicant, including any new employeeretained after the applicant is issued a registration or license under thispart, which shall include an annual name inquiry into the state criminalhistory record files.

(e)  The department may deny an application fora license or registration to operate a child care facility if:

(1)  The applicant or any prospective employee hasbeen convicted of a crime other than a minor traffic violation involving a fineof $50 or less, or ever been confirmed to have abused or neglected a child,including threatened harm; and

(2)  The department finds that the criminal history orchild abuse record of that applicant or prospective employee may pose a risk tothe health, safety, or well-being of children.

(f)  The department may request the provider toterminate the employment of a new employee or may suspend or revoke the licenseor registration of the provider who employs a new employee if:

(1)  The employee has been convicted of a crime otherthan a minor traffic violation involving a fine of $50 or less, or ever beenconfirmed to have abused or neglected a child, including threatened harm; and

(2)  The department finds that the criminal history orchild abuse record of the new employee may pose a risk to the health, safety,or well-being of children. [L 1985, c 208, pt of §2; am L 1986, c 297, §3; am L2001, c 201, §4; am L 2003, c 95, §9(6); am L 2008, c 136, §4]