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



(b)  An applicant to operate a child care
facility shall:



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



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



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



(c)  A provider shall:



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



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



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



(d)  The department or its designee shall obtain
criminal history record information through the Hawaii criminal justice data
center in accordance with section 846-2.7, and child abuse record information
from the department in accordance with departmental procedures on the applicant
and any prospective employee of the applicant, including any new employee
retained after the applicant is issued a registration or license under this
part, which shall include an annual name inquiry into the state criminal
history record files.



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



(1)  The applicant or any prospective employee has
been convicted of a crime other than a minor traffic violation involving a fine
of $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 or
child abuse record of that applicant or prospective employee may pose a risk to
the health, safety, or well-being of children.



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



(1)  The employee has been convicted of a crime other
than a minor traffic violation involving a fine of $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 or
child 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 L
2001, c 201, §4; am L 2003, c 95, §9(6); am L 2008, c 136, §4]