§346-17  Child placing organizations, childcaring institutions, and foster boarding homes; authority over, investigationof, and standards for.  (a)  No child placing organization shall engage inthe investigation, placement, and supervision of minor children in foster careunless it meets the standards of conditions, management, and competence set bythe department of human services.

(b)  No child caring institution shall receiveminor children for care and maintenance unless it meets the standards of conditions,management, and competence to care for and train children set by thedepartment.

(c)  No foster boarding home shall receive forcare and maintenance any child unless:

(1)  It meets with the standards of conditions,management, and competence set by the department; and

(2)  The foster boarding home applicant successfullycompletes foster parent training; provided that after July 1, 1999, new speciallicensed or relative foster home care providers licensed for a specific childor children shall successfully complete foster parent training within the firstyear following placement of the first child into the new special licensed orrelative foster home.

(d)  The department shall adopt rules pursuantto chapter 91 relating to:

(1)  Standards for the organization and administrationof child placing organizations;

(2)  Standards of conditions, management, andcompetence for the care and training of minor children in child caringinstitutions and foster boarding homes; and

(3)  Standards of conditions and competence ofoperation of foster boarding homes as may be necessary to protect the welfareof children.

(e)  All rules of the department shall have theforce and effect of law, and any violation thereof or of this section shall bepunishable by a fine of not more than $200.

(f)  As a condition for a certificate ofapproval, any organization, institution, or foster boarding home, including alladults residing in the foster boarding home, shall:

(1)  Meet all standards and requirements establishedby the department;

(2)  Be subject to criminal history record checks inaccordance with section 846-2.7, and child abuse and neglect registry checks,in accordance with departmental procedures; and

(3)  Provide consent to the department or its designeeto obtain criminal history record and child abuse and neglect registryinformation.

New employees of the organization, institution, orhome shall be fingerprinted within five working days of employment.

(g)  Upon approval of the organization,institution, or foster boarding home, the department or its authorized agentsshall issue a certificate of approval that shall continue in force for one yearor for two years if the organization, institution, or foster boarding homemeets the criteria established by the department, unless sooner revoked forcause.  The certificate shall be renewed by the department or its authorizedagents, after annual or biennial investigation, if the investigation disclosesthat the organization, institution, or foster boarding home continues tomeet the standards set by the department.  The certificate of approval shall bea permit to operate the child placing organization, child caring institution,or foster boarding home, and no person or organization shall operate ormaintain the organization, institution, or foster boarding home without thecertificate.

(h)  Any child placing organization, childcaring institution, or foster boarding home shall be subject to review orinvestigation at any time and in a manner, place, and form as may be prescribedby the department or its authorized agents.

(i)  As used in this section, "fosterparent training" means training or instruction in special skills andknowledge to care for foster children.

(j)  The department or its designee shallrequest:

(1)  A criminal history record check through theHawaii criminal justice data center on all operators, employees, and newemployees of child care institutions, child placing organizations, and fosterboarding homes, including all adults residing in the foster boarding homes,subject to licensure pursuant to section 846-2.7; and

(2)  A child abuse and neglect registry check on alloperators, employees, and new employees of child care institutions, childplacing organizations, and adults residing in a foster boarding home subject tolicensure in accordance with departmental procedures.

(k)  The department may deny a certificate ofapproval if an operator, employee, or new employee of a child care institutionor child placing organization's facility, or any adult residing in a fosterboarding home, was convicted of a crime other than a minor traffic violationinvolving a fine of $50 or less and if the department finds that the criminalhistory record or child abuse registry history of an operator, employee, new employee,or adult residing in a foster boarding home poses a risk to the health, safety,or well-being of the children in care.

(l)  The department or its designee shall makea name inquiry into the criminal history records for the first two years ofcertification of a foster boarding home and annually or biennially thereafterand into the child abuse and neglect registry in accordance with departmentalprocedures depending on the certification status of the home. [L 1941, c 296,pt of §1; RL 1945, pt of §4830; am L 1949, c 353, pt of §1; am L 1953, c 153,pt of §5 and c 191, pt of §1; RL 1955, §108-11; HRS §346-17; am L 1970, c 105,§5; am L 1985, c 209, §2; am L 1987, c 339, §4; am L 1996, c 5, §1; am L 1999,c 271, §3; am L 2003, c 95, §9(2); am L 2007, c 46, §1; am L 2008, c 136, §1]

 

Cross References

 

  Criminal history and child abuse record checks (child carefacilities), see §346-154.

  Operation of adult foster homes for developmentally disabled,see §321-11.2.

  Rulemaking, see chapter 91.

 

Case Notes

 

  Cited:  73 H. 314, 832 P.2d 265.