§346-335  Background checks.  (a)  The
department shall develop standards to ensure the reputable and responsible
character of operators, employees, volunteers, and other adults regularly
present, except for adults in care, of the programs identified in section
346-97.



(b)  An applicant for the programs identified
in section 346-97 shall:



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



(2)  Be subject to adult abuse perpetrator checks, if
the individual has direct contact with a client.  For the purposes of this
section, "adult abuse perpetrator check" means a search to determine
whether an individual is known to the department as a perpetrator of abuse as
defined in section 346-222, by means of a search of the individual's name and
birth date in the department's adult protective service file; and



(3)  Provide consent to the department or its designee
to conduct an adult abuse perpetrator check and to obtain other criminal
history record information for verification.



(c)  New employees of the programs identified
in section 346-97 shall be fingerprinted within five working days of
employment, for the purpose of complying with the criminal history record check
requirement.



(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 on applicants for programs
identified in section 346-97.  The Hawaii criminal justice data center may
assess the applicants and operators, employees, and new employees a reasonable
fee for each criminal history record check conducted.  The information obtained
shall be used exclusively for the stated purposes for which it was obtained and
shall be subject to federal laws and regulations as may be now or hereafter
adopted.



(e)  The department or its designee shall make
a name inquiry into the criminal history records and the adult protective
service file for the first two years a home and community-based case management
agency is licensed and annually or biennially thereafter depending on the
licensure status of the home and community-based case management agency.



(f)  An applicant for a certificate of approval
as a community care foster family home and operators and other adults residing
in a community care foster family home shall:



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



(2)  Be subject to adult abuse perpetrator checks, if
the individual has direct contact with a client.  For the purposes of this
section, "adult abuse perpetrator check" means a search to determine
whether an individual is known to the department as a perpetrator of abuse as
defined in section 346-222, by means of a search of the individual's name and
birth date in the department's adult protective service file; and



(3)  Provide consent to the department to conduct an
adult abuse perpetrator check and to obtain other criminal history record
information for verification.



(g)  The department or its designee shall
obtain criminal history record information through the Hawaii criminal justice
data center on applicants for certificates of approval as community care foster
family homes and operators and other adults residing in community care foster
family homes, except for adults receiving care.  The Hawaii criminal justice
data center may assess the applicants and operators and other adults a
reasonable fee for each criminal history record check conducted.  The
information obtained shall be used exclusively for the stated purpose for which
it was obtained and shall be subject to federal laws and regulations as may be
now or hereafter adopted.



(h)  The department or its designee shall make
a name inquiry into the criminal history records and the adult protective
service file for the first two years a community care foster family home is
certified and annually or biennially thereafter depending on the certification
status of the community care foster family home. [L 2001, c 273, pt of §1, §6;
am L 2003, c 95, §§17(2), 22 and c 98, §3; am L 2004, c 153, pt of §1, §§2, 5;
am L 2006, c 236, §1; am L 2008, c 136, §5]