§346-335  Background checks.  (a)  Thedepartment shall develop standards to ensure the reputable and responsiblecharacter of operators, employees, volunteers, and other adults regularlypresent, except for adults in care, of the programs identified in section346-97.

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

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

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

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

(c)  New employees of the programs identifiedin section 346-97 shall be fingerprinted within five working days ofemployment, for the purpose of complying with the criminal history record checkrequirement.

(d)  The department or its designee shallobtain criminal history record information through the Hawaii criminal justicedata center in accordance with section 846-2.7 on applicants for programsidentified in section 346-97.  The Hawaii criminal justice data center mayassess the applicants and operators, employees, and new employees a reasonablefee for each criminal history record check conducted.  The information obtainedshall be used exclusively for the stated purposes for which it was obtained andshall be subject to federal laws and regulations as may be now or hereafteradopted.

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

(f)  An applicant for a certificate of approvalas a community care foster family home and operators and other adults residingin a community care foster family home shall:

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

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

(3)  Provide consent to the department to conduct anadult abuse perpetrator check and to obtain other criminal history recordinformation for verification.

(g)  The department or its designee shallobtain criminal history record information through the Hawaii criminal justicedata center on applicants for certificates of approval as community care fosterfamily homes and operators and other adults residing in community care fosterfamily homes, except for adults receiving care.  The Hawaii criminal justicedata center may assess the applicants and operators and other adults areasonable fee for each criminal history record check conducted.  Theinformation obtained shall be used exclusively for the stated purpose for whichit was obtained and shall be subject to federal laws and regulations as may benow or hereafter adopted.

(h)  The department or its designee shall makea name inquiry into the criminal history records and the adult protectiveservice file for the first two years a community care foster family home iscertified and annually or biennially thereafter depending on the certificationstatus 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]