Haw. Code R. § 11-800-8 - Background checks

(a) As a condition for licensure or certification, the operator, employees, and new employees of the case management agency, or primary and substitute caregivers and other adults residing in a home, except for clients, shall:

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

(2) Be subject to adult protective service perpetrator checks if the individual has direct contact with a client; and

(3) Provide consent for the department to obtain other criminal history record information for verification and information regarding adult protective service perpetrator status.

(b) New employees of the case management agency shall be fingerprinted within five working days of employment, for the purpose of complying with the requirements of this section.

(c) The department shall make a name inquiry into the criminal history records for the first two years a case management agency is licensed or a home is certified and annually or biennially thereafter depending on the licensure status of the case management agency or certification status of the home.

(d) The department may, unless an exemption has been granted by the department:

(1) Deny a license if:

(A) A case management agency operator, employee, or new employee has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less;

(B) The department finds that the criminal history record of a case management agency operator, employee/ or new employee poses a risk to the life, health, safety, or welfare of a client;

(C) A case management agency operator, employee, or new employee is a perpetrator of abuse as defined in section 346-222, HRS; or

(D) The holder of or an applicant for a license, or an employee of the agency has a certificate of approval to operate a community care foster family home, or a license from the department of health to operate an adult residential care home, expanded adult residential care home, or an assisted living facility;

(2) Deny a certificate of approval if:

(A) A caregiver, substitute caregiver, or other adult residing in the community care foster family home, except for adults receiving care, has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less;

(B) The department finds that the criminal history record of a caregiver, substitute caregiver, or other adult residing in the home, except for adults receiving care, poses a risk to the life, health, safety, or welfare of a client; or

(C) A caregiver, substitute caregiver, or other adult residing in the community care foster family home, except for adults receiving care, is a perpetrator of abuse as defined in section 346-222, HRS,

(e) The results of a background check made pursuant to section (a) shall be exempt from consideration by the department if an exemption has been granted by the department. Requests for exemptions must be:

(1) Submitted by the applicant for licensure or certification, case management agency, or home;

(2) In writing, on forms provided by the department; and

(3) Received by the department no later than seven days after the date of the notification that the individual:

(A) Has a conviction for a crime other than a minor traffic violation involving a fine of $50 or less;

(B) Has a criminal history record that poses a risk to the life, health, safety, or welfare of a client; or

(C) Is a perpetrator of abuse as defined in section 346-222, MRS.,

Notes

Haw. Code R. § 11-800-8

[Eff 11/13/2018] (Auth: HRS §§ 321-15.2, 321-481 to 321-483, 321-485, 346-14) (Imp: HRS §§ 321-15,2, 321-481 to 321-483, 321-485)