Haw. Code R. § 17-1627-19 - Personnel

(a) Each institution shall have written personnel policies covering job classification, hiring practices, salaries and fringe benefits, leaves, staff training and development, and other employment practices.

(b) All personnel shall have the following:

(1) Ability in relating to, understanding, and working with children;

(2) Demonstrated ability to provide a positive role model for children;

(3) Emotional stability and good physical health; and

(4) Education and experience appropriate for the position with thorough employment and background checks to verify the person's qualifications.

(c) All personnel shall have a physical examination, including tuberculin (TB) clearances no more than one year before being employed. The physical examination shall be given by a licensed physician who shall prepare a written report to be kept on file at the institution, stating that the employee is free from communicable or infectious diseases and has no physical condition that would pose a risk to children and interfere with the employee's ability to perform the job. Thereafter, all staff members with a prior positive skin test or chest x-ray shall have a TB clearance in accordance with the recommendations of the department of health.

(d) Each institution shall establish in writing a classification schedule showing the duties, responsibilities, and minimum requirements of each position.

(e) Salary ranges for each type of position shall be established in writing.

(f) Adequate and comfortable quarters shall be provided for all staff who are required to live within the institution.

(g) Provisions for staff development shall be made as follows:

(1) There shall be regular staff meetings and case conferences for all staff members working directly with children; and

(2) Whenever possible, staff shall be encouraged and allowed to take additional training to increase and improve the staff's efficiency and knowledge about the institution's program. The training may be provided by the institution's staff or by other resources in the community.

(h) The director of the institution shall:

(1) Be a full-time employee, responsible for the daily over-all management and operation of the institution;

(2) Be a person who is emotionally stable and mature with sound judgement;

(3) Be a person who is respected by the employees, children, and the general community; and

(4) Have the education, training, knowledge, experience, and skills in social services, preferably with a master's degree in social work or related area of study from an accredited school, and at least four years experience in child welfare' services.

(i) Each child-care staff member shall:

(1) Be responsible for general child supervision, crisis management, daily living support, recreational activities, behavioral intervention, and participation in the case planning and assessment process;

(2) Have education, training, knowledge, experience, and skills in the area of human services, social services, child welfare services, or a related field;

(3) Have an ability to get along with people and to work as part of an institutional team;

(4) Demonstrate the ability to serve as a positive role model for the children and their families; and

(5) Have emotional stability, maturity, and flexibility.

(j) A house parent shall be responsible for not more than sixteen school-aged children. The number of children for whom a house parent is responsible shall be reduced proportionately when the house parent is assigned other duties in addition to serving children.

(k) Provisions for use of professional staff shall be as follows:

(1) Each institution shall use professional services that will help assure proper growth and development of children; and

(2) Persons giving the professional services shall meet the qualifications to be recognized and accepted by the person's own professional organization.

(l) Other staff employed to carry out the everyday housekeeping, maintenance, and administrative functions of the institution shall be hired for their ability to do the job and their ability to relate to and work with children.

(m) Applicants and employees shall be subject to fingerprint checks of the State and national criminal records and shall not have a criminal history record, employment history, or background which poses a risk to children.

(1) Applicants and employees shall not have any of the following:

(A) A felony conviction, at any time, for child abuse or neglect, for spousal abuse, for a crime against children (including child pornography), or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or

(B) A felony conviction, within the last five years, for physical assault, battery, or a drug-related offense.

(2) Convictions of other crimes, the circumstances of which indicate that the applicant or employee poses a risk to the health, safety, or well-being of children, may be grounds for denial, revocation, or non-renewal of a certificate of approval or a reason to request termination of an employee, according to departmental procedures.

(3) Except for the felony convictions in paragraph (1), the type of criminal offense, when it occurred and evidence of rehabilitation may be considered in determining whether the individual poses a risk to the health, safety, or well being of children. A single item of evidence, however, may not be conclusive evidence of rehabilitation.

(4) An employment history indicating violence, alcohol or drug abuse, and any other violation of employer rule or policy, the circumstances of which indicate that the applicant or employee may pose a risk to the health, safety, or well-being of children, may be grounds for denial, revocation, or non-renewal of a certificate of approval or a reason to request termination of an employee.

(5) Background information that shows that the individual has been identified as and confirmed to be the maltreater of child abuse or neglect may be a basis for denial, revocation, or non-renewal of certificate of approval or a reason to request termination of an employee.

Notes

Haw. Code R. § 17-1627-19

[Eff DEC 09 2010] (Auth: HRS §§ 346-14, 346-17) (Imp: HRS § 346-17)