2013 Hawaii Revised Statutes
TITLE 19. HEALTH
333F. Services for Persons with Developmental Disabilities or Mental Retardation
333F-22 Criminal history record checks.

§333F-22 Criminal history record checks. (a) The department shall adopt rules pursuant to chapter 91 to ensure the reputable and responsible character of an applicant to operate an adult foster home or developmental disabilities domiciliary home, of existing providers and their employees, of current and prospective employees of the applicant, and of new employees of the provider after certification or licensure, which shall provide for, but not be limited to, criminal history record checks in accordance with section 846-2.7.

(b) For the purposes of this section, "developmental disabilities domiciliary homes" means any facility licensed under section 321-15.9 that provides twenty-four hour supervision or care, excluding licensed nursing care, for a fee, to not more than five adults with intellectual disabilities or developmental disabilities as defined in this chapter; and "adult foster homes" shall be as defined under section 321-11.2.

(c) An applicant to operate an adult foster home or developmental disabilities domiciliary home and all current and prospective employees of the applicant shall be subject to criminal history record checks in accordance with section 846-2.7, and shall provide consent to the department or the department's designee to obtain criminal history record information for verification.

(d) Each existing provider or provider and all employees hired after the initial licensure or certification of the existing provider or provider shall be subject to criminal history record checks in accordance with section 846-2.7, and shall provide consent to the department or the department's designee to obtain criminal history record information for verification.

(e) The department or the department's designee is authorized to obtain criminal history record information through the Hawaii criminal justice data center on existing providers and their employees upon their next licensure or certification renewal date, and on any applicant and all current and prospective employees of the applicant, including all new employees after the applicant is issued a certification or license under this chapter.

(f) Once fingerprints are on file, yearly licensure or certification renewals for providers and employees will require only state criminal history record checks through the Hawaii criminal justice data center.

(g) The department may revoke a current license or certification or deny an application for a license or certification to operate an adult foster home or developmental disabilities domiciliary home under rules adopted pursuant to chapter 91 if the existing provider or employee of an existing provider, applicant, current or prospective employee of the applicant, provider, or new employee of the provider refuses to submit to the department or the department's designee statements indicating criminal convictions, refuses to provide consent to the department or the department's designee to conduct a criminal history record check or obtain other criminal history record information for verification, refuses to be fingerprinted, has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less; or if the department or the department's designee finds that the criminal history record of the existing provider or employee of an existing provider, applicant, current or prospective employee of the applicant, provider, or new employee of the provider indicates that the individual may pose a risk to the health, safety, or well-being of persons with developmental or intellectual disabilities living in the home. [L 1994, c 53, §1; am L 2003, c 95, §8(2), (3); am L 2011, c 220, §§12, 13; am L 2012, c 285, §4]