2023 Hawaii Revised Statutes
Title 20. Social Services
346. Department of Human Services
346-2.5 Background checks.

§346-2.5 Background checks. (a) The department shall develop procedures for obtaining verifiable information regarding the criminal history of any person who is employed or seeking employment, including a contractor and its employees or subcontractor and its employees if prior authority to access federal tax information has been provided by the United States Department of the Treasury, if the person will require access to federal tax information. The procedures shall include criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the department for the purpose of determining whether a person is suitable for accessing federal tax information in accordance with applicable federal laws.

(b) The department may terminate or deny employment to any current or prospective employee or terminate or refuse to secure the services of a contractor and its employees or subcontractor and its employees authorized under subsection (a), if the department finds by reason of the nature and circumstances of the background investigation conducted under subsection (a) that the current or prospective employee, contractor, contractor's employees, subcontractor, or subcontractor's employees pose a risk to the security of federal tax information. Termination or denial of employment or refusal to secure services under this subsection shall only occur after appropriate notification to the current or prospective employee, contractor, or subcontractor of the findings of the background investigation, and after the current or prospective employee, contractor, or subcontractor is given an opportunity to respond to the findings. Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 and 89, or administrative rules of the department.

(c) The department shall develop procedures for obtaining verifiable information regarding the criminal history, and information confirming the reputable and responsible character, of any current or prospective employee, volunteer, contractor, contractor's employee or volunteer, subcontractor, or subcontractor's employee or volunteer, whose position places or would place them in close proximity to minors, young adults, or vulnerable adults who are receiving from the department:

(1) Child welfare services;

(2) Social services;

(3) Services intended to prevent abuse or neglect; or

(4) Services intended to assist youth aging out of foster care with obtaining and maintaining independent living skills.

(d) Any current or prospective employee, volunteer, contractor, contractor's employee or volunteer, subcontractor, or subcontractor's employee or volunteer, whose position places or would place them in close proximity to minors, young adults, or vulnerable adults as described in subsection (c) shall:

(1) Be fingerprinted for purposes of a criminal history record check;

(2) Submit to a criminal history record check in accordance with section 846-2.7;

(3) Consent to the department obtaining other criminal history records for verification; and

(4) Consent to the department conducting searches of the state adult protective services central registry of reported cases established in section 346-224 and child abuse and neglect registry;

provided that a new department employee or volunteer shall be fingerprinted before beginning employment or volunteer work; provided further that the information obtained pursuant to this subsection and subsection (e) shall be used exclusively by the department to determine whether it is appropriate for the person to work in close proximity to minors, young adults, or vulnerable adults.

(e) The department may periodically obtain criminal history information on all persons who are subject to this section through the Hawaii criminal justice data center.

(f) The department may terminate or deny employment to a current or prospective employee or volunteer, or terminate or refuse to secure the services of a contractor or the contractor's employees or volunteers, or a subcontractor or the subcontractor's employees or volunteers, if the department finds, based on the results of the background investigation conducted pursuant to subsections (d) and (e), that the current or prospective employee, volunteer, contractor, contractor's employee or volunteer, subcontractor, or subcontractor's employee or volunteer may pose a risk to the health, safety, security, or well-being of minors, young adults, or vulnerable adults as described in subsection (c). Termination or denial of employment or termination or refusal to secure services under this subsection shall occur only after the department notifies the current or prospective employee, contractor, or subcontractor of the findings of the background investigation, and after the current or prospective employee, contractor, or subcontractor is given an opportunity to respond to the findings. Nothing in this subsection shall abrogate any applicable rights to appeal under chapters 76 and 89 or the administrative rules of the department.

(g) The department shall be exempt from section 831-3.1 and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91.

(h) For purposes of this section:

"Vulnerable adult" has the same meaning as defined in section 346-222.

"Young adult" means a person between the ages of eighteen and twenty-one or a person authorized by the Foster Care Independence Act of 1999, P.L. 106-169, or other applicable law, regardless of age, to receive benefits and services aimed at assisting youth aging out of foster care in the United States in obtaining and maintaining independent living skills. [L 2017, c 132, §3; am L 2023, c 88, §3]