5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: Group Child Care Center, Group Child Care Homes, Infant and Toddler Child Care Centers, Before and After School Child Care Facilities. Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. b. Identify the family child care providers subject to licensing: Hawaii Revised Statutes (HRS) §346-171 requires that no person shall operate or maintain a family child care home unless registered to do so by the Department of Human Services. Family child care home or family child care or FCC means any private residence at which care is provided to six or fewer children at any given time, as defined in section 346-151, HRS at which care may be provided for three to no more than six (6) children who are unrelated to the caregiver by blood, marriage, or adoption, at any given time. According to Hawaii Administrative Rules 17-891.1, caregiver or provider is defined as any person who is responsible for the physical well-being, health, safety, supervision, and guidance of a child in child care. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: N/A Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. License-exempt before and after school programs, license-exempt group child care centers. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Exemptions for child care homes or centers: 1. Care for children less than six (6) hours per week. 2. Care for two (2) or fewer children who are unrelated to the caregiver by blood, marriage or adoption as (A) an aunt, uncle, grandparent, great-grandparent, great-great grandparent, first cousin, niece, nephew, grandniece, grandnephew, great aunt, or great uncle; (B) a stepfather, stepmother, stepbrother, or stepsister; or (C) The spouse of a person named in (A) or (B), even if the marriage is terminated by death, separation or divorce. 3. Any person who enters a home in a child caring capacity and only cares for children who are of that household. 4. Provides exclusively for a specialized training or skill development for children, including but not limited to programs providing activities such as athletic sports, foreign language, the Hawaiian language, dance, drama, music, or martial arts. 5. Are multi-service organizations or community associations duly incorporated under the laws of the State that operates for the purpose of promoting recreation, health, safety, or social group functions for eligible pupils in public and private schools through seventeen years of age. 6. Are county operated child care programs pursuant to section 302A-408. 7. Are a kindergarten, school or child care program licensed or certified by the Department of Education or the U.S. Department of Defense and located on federal property. 8. Operate for only two (2) consecutive weeks in a 3-month period and are for children four (4) years of age and older. 9. Are an afterschool, weekend, and summer recess program conducted by the Department of Education pursuant to section 302A-408, Hawaii Revised Statutes; and 10. Are a provider agency operating or managing a homeless facility or any other program for homeless persons authorized under part OVII of HRS chapter 346. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. License-exempt center-based providers that are CCDF eligible providers are required to be listed with the Department. They are also required to be in compliance with health and safety standards and undergo comprehensive background checks initially and on annual basis, complete initial and on-going health and safety annually, and have annual monitoring inspection visits. b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. Relative care providers, license-exempt family child care home providers. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Care for two (2) or fewer children who are unrelated to the caregiver by blood, marriage or adoption as (A) an aunt, uncle, grandparent, great- grandparent, great-great grandparent, first cousin, niece, nephew, grandniece, grandnephew, great aunt, or great uncle; (B) a stepfather, stepmother, stepbrother, or stepsister; or (C) The spouse of a person named in (A) or (B), even if the marriage is terminated by death, separation or divorce. Care for up to two (2) children who are unrelated to themselves in their own home. They may provide care to no more than six (6) children at the same time during any part of a 24-hour day, including the provider’s own children, except when the provider’s children are six (6) years of age or older. Care at the same time for no more than two (2) children under 18 months of age, including the provider’s own children under 18 months of age. A license-exempt provider may be approved by the department to care for up to four (4) children under 18 months of age when the family unit has the same number of children of such ages, and the care is during the night-time hours, and the provider does not care for any other children at the same time, including the provider’s own children, and exempt in-home care providers meeting the exemption under sections 346-152(a)(10), Hawaii Revised Statutes, may be approved by the department to care for up to eight (8) children, of which up to four (4) children under 18 months of age, of the same family unit when the family unit has the same number of children needing child care payments, and the provider does not care for any of the provider’s own children at the same time. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. License-exempt family child care providers are subject to at least one (1) monitoring visit annually and are required to meet health and safety requirements. They are required to have initial and annual comprehensive background checks for themselves, and all adult household members living in the home and must complete initial and annual health and safety training hours. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. Exempt in-home child care provider. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. In-home child care providers shall provide care to no more than six (6) children at the same time during any part of a 24-hour day, including their own children, except when their own children are six (6) years or older; and shall not care for more than two (2) children less than 18 months of age, including their own children under 18 months of age. An in-home child care provider who enters a home in a child caring capacity and only cares for children who are of that household, may be approved by the Department to care for up to eight (8) children, of which up to four (4) children under 18 months of age, of the same family unit when the family unit has the same number of children needing child care payments, and the provider does not care for any of the provider’s own children at the same time. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. In-home care providers are required to meet minimum health and safety standards to care for children whose families receive child care subsidy payments from the Department, including comprehensive background checks initially and annually, in accordance with Hawaii Administrative Rules §17-798.3-9(c). In-home child care providers are subject to at least one (1) monitoring visit annually and are required to meet health and safety requirements. They shall also complete initial health and safety training and on-going training annually.