5.5 Monitoring and Enforcement of Licensing and Health and Safety Requirements

of and protection from hazards, bodies of water, and vehicular traffic f. Prevention of shaken baby syndrome, abusive head trauma and child maltreatment [x] [x] [x] g. Emergency preparedness and response planning and procedures [x] [x] [x] h. Handling and storage of hazardous materials and disposal of biocontaminants [x] [x] [x] i. Appropriate Precautions in transporting children, if applicable [x] [x] [x] j. Pediatric first aid and pediatric CPR (age- appropriate) [ ] [ ] [ ] k. Child abuse and neglect recognition and reporting [x] [x] [x] l. Child development including major domains of cognitive, social, emotional, physical development and approaches to learning. [x] [x] [x] 5.5.1 Inspections for licensed CCDF providers Licensing inspectors must perform at least one annual, unannounced inspection of each licensed CCDF provider for compliance with all child care licensing standards, including an inspection for compliance with health and safety and fire standards. Lead Agencies must conduct at least one pre-licensure inspection for compliance with health, safety, and fire standards of each child care provider and facility in the State/Territory. a. Licensed CCDF center-based providers i. Does your pre-licensure inspection for licensed center-based providers assess compliance with health standards, safety standards, and fire standards? [x] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed center- based providers addressing compliance with health, safety, and fire standards: [x] Annually. [ ] More than once a year. If more than once a year, describe: [ ] Other. If other, describe: iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed center-based providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. If no, describe: Licensed center-based providers are required to have at least one full licensing inspection each year where all of the CCDF health and safety standards are verified. iv. Identify which department or agency is responsible for completing the inspections for licensed center-based providers. The Department of Human Services b. Licensed CCDF family child care providers i. Does your pre-licensure inspection for licensed family child care homes assess compliance with health standards, safety standards, and fire standards? [x] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed family child care homes addressing compliance with health, safety, and fire standards: [x] Annually. [ ] More than once a year. If more than once a year, describe: [ ] Other. If other, describe: iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed family child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. If no, describe: Family child care providers are required to have at least one full licensing inspection visit each year where all of the licensing and CCDF health and safety standards are verified. iv. Identify which department or agency is responsible for completing the inspections for licensed family child care providers. The Department of Human Services c. Licensed in-home CCDF child care providers i. Does your Lead Agency license CCDF in-home child care (care in the child’s own home) providers? [x] No. [ ] Yes. If yes, does your pre-licensure inspection for licensed in-home providers assess compliance with health, safety, and fire standards? [ ] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed in-home child care providers for compliance with health, safety, and fire standards completed: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: N/A iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed in-home child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iv. Identify which department or agency is responsible for completing the inspections for licensed in-home providers. N/A 5.5.2 Inspections for license-exempt providers Licensing inspectors must perform at least one annual monitoring visit of each license-exempt CCDF provider for compliance with health, safety, and fire standards. Inspections for relative providers will be addressed in subsection 5.8. Describe the policies and practices for the annual monitoring of: a. License-exempt CCDF center-based child care providers i. Identify the frequency of inspections for compliance with health, safety, and fire standards for license-exempt center-based providers: [x] Annually. [ ] More than once a year. If more than once a year, describe: [ ] Other. If other, describe: ii. Does the Lead Agency implement a differential monitoring approach when monitoring license-exempt center-based providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iii. Identify which department or agency is responsible for completing the inspections for license-exempt center-based CCDF providers. The Department of Human Services b. License-exempt CCDF family child care providers i. Identify the frequency of the inspections of license-exempt family child care providers to determine compliance with health, safety, and fire standards: [x] Annually. [ ] More than once a year. If more than once a year, describe: [ ] Other. If other, describe: ii. Does the Lead Agency implement a differential monitoring approach when monitoring license-exempt family child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iii. Identify which department or agency is responsible for completing the inspections for license-exempt family child care providers. The Department of Human Services 5.5.3 Inspections for CCDF license-exempt in-home child care providers Lead Agencies may develop alternate monitoring requirements for care provided in the child’s home that are appropriate to the setting. This flexibility cannot be used to bypass the monitoring requirement altogether. a. Describe the requirements for the annual monitoring of CCDF license-exempt in-home child care (care in the child’s own home) providers, including if monitoring is announced or unannounced, occurs more frequently than once per year, and if differential monitoring procedures are used. Annual monitoring visits are announced and ensure that CCDF license-exempt in-home child care providers are meeting the basic health and safety requirements in Chapter 17-798.3 and there are no hazards that would pose an imminent risk to children’s health or safety. b. List the entity(ies) in your State/Territory responsible for conducting inspections of license-exempt CCDF in-home child care (care in the child’s own home) providers: The Department of Human Services Child Care Licensing Units. 5.5.4 Posting monitoring and inspection reports Lead Agencies must post monitoring and inspection reports on their consumer education website for each licensed and CCDF child care provider, except in cases where the provider is related to all the children in their care. These reports must include the results of required annual monitoring visits and visits due to major substantiated complaints about a provider’s failure to comply with health and safety requirements and child care policies. A full report covers everything in the monitoring visit, including areas of compliance and non-compliance. If the Lead Agency does not produce any reports that include areas of compliance, the website must include information about all areas covered by a monitoring visit. The reports must be in plain language or provide a plain language summary Lead Agency and be timely to ensure that the results of the reports are available and easily understood by parents when they are deciding on a child care provider. Lead Agencies must post at least 3 years of monitoring and inspection reports. a. Does the Lead Agency post: i. [ ] Pre-licensing inspection reports for licensed programs. ii. [ ] Full monitoring and inspection reports that include areas of compliance and non-compliance for all non-relative providers eligible to provide CCDF services. iii. [ ] Monitoring and inspection reports that include areas of non-compliance only, with information about all areas covered by a monitoring visit posted separately on the website (e.g., a blank checklist used by monitors) for all non-relative providers eligible to provide CCDF services. If checked, provide a direct URL/website link to the website where a blank checklist is posted: iv. [x] Other. Describe: The Department of Human Services (DHS) is not compliant by 10/01/24 for Consumer and Provider Education - Monitoring and Inspection Reports (section 98.33(a)(4). Preliminary Notice of Possible Non-Compliance Rev date: 01/2023. Hawaii will need additional time to fully implement the requirement. DHS is currently working with a contractor to make inspection and complaint reports available on the consumer education website which is currently not in production. The consumer education website will be implemented into production in two (2) phases; phase one (1) will include the provider’s information, and phase two (2) will include monitoring inspection reports and substantiated complaint reports. The anticipated date for the implementation of phase 1 is September 2024 and phase 2 in December 2024, respectively. b. Check if the monitoring and inspection reports and any related plain language summaries include: i. [ ] Date of inspection. ii. [ ] Health and safety violations, including those violations that resulted in fatalities or serious injuries occurring at the provider. Describe how these health and safety violations are prominently displayed: iii. [ ] Corrective action plans taken by the Lead Agency and/or child care provider. Describe: iv. [ ] A minimum of 3 years of results, where available. v. If any of the components above are not selected, please explain: The Department of Human Services (DHS) is not compliant by 10/01/24 for Consumer and Provider Education - Monitoring and Inspection Reports (section 98.33(a)(4). Preliminary Notice of Possible Non-Compliance Rev date: 01/2023. DHS will need additional time to fully implement the requirement. The Department of Human Services is currently working with a contractor to make inspection and complaint reports available on the consumer education website which is currently not in production. The consumer education website will be implemented into production in two (2) phases; phase one (1) will include the provider’s information, and phase two (2) will include monitoring inspection reports and substantiated complaint reports. The anticipated date for the implementation of phase 1 is September 2024 and phase 2 in December 2024, respectively. c. Lead Agencies must post monitoring and inspection reports and/or any related summaries in a timely manner. i. Provide the direct URL/website link to where the reports are posted: The Department of Human Services (DHS) is not compliant by 10/01/24 for Consumer and Provider Education - Monitoring and Inspection Reports (section 98.33(a)(4). Preliminary Notice of Possible Non-Compliance Rev date: 01/2023. DHS will need additional time to fully implement the requirement. The Department of Human Services is currently working with a contractor to make inspection and complaint reports available on the consumer education website which is currently not in production. The consumer education website will be implemented into production in two (2) phases; phase one (1) will include the provider’s information, and phase two (2) will include monitoring inspection reports and substantiated complaint reports. The anticipated date for the implementation of phase 1 is September 2024 and phase 2 in December 2024, respectively. ii. Identify the Lead Agency’s established timeline for posting monitoring reports and describe how it is timely: The Department of Human Services (DHS) is not compliant by 10/01/24 for Consumer and Provider Education - Monitoring and Inspection Reports (section 98.33(a)(4). Preliminary Notice of Possible Non-Compliance Rev date: 01/2023. DHS will need additional time to fully implement the requirement. The Department of Human Services is currently working with a contractor to make inspection and complaint reports available on the consumer education website which is currently not in production. The consumer education website will be implemented into production in two (2) phases; phase one (1) will include the provider’s information, and phase two (2) will include monitoring inspection reports and substantiated complaint reports. The anticipated date for the implementation of phase 1 is September 2024 and phase 2 in December 2024, respectively. d. Does the Lead Agency certify that the monitoring and inspection reports or the summaries are in plain language that is understandable to parents and other consumers? [ ] Yes. [x] No. If no, describe: The Department of Human Services (DHS)is not compliant by 10/01/24 for Consumer and Provider Education - Monitoring and Inspection Reports (section 98.33(a)(4). Preliminary Notice of Possible Non-Compliance Rev date: 01/2023. DHS will need additional time to fully implement the requirement. The Department of Human Services is currently working with a contractor to make inspection and complaint reports available on the consumer education website which is currently not in production. The consumer education website will be implemented into production in two (2) phases; phase one (1) will include the provider’s information, and phase two (2) will include monitoring inspection reports and substantiated complaint reports. The anticipated date for the implementation of phase 1 is September 2024 and phase 2 in December 2024, respectively. e. Does the Lead Agency certify that there is a process for correcting inaccuracies in the monitoring and inspection reports? [ ] Yes. [x] No. If no, describe: The Department of Human Services (DHS) is not compliant by 10/01/24 for Consumer and Provider Education - Monitoring and Inspection Reports (section 98.33(a)(4). Preliminary Notice of Possible Non-Compliance Rev date: 01/2023. DHS will need additional time to fully implement the requirement. The Department of Human Services is currently working with a contractor to make inspection and complaint reports available on the consumer education website which is currently not in production. The consumer education website will be implemented into production in two (2) phases; phase one (1) will include the provider’s information, and phase two (2) will include monitoring inspection reports and substantiated complaint reports. The anticipated date for the implementation of phase 1 is September 2024 and phase 2 in December 2024, respectively. f. Does the Lead Agency maintain monitoring and inspection reports on the consumer education website? [ ] Yes. [x] No. If no, describe: The Department of Human Services (DHS)is not compliant by 10/01/24 for Consumer and Provider Education - Monitoring and Inspection Reports (section 98.33(a)(4). Preliminary Notice of Possible Non-Compliance Rev date: 01/2023. DHS will need additional time to fully implement the requirement. The Department of Human Services is currently working with a contractor to make inspection and complaint reports available on the consumer education website which is currently not in production. The consumer education website will be implemented into production in two (2) phases; phase one (1) will include the provider’s information, and phase two (2) will include monitoring inspection reports and substantiated complaint reports. The anticipated date for the implementation of phase 1 is September 2024 and phase 2 in December 2024, respectively. 5.5.5 Qualifications and training of licensing inspectors Lead Agencies must ensure that individuals who are hired as licensing inspectors (or qualified monitors designated by the Lead Agency) are qualified to inspect child care providers and facilities and have received health and safety training appropriate to the provider setting and age of the children served. Describe how the Lead Agency ensures that licensing inspectors (or qualified monitors designated by the Lead Agency) are qualified and have received training on health and safety requirements that are appropriate to the age of the children in care and the type of provider setting. The Department of Human Services has established minimum qualification requirements for individuals hired to be licensing inspectors. Graduation from an accredited four (4) year college or university with a bachelor's degree which included a minimum of 12 semester credit hours in courses such as counseling, criminal justice, human services, psychology, social work, social welfare, sociology, or other behavioral sciences, or a bachelor's or master's degree from social working a program of study accredited by the Council on Social Work Education, or a doctoral degree in social work from a college or university accredited by the Western Association of Schools and Colleges, or comparable regional accreditation body. Minimum Experience and education are requirements to achieve levels II and III of a licensing inspector. All licensing inspectors completed the training in license-exempt provider monitoring in March 2022 which was provided by the Staff Development Office within the Department's Benefit, Employment and Support Services Division and all licensing inspectors completed the training in the health and safety standards in the Child Care Provider’s guide booklet. 5.5.6 Ratio of licensing inspectors Lead Agencies must ensure the ratio of licensing inspectors to child care providers and facilities in the State/Territory are maintained at a level sufficient to enable the Lead Agency to conduct effective inspections of child care providers and facilities on a timely basis in accordance with federal, State, and local laws. Provide the ratio of licensing inspectors to child care providers (i.e., number of inspectors per number of child care providers) and facilities in the State/Territory and include how the ratio is sufficient to conduct effective inspections on a timely basis. The Statewide Branch Administrator for the Benefit, Employment and Support Services Division conducted an analysis of the number of licensed, registered, and legally-exempt providers that are caring for children whose families receive CCDF subsidies and who are not the child's grandparent, great-grandparent, adult sibling residing outside the home, aunt or uncle and the number of licensing inspectors statewide. Hawaii Department of Human Services considered regional variations and driving distances, to enable the State to conduct inspections of such child care providers and facilities on a timely basis. One (1) licensing inspector: 48 providers is the average inspector caseload, per the Statewide Branch Administrator for the Benefit, Employment and Support Services Division.