9.1 Parental Complaint Process

Lead Agencies must maintain a record of substantiated parental complaints against child care providers and make information regarding such complaints available to the public on request. Lead Agencies must also provide a detailed description of the hotline or similar reporting process for parents to submit complaints about child care providers; the process for substantiating complaints; the manner in which the Lead Agency maintains a record of substantiated parental complaints; and ways that the Lead Agency makes information on such parental complaints available to the public on request. Lead Agencies are not required to limit the complaint process to parents. 9.1.1 Parental complaint process a. Describe the Lead Agency’s hotline or similar reporting process through which parents can submit complaints about child care providers, including a link if it is a Web-based process: The Department of Human Services’ website provides information for reporting child care complaints: https://humanservices.hawaii.gov/bessd/child-care-program/child-care- licensing/reporting-child-care-complaints-and-investigations/ A statewide listing of all child care licensing offices and contact information are provided for parents to contact and submit complaints. Child care licensing offices are open Monday through Friday, 7:45 am-4:30 pm, excluding State holidays. Parents can leave a message during hours when the offices are not open, and a staff person will call back to obtain additional information needed for the complaint. Callers are reminded that their identity will not be disclosed without a court order. b. Describe how the parental complaint process ensures broad access to services for families that speak languages other than English: The Department of Human Services utilizes their Department’s interpreter services for families that speak languages other than English. Families can also utilize the Language Assistance Line for the Department by calling 1-888- 764-7586. For parental complaints, the family will contact the licensing unit who will utilize the Department’s interpreter services to collect information about the complaint. c. Describe how the parental complaint process ensures broad access to services for persons with disabilities: The Department of Human Services will provide reasonable accommodations to families requesting for assistance. Persons that utilize assistive technology can request to receive the informational material on the Department’s website in their preferred format by emailing: DHSCivilRightsBox@dhs.hawaii.gov or calling the Human Resources Office at (808) 586-4955. The Hawaii Relay Service (dial 711) is available also to hearing impaired and deaf individuals. More information is listed on the DHS website: https://humanservices.hawaii.gov/accessibility- policy/https://humanservices.hawaii.gov/civil-rights-corner/ d. For complaints about providers, including CCDF providers and non-CCDF providers, does the Lead Agency have a process and timeline for screening, substantiating, and responding to complaints, including information about whether the process includes monitoring? [x] Yes. If yes, describe: For licensed and registered child care facilities and homes, whether they care for children whose families receive CCDF subsidies from the Department, the Department of Human Services investigates complaints received from a parent or someone from the public and determines whether there is evidence to support the allegations in the complaint. The allegation must relate to a violation of the Hawaii law or a violation of the Department's administrative rules regarding licensure or registration of child care facilities or homes. If there is evidence to support an allegation in the complaint based on the investigation conducted by the Department, the Department will substantiate the complaint allegation. Monitoring inspection visits are conducted to ensure compliance with Hawaii law and Hawaii Administrative Rules, and visits will be conducted to the home or facility within two (2) business days if the allegation involves imminent risk to children in care. If the allegation does not relate to violation of the law or administrative rules, the Department of Human Services will not accept the complaint for an investigation. For legally exempt child care providers, the Department of Human Services investigates complaints received if the allegation relates to a violation of the Hawaii law regarding requirements for child care facilities to be licensed by or registered with the Department of Human Services if not operating under an allowable exemption. If the legally exempt program is not alleged to be in violation of the Hawaii law regarding requirements for child care facilities to be licensed by or registered with the Department of Human Services and the program is not under the jurisdiction of the Department (e.g. pre- kindergarten classroom operated by the Department of Education or military operated child care centers), the Department would refer the caller to contact the appropriate agency that oversees the program. The Department of Human Services implemented monitoring legally exempt child care providers caring for CCDF subsidy children as of July 2021. The Department also conducts complaint investigations for allegations of violations of health and safety requirements and monitoring inspection visits will be conducted to ensure compliance with the law and administrative rules. [ ] No. e. For substantiated parental complaints, who maintains the record for CCDF and non-CCDF providers? The Department of Human Services maintains a record of substantiated complaints received about licensed and registered child care providers for as long as the provider is licensed or registered with the Department. Once the home or facility closes its registration or license, the Department of Human Services maintains the records for three (3) years and then will destroy the records for the home or facility. For exempt providers that are not licensed or registered with the Department of Human Services , the Department will maintain the substantiated complaint record for three years and then will destroy the record. For child care providers that are not licensed or registered with the Department of Human Services, the Department will maintain the substantiated complaint record for three years and then will destroy the record. The records are maintained in a hard-copy format, written report, on file at the investigating child care licensing office. For substantiated complaint reports for all child care providers, a redacted version with non-confidential information may be made available for inspection or duplication, as allowed under Chapter 92F, Hawaii Revised Statutes. f. Describe how information about substantiated parental complaints is made available to the public; this information can include the consumer education website discussed in subsection 9.2: The Department of Human Services will make non-confidential information about the substantiated complaint records available to the public via copies of hard copy reports, as allowed under Chapter 92F, Hawaii Revised Statutes, for requests made to the child care licensing office that maintains the record. The Department of Human Services has not completed implementation of its consumer education website with provider search functionality. Once the consumer education website with the provider search functionality is implemented, the Department of Human Services will post a redacted version with non-confidential information for substantiated complaint reports for three (3) years from the date of the completion of the complaint report for licensed, registered and legally exempt-center child care providers that are listed with the Department to care for children whose families receive CCDF subsidies from the Department.