Current through September, 2024
Section 17-1627-6 - Application(a) Any person, agency, or organization desiring or planning to operate a child-caring institution shall be required to submit a written application to the department for a certificate of approval.(b) The department shall disqualify applicants who in this State or elsewhere have for cause been denied a license, had a license not renewed, or had a license revoked to operate a child-caring institution, a child-placing organization, a resource family home, a nursing home, boarding home, day care, or adult family home or any other facility for the care of children or adults.(c) The following information shall also be submitted to complete the application: (1) Location and building plans (see sections 17-1627-20 and 17-1627-21 );(2) Written statement of the institution's program and of the services to be provided by the institution (see section 17-1627-16);(3) Statement of legal authority. (A) In the case of incorporated organizations, the legal authority shall include: (i) A copy of the charter and articles of incorporation;(ii) A copy of the by-laws; and(iii) A current list of officers, directors, and trustees, showing terms of office.(B) In the case of individuals, partnerships, or unincorporated organizations, the legal authority shall include the names of the individuals who are. fully responsible for any debts or obligations incurred by the institution;(4) A copy of the personnel policies;(5) A list of employees, by name, position, and date of employment;(6) A copy of the estimated annual budget for the coming year;(7) A copy of the institution's policies on admission, program, care of children, and discharge; and(8) Verification that requirements of the department of education are met when a regular school program is conducted in the institution.(d) Applicants shall submit statements signed under penalty of perjury indicating whether they were ever convicted of a crime and provide consents to conduct criminal history clearances, child abuse and neglect (CA/N) registry checks, background, employment, and any other checks as may be required by the department, state, or federal laws. Such information and consents shall be given upon forms supplied by the department. Any applicant who refuses to provide consents shall not be considered for licensure.(e) The department shall conduct criminal history clearances, child abuse and neglect (CA/N) registry checks, background, and employment checks and any other checks deemed necessary on all applicants. The applicant, in turn, shall conduct these checks and any other checks deemed necessary, on prospective employees.(f) The department shall review the application, including but not limited to, the applicant's qualifications, to determine that the proposed services and program meet the requirements of this chapter, and that the services are needed in the community.(g) The department shall dispose of the application within ninety calendar days upon receipt of the complete application, provided that all criminal history clearances, child abuse and neglect (CA/N) registry checks, background, and employment checks and verifications required in section 17-1627-7(b) have been received by the department.[Eff DEC 09 2010] (Auth: HRS §§ 346-14, 346-17) (Imp: HRS § 346-17)