Current through September, 2024
Section 17-1627-8 - Issuance of the certificate of approval(a) When the department determines through the study that the applicant is in satisfactory compliance with the requirements of this chapter, the department shall approve the application and shall issue a certificate of approval.(b) The certificate of approval shall: (1) Be valid for one year; or(2) Be valid for two years when the following criteria are met: (A) The institution has been in operation for at least one year as a licensed child-caring institution by the State;(B) The institution fully complied with all licensing requirements;(C) There were no major changes in the institutional structure or in policies and procedures relating to foster care;(D) The applicants and employees of applicants have no criminal history, employment history, or background which poses a risk to the health, safety, or well-being of children; and(E) There were no complaints by the workers, clients, or the public within the past year which were investigated and confirmed and which require closer monitoring by the department;(3) Specify the name and address of the institution to which the certificate is issued, the number, sex, and age of children for whom the institution is licensed to give care, and any exceptions;(4) Be non-transferable; and(5) Be conspicuously posted on the premises of the institution.(c) The certificate of approval shall be invalid when:(1) The person or organization to whom the certificate of approval was issued ceases to operate the child-caring institution;(2) There is a change of location;(3) There is a change in function; or(4) There is an increase beyond the maximum number or a change in the sex and age of children from that specified on the certificate of approval.(d) After the issuance of the certificate of approval, the applicant shall ensure that new employees and rehires comply with section 17-1627-6(e) within five working days of employment.(e) The department may request the institution terminate the employment of an employee who has a criminal history, employment history, or background which poses a risk to children in care. Any such request shall be in writing and shall specify the criminal history, employment history, or background information that indicate a risk to children. (1) The institution shall notify the department, within seven working days of receipt of the request, what action was taken. Such notification shall be in writing and shall state the reasons for the decision.(2) Refusal to terminate the employment of an employee when requested by the department may result in immediate revocation or suspension of a certificate of approval.[Eff DEC 09 2010] (Auth: HRS §§ 346-14, 346-17) (Imp: HRS § 346-17)