Current through September, 2024
Section 17-893-4 - Issuance of certificate of approval(a) When the department determines through a review of the applicant's qualifications that the organization is in compliance with the requirements of this chapter, the department shall approve the application and shall issue a certificate of approval. The certificate of approval shall: (1) Be valid for one year; or be valid for two years when the following, criteria are met: (A) The organization has been in operation for at least one year as a licensed child placing organization by the State;(B) The organization fully complied with all licensing requirements;(C) There were no major changes in the organizational structure or in policies and procedures relating to foster care;(D) The applicants have no criminal history, employment history, or background checks which pose a risk to children; and(E) There were no complaints by the workers, clients, or the public which warranted investigation and which require closer monitoring;(2) Specify the name and address of the organization and shall be accompanied by a statement outlining the type of foster care program the organization is authorized to operate, the geographical area to be served, and the eligibility requirements of the children to be accepted;(3) Be non-transferable; and(4) Be conspicuously posted on the premises of the organization.(b) After the issuance of a certificate of approval, applicants shall ensure that new employees and rehires comply with section 17-893-3(b) and (c) no later than five working days of employment.(c) The department may request the applicant 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 state with specificity those criminal convictions, employment history, or background information which indicates a risk to children. (1) When the applicant does not terminate the employment of the employee, the applicant shall notify the department within seven working days of receipt of the request. 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 under this section may be grounds for revocation or suspension of a certificate of approval.[Eff 7/19/82; am 9/30/85; am 3/20/87; am and camp 7/30/92; am 9/16/96] (Auth: HRS § 346-17) (Imp: HRS § 346-17; Public Law 98-473, 42 U.S.C. §5751 )