§346-154 Criminal history record checks. (a) The department shall develop standards to assure the reputable and responsible character of an applicant to operate a child care facility, prospective employees of the applicant, and new employees of the provider after registration or licensure, which shall include, but not be limited to, criminal history record checks.

(b) An applicant to operate a child care facility shall submit to the department statements signed under penalty of perjury by the applicant and prospective employees of the applicant indicating whether the applicant or any of the prospective employees has ever been convicted of a crime other than a minor traffic violation involving a fine of $50 or less and providing consent to the department to conduct a criminal history record check and to obtain criminal history record information for verification. The applicant and prospective employee of the applicant shall be fingerprinted for the purpose of complying with the criminal history record check.

A provider shall submit to the department a statement signed under penalty of perjury by any employee hired after the initial licensure or registration indicating whether the employee has ever been convicted of a crime other than a minor traffic violation involving a fine of $50 or less and providing consent to the department to conduct a criminal history record check and obtain criminal history record information for verification. The employee shall be fingerprinted for the purpose of complying with the criminal history record check.

(c) The department shall obtain criminal history record information through the Hawaii criminal justice data center on the applicant and any prospective employee of the applicant, including any new employee after the applicant is issued a registration or license under this part. The Hawaii criminal justice data center may assess the applicant, prospective employee, or new employee a reasonable fee for each criminal history record check conducted. The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to applicable federal laws and regulations.

(d) The department may deny an application for a license or registration to operate a child care facility if the applicant or any prospective employee has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less and if the department finds that the criminal history record of that applicant or prospective employee may pose a risk to the health, safety, or well-being of children.

The department may request the provider to terminate the employment of a new employee or may suspend the license or registration of the provider who employs a new employee if the employee has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less and if the department finds that the criminal history record of the new employee may pose a risk to the health, safety, or well-being of children. [L 1985, c 208, pt of §2; am L 1986, c 297, §3]