REPORT TITLE:
Family Child Care


DESCRIPTION:
Includes condominiums and apartments as types of residences
eligible to be used as child care facilities for unrelated
children.  Mandates that persons providing child care in
condominiums and apartments provide care for at least 2 children
whose parents or guardians reside in the building if caring for 5
or more children, and 1 child or more whose parents or guardians
reside in the building if caring for 4 children or less.  Sunsets
in 2 years. (HB92 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        92
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                    
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FAMILY CHILD CARE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 46-15.35, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  For the purposes of this section, "family child care
 
 4 home" means a private [home where six or fewer children are cared
 
 5 for.] residence, including a home, condominium, or apartment, at
 
 6 which care may be provided for three to no more than six
 
 7 children, who are unrelated to the caregiver by blood, marriage,
 
 8 or adoption at any given time; provided that persons providing
 
 9 child care in a condominium or apartment shall care for:
 
10      (1)  Two or more children whose parents or guardians reside
 
11           within the condominium or apartment when there are five
 
12           children or more receiving care in a family child care
 
13           home; and
 
14      (2)  One or more children whose parents or guardians reside
 
15           within the condominium or apartment when there are four
 
16           children or fewer receiving care in a family child care
 
17           home."
 
18      SECTION 2.  Section 346-151, Hawaii Revised Statutes, is
 
19 amended by amending the definition of "family child care home" to
 
20 read as follows:
 

 
Page 2                                                     92
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      ""Family child care home" means a private [home] residence,
 
 2 including a home, condominium, or apartment, at which care may be
 
 3 provided for three to no more than six children, who are
 
 4 unrelated to the caregiver by blood, marriage, or adoption, at
 
 5 any given time[.]; provided that persons providing child care in
 
 6 a condominium or apartment shall care for:
 
 7      (1)  Two or more children whose parents or guardians reside
 
 8           within the condominium or apartment when there are five
 
 9           children or more receiving care in a family child care
 
10           home; and
 
11      (2)  One or more children whose parents or guardians reside
 
12           within the condominium or apartment when there are four
 
13           children or fewer receiving care in a family child care
 
14           home."
 
15      SECTION 3.  Section 501-231, Hawaii Revised Statutes, is
 
16 amended by amending subsections (b) and (c) to read as follows:
 
17      "(b)  This provision shall not apply to:
 
18      (1)  Housing for older persons as defined by 42 United
 
19           States Code section 3607(b)(2);
 
20      (2)  Limited-equity housing cooperatives created pursuant to
 
21           chapter 421H;
 
22      (3)  Cooperative housing corporations created pursuant to
 
23           chapter 421I; or
 

 
Page 3                                                     92
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1     [(4)  Condominium property regimes created pursuant to
 
 2           Chapter 514A; or
 
 3      (5)] (4)  Townhouse projects that consist of a series of
 
 4           three or more individual dwelling units having
 
 5           architectural unity and a common wall between each
 
 6           adjacent unit and in which the owners of the units are
 
 7           members of an association which is responsible for
 
 8           common areas available for use by the members of the
 
 9           association.
 
10      (c)  For the purposes of this section "family child care
 
11 home" means a private [home where six or fewer children are cared
 
12 for.] residence, including a home, condominium, or apartment, at
 
13 which care may be provided for three to no more than six
 
14 children, who are unrelated to the caregiver by blood, marriage,
 
15 or adoption at any given time; provided that persons providing
 
16 child care in a condominium or apartment shall care for:
 
17      (1)  Two or more children whose parents or guardians reside
 
18           within the condominium or apartment when there are five
 
19           children or more receiving care in a family child care
 
20           home; and
 
21      (2)  One or more children whose parents or guardians reside
 
22           within the condominium or apartment when there are four
 
23           children or fewer receiving care in a family child care
 
24           home."
 

 
Page 4                                                     92
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 4.  Section 502-111, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (b) and (c) to read as follows:
 
 3      "(b)  This provision shall not apply to:
 
 4      (1)  Housing for older persons as defined by 42 United
 
 5           States Code section 3607(b)(2);
 
 6      (2)  Limited-equity housing cooperatives created pursuant to
 
 7           chapter 421H;
 
 8      (3)  Cooperative housing corporations created pursuant to
 
 9           chapter 411I; or
 
10     [(4)  Condominium property regimes created pursuant to
 
11           chapter 514A; or
 
12      (5)] (4)  Townhouse projects that consist of a series of
 
13           three or more individual dwelling units having
 
14           architectural unity and a common wall between each
 
15           adjacent unit and in which the owners of the units are
 
16           members of an association which is responsible for
 
17           common areas available for use by the members of the
 
18           association.
 
19      (c)  For the purposes of the section, "family child care
 
20 home" means a private [home where six or fewer children are cared
 
21 for.] residence, including a home, condominium, or apartment, at
 
22 which care may be provided for three to no more than six
 
23 children, who are unrelated to the caregiver by blood, marriage,
 

 
Page 5                                                     92
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 or adoption at any given time; provided that persons providing
 
 2 child care in a condominium or apartment shall care for:
 
 3      (1)  Two or more children whose parents or guardians reside
 
 4           within the condominium or apartment when there are five
 
 5           children or more receiving care in a family child care
 
 6           home; and
 
 7      (2)  One or more children whose parents or guardians reside
 
 8           within the condominium or apartment when there are four
 
 9           children or fewer receiving care in a family child care
 
10           home."
 
11      SECTION 5.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 6.  This Act shall take effect upon its approval,
 
14 and shall be repealed on June 30, 2001.
 
15  
 
16  
 
17