THE SENATE	S.B. NO.	2539
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to child care.

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

SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to subpart B of part VIII to be appropriately designated and to read as follows:

"§346-   Failure to properly care for a child resulting in death or injury. (a) Any person who operates, maintains, or conducts a group child care home or group child care center in which a child dies or is injured as a result of failure to properly care for the child shall be guilty of a misdemeanor.

(b) For the purposes of this section, failure to properly care for a child shall be presumed when a person who operates, maintains, or conducts a group child care home or group child care center violates a statute, rule, or regulation relating to child care.

(c) Notwithstanding any provision of section 346-164 to the contrary, any license or temporary permit issued under this part to a person convicted of an offense under this section shall be revoked immediately upon conviction."

SECTION 2. Section 346-164, Hawaii Revised Statutes, is amended to read as follows:

"§346-164 Suspension and revocation of licenses and permits; reissuance. Any license or temporary permit issued under this subpart may be suspended or revoked by the department of human services after due notice and hearing, the provisions for which shall be made in the rules. However, upon a determination by the department that conditions exist which constitute an imminent danger to the health, welfare, or safety of the children cared for, a license or temporary permit may be immediately suspended pending a hearing by the department as herein provided. The department, in its discretion, may reissue a license or temporary permit which has been suspended or revoked upon satisfying itself that minimum standards have been or will be met[.]; provided that the department shall not reissue a license or temporary permit which has been revoked pursuant to section 346-  (c) unless the conviction that resulted in the revocation is vacated."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Licensed Child Care Providers; Failure to Properly Care; Injury or Death; Misdemeanor

Description:

Establishes a misdemeanor offense when a child under the care of a licensed child care provider is injured or killed as a result of failure to properly care for the child. Requires that a child care provider's license be immediately revoked upon conviction of the new offense.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.