Start a Daycare in Hawaii – Licensing – Regulations – Laws
Hawaii Daycare Licensing
Daycare centers ensure the welfare of children for parents who cannot attend to them all day. Times have changed and the economy has changed the way that mothers see employment. So there is an evident growing demand in these types of facilities.
In Hawaii alone, there are around 600 childcare facilities which vary from nurseries, child home care facilities and preschools. It is very important that when setting up a daycare center, it will comply with the rules from the government. A license must be obtain to ensure legal operation of the facility. There are certain procedures that must be followed in order to be granted a license. It is the Licensing Department of Hawaii which is responsible for all of this.
The Department ensures that each and every day care facility will operate for the benefit of the children. There are certain policies that must be followed or else there will be suspension or revocation of license when not followed. Each procedure for acquiring a license to operate must be followed and never violated.
Operations of the daycare center must follow the administration requirements. They must always state the operation policies of the facility which will be open to parents. This allows parents to clarify any policies which are unclear for them to make sure that their children will be taken care of by the facility.
Hawaii Day Care Centers are very specific when it comes to health standard for the children. They make sure that they maintain a direct relationship with physicians and consultants and address the needs of the children on a daily basis or in emergency cases. Handicapped toddlers are also accepted given that they are allowed by the facility and their own physician. There are specific regulations for them that must be followed.
There are set worker qualifications for those who wish to provide child care. Teachers, relatives, friends, family child care homes and child care centers must recognize these qualifications prior to providing child care. Depending on the age of the children, there are corresponding provider/ child ratio that must be remembered to each and everyone of them will be taken care of.
Sanitation of the day care facility also follows strict demand. Hawaii day care centers make sure that there is proper disposal of trash and wastes. At the same time, proper hand washing is observed.
Hawaii day care ensures that they comply with license requirements and the proper operations. This will cover staff requirements as well as safety, health and nutrition of the children in the center. Parents who want to enroll their child in a day care center in Hawaii can ensure complete safety of their child.
Types Of Daycare In Hawaii
A. Relative or Friend Care:
This qualifies anyone who is a relative of a friend whom you can trust to take care of the child. They must be able to provide the right child care giving them all that they need. This is a type of child care exempted from a license.
B. Family Child Care Home:
Those who are taking care of several children in his own home is considered a family child care home. They are also required to comply with minimum standards for adult-child ration, health and safety especially if licensed. There is only a maximum of 6 children that can be taken care of in a home at the same time. Limitations for childcare are:
- Maximum of 2 children under 18 months
- Maximum of 4 children more than 18 months
C. Child Care Centers:
This is the primary place where most parents leave their children to receive childcare. Under this category are nurseries, preschool, parent cooperatives, preschool play groups, drop-in child care centers and group child care homes. License centers must meet the minimum standard for staff, health, safety and adult-child ratio.
Provider to Child Ratio:
Age Range Ratios For Center Based Care in Hawaii State
6 weeks to 12 months (1:3) *
12 months to 24 months (1:3) *
18 months to 36 months (1:3) *
2 years (1:8)
3 years (1:12)
4 to 5 years (1:16)
School age (1:20)
Mixed age group follow ratio for age of youngest child
Daycare Facility Licensing Procedure
Application
(a) The licensing department of Hawaii is in charge of giving out applications that must be accomplished.
(b) Information needed to be provided in the application forms are as follows: employment information, criminal history, background and the consent to be checked as required by the law.
(c) There will be checks done by the department on the background, employment history and any records of the applicants and their employees. At the same time, the applicants must also do the checks on their employees.
Inspection And Issuance Of License
(a) All the policies, rules, programs and the child care facilities must be inspected by the department because they are responsible for renewing, revoking or suspending the daycare license. The child care facility must allow visits of the representatives or parents at any time should they feel the need to observe, monitor and inspect the facility. At the same time, the department also ask assistance from government agencies or political subdivisions for assistance.
(b) The applicants must cooperate with the rules of the department and allow the inspection of the facilities, staff and records. If they do not comply with this, it is grounds for suspension or revocation of the license.
(c) With the license granted, all employees must have their fingerprints on record at least 5 days after being employed.
(d) The department must conduct a name check on the employees and the child care center. This is done at least 5 days after the anniversary of the child care center.
(e) In the event that the department finds that an employee has a criminal history or background that becomes a risk to the children, they have the right to request termination.
This must be done in written form with the details of the background and submitted to the childcare facility.
(1) The applicant may not grant termination of the employee. In doing so, they must give notification that they have received the request no more than seven days upon receiving it. This should also be done in writing with the reason on such decision.
(2) The refusal to grant termination of the employee, this is should be grounds for revocation or even suspension of their license.
(f) Rules which are indicated here are based on minimum standard.
(g) The issuance of the license is done with these conditions:
(1) The regular license is issued after the evaluation by the department shows that the applicant adheres to the rules that they have given.
(2) The provisional license is issued when the department sees that the child care facility can immediately comply with some rules. They will be given at least three months to meet the requirements. They must not affect the safety of the children.
(h) The validity of the license will depend on the following:
(1) Regular licenses are valid for 1 year. For those licenses issued after a provisional license, the date that must be followed will be of the provisional license. This 1 year validity depends if the license had been revoked or suspended.
(2) The provisional licenses are issued for three months.
(3) The renewal of the license is still subject the approval of the department.
(i) The license must indicate what the facility’s responsibility is, the address, number of children and the types of children that will be taken care of in the facility.
Denial, Suspension, Revocation Of License, And Hearings
(a) The following conditions for denial, revocation or suspension of the license are as follows:
(1) The department will deny, revoke or suspend both regular and provisional licenses if they are unable to adhere to the rules of the department in relation to respecting child care facilities
(2) If the license is about to be denied, suspended or revoked, the will be given proper notification by mail indicated on the application.
(3) The notice will indicate the reasons for such decision and the actions that must be taken. The applicant can appeal to the director of the department in form of writing. This should be filed at the most 10 working days after the notice has been sent.
(4) The appeal will be reviewed by the director will be given a chance for a hearing. The evidence should be presented before the hearing officer for review. The reviewing office will make the final decision on the status of the license.
(5) If the department does not receive the written appeal, the license will be revoked or suspend as well as application will be stopped after 10 days
(b) The daycare license will be suspended immediately if there are factors which are found that threatens the safety, health and welfare of the children. The department will be responsible for:
(1) Send a written notice which will be delivered to the mailing address indicated on the license or the application
(2) Indicate in the letter the reasons for suspension or revocation of the license. They will be provided with the right to petition to be reconsidered by the department. This must be sent on or before 10 days based on the mailing of the notice.
(3) Order the stop of operations on the day that the notice was received. The child care facility will be given reasonable notice after they have given a written petition. They will also be given a chance for a hearing with regards to the suspension. The hearing officer will decide on the status of the suspension depending on the evidence presented.
(c) During the hearing, the applicant can be represented by the counsel. They have the right to examine, call and cross-examine the witnesses. The evidences may be accepted even if not allowed depending on the rules of evidence. The decision of the hearing office must be made in writing complete with the facts and evidences and the corresponding laws. This will be mailed to the applicants personally or via registered mail to the address of the child care facility found in the license or application.
Administration Requirements
Age Of Children In Care
A day care center is allowed to provide their services and care to children from six weeks old above.
Statement Of Operation Policies
(a) All day care facilities must have a hard copy of the policies for operation policies for the following:
(1) Requirements for admissions and for enrolment
(2) Ages of the children which will be qualified to enter
(3) The maximum number of children to be admitted and is indicated in the permit.
(4) The specific time for days, night and holidays for their operation. Vacations must also be included.
(5) The type of services that they are offering
(6) Who will be in charge in providing snack and meals to the children
(7) The tuition fees and payment option. Also included are the refunds which are allowed
(8) Their liability insurance coverage; For termination of the insurance, parents will be notified within seven days after the termination
(9) Any policies on bringing personal belongings to the child care facility
(10) Any arrangements for transportation including field trips outside the day care. Parents must provide their written agreement on this
(11) Ways to address the needs of the children
(12) Emergency medical care plans or procedures
(13) Admission of children who have medical conditions such as being handicapped or with sickness
(14) Policies on giving medication to children
(15) Policies for providing diapers and other supplies to infants
(16) Procedures for sanitation of the child care facility
(17) Grievance procedures which should be enumerated
(18) Fund raisers which must be ensured that are safe for the children
(19) Policies that are required by the department of licensing
(b) Staff members of the child care facility must familiarize themselves with the policies and procedures of the facility
(c) Written policies must be posted and parents must be able to review them upon enrollment of the child
(d) Any revisions on the policies concerning their operation must be given to parents and notify them at least four weeks before the change
Information On Owner Or Operator
(a) The department must have all information on the facility such as name, address, telephone number
(b) The department must have information on the people handling the child care facility such as name, business address and business telephone number
(c) The department must know of the owners and sponsors of the child care facility
Health Policies And Consultation Provisions
Programs must always have at least one provision for health consultation to strengthen health policies of a child care facility
(1) A childcare facility must have a contact with a physician for private consultation and the agreement must be in writing
(2) A childcare facility must have a contract with any non-profit organization or physician to provide health care to toddlers and infants
(3) A childcare facility must have an existing procedure for health consultation services
(4) A childcare facility must provide programs to toddlers for health care which is able to serve for the number of children
Evidence Of Child’s Health
(a) Parents or guardians must provide the a health record of the child or infant entering the facility. This must include the following information:
(1) Physical clearance within two months from the admission of the child in the facility
(2) Clearance indicating that the child has received an tuberculin test and is free from tuberculosis
(3) Written documents indicating that the immunizations received by the child are current
(4) The conditions of the child which may not allow them to receive immunizations while in the facility
(5) Exemptions provided by the parents and guardians indication any exemptions to the immunization should it be conflict with their religious practices
(b) Medical clearance for children having special needs such as conditions that require altering any child care services regularly done
(c) All records must have all information needed including their birth, status of health, prematurity, medical conditions and progress for health development.
Emergency Care Provisions
(a) Emergency procedures are required for every health care facility. This will include treatment for children who are sick and those who become sick after they arrive
(1) The person in charge of the child care facility must have the information on the nearest clinic or hospital in the area which the parents gave permission to bring the child during emergency situations
(2) The health consultant in the child care facility must have prior arrangements including emergency coverage and permission from parents on the arrangements for this
(b) If health care is given within the facility, they should have written permission from parents allowing such
(c) The child is allowed to be accompanied the an adult in the facility administering emergency care until the parent takes responsibility to look over the child
(d) Children who have become sick in the facility must be given care by the physician until the parents decide to provide alternative care
First Aid
(a) In cases where the child is in care during operation hours, there will be a caregiver in charge of watching over the child. He must be knowledgeable on the illnesses and is certified to give first aid. The certificate must only be three years.
(b) A first aid kit must be present in the facility at all times. Children must provide their first aid kits according to the guidelines by the state department of health.
Admission Of Ill Infants And Toddlers
(a) Toddlers and infants having severe medical conditions may be admitted in the facility if they will be given permission for isolation and enough individuals to provide care to them. This will be considers if the child has temperature above 99 degrees (axillary), 100 degrees (oral), and 101 degrees (rectal) and other symptoms- vomiting, diarrhea, undiagnosed general rash, contagious diseases, severe cough, or difficulty in breathing.
(b) Facilities allowing to children who are ill to be admitted in the facility, medical consultations must always be ready
(c) For cases that medication is provided within the child care facility:
(1) Medications must always be given from the original container with the prescription that includes the name of the child and the date it was prescribed.
(2) Storage of medication must be done:
- In a refrigerator where it is separated from the food that will be served to the other children.
- In a dry, cool and dark place that children will not be able to access
(3) Medication will be returned to the parents when not needed anymore.
(4) Prior to giving any medication, parents will have to give written permission from parents to give these.
(d) Over the counter medication will only be given with instructions from parents, guardians or physician.
(e) Caregivers and parents must always know the policies of the facility addressing concerns to ill children
(f) The facility will consult with their physician for any readmission for children who were absent due to illness.
Admission of Infants and Toddlers with Handicap
(a) Infants and toddlers who are handicaps and are admitted to the facility, they will receive special care from the facility
(b) Admission of the handicap toddler will be done after the consultation from the health care consultants of both the toddler and the facility. There must be written recommendation for the special needs of the child that must be provided by the facility
(c) The staff of the child care facility must undergo any training in relation to the condition of the handicapped child
(d) Any added care required for the toddler, the facility will be responsible to provide these.
Worker Qualifications
Teachers:
Those who are applying for this position must be at least 18 years old and have met the following requirements:
- Earned a degree in early childhood education or child development with 6 months working experience.
- Completed a 2-year college program with certificate in early childhood education with 1 year working experience
- Finished postsecondary credential in a child development associate program
- Obtained Baccalaureate in elementary education with 6 credits for early childhood education training courses and 6 months experience in this field
- Obtained a Baccalaureate in any field with 6 months working experience and 12 credits for early childhood education.
Daily Nutritional Needs
(a) Meals and snacks may be provided by the parents or guardian for them to receive the required nutritional needs of the child
(b) Day care facilities providing meals, they must ensure that they comply with the requirements set by the USDA child Care Food Program that are adapted by Hawaii.
(c) If parents provide the meals and snacks to their children, the facility will ensure that the minimum required amount will be given to the child
(d) Children ages 1 to 3 years old must at least receive a snack with the required amount of calcium or milk.
(e) Parents should provide information on eating habits, preferences and special needs when it comes to food intake,
(f) They shall not be provided with food that they are allergic to or is against any religious beliefs; allergies will be reported on the day of occurrence
(g) Toddlers are encouraged to eat but not required to do so with the following consideration:
(1) Individual serving sizes that will differ for each child
(2) Chewing ability and the adjustment for food texture
(3) Solid food shall be introduced gradually to give time to adjust
(h) Food will not be served if these will be harmful in any way or even be given as punishment
(i) Toddlers will be attended during feeding:
(1) Bootle fed and the caregiver will hold the bottle
(2) Caregivers have fill responsibility of the diet
(j) Nutrition consultants of the facility will be in charge of reviewing the food service of the facility.
Drinking Water Provisions
Water will be served only in sanitized bottles of cups.
Integration of Mental Health Concepts
Mental health of the children will also be developed in the following provisions:
(1) Prior to admission, parents or guardians will be interviewed regarding the behaviour and developments
(2) Annual orientations will be available for staff members to provide information regarding social, intellectual and emotional problems with children
(3) Parents may be given consultation if they request for it regarding mental health of children
Daycare Staff Health Standards
(a) Staff members must be free from any health problems that may affect the toddlers they are caring for.
(1) Provide test results of physical examination required to be taken within the year of employment
(2) Clearance that the staff and volunteers are free from tuberculosis which is tested 6 months before employment.
(3) Staff with health problems detected must be allowed by the physician to take care of the toddlers
(b) Staff members who are severely ill will be substituted until found fit to work again
Personal Health Habits of Daycare Staff
(a) Written policies must be provided given that it is completed with the assistance of the health consultant
(1) Illnesses such as fever, altered mental state and other symptoms of illnesses will not be allowed to work
(2) Skin conditions such as lesions, dermatitis and boils cannot serve food or handle utensils
(3) Staff member must ensure good personal hygiene evident in their appearance
(4) Smoking must not be done in any parts of the facility
(5) Alcoholic drinks and drugs are not allowed in the facility during operating hours
(6) Stress management is required
(b) Training will be given to staff members regarding personal health care and living a healthy lifestyle.
Handling Of Diapers, Training Pants, Linens, And Toys
(a) Handling of diapers, training pants, and linen are as follows:
(1) Diapers must be place in plastic for disposal
(2) For cloth diapers, stool shall be cleaned at the toilet with plastic gloves and placed in a plastic bag to be washed at home.
(3) Diapers and training pants with blood, wastes and fluids will be enclosed in bags to prevent any contamination
(b) Toys must be handled in the following way:
(1) Toy sharing is discouraged between groups specifically between toddlers and infants
(2) Infants will only be provided by washable toys and shall be washed every day.
Proper Hand Washing Procedures
(a) Proper hand washing is a must for staff member and children as follows:
(1) Before eating, drinking, or smoking;
(2) Before handling clean utensils or equipment;
(3) Before handling food;
(4) Before and after assisting or training the child in feeding and in toilet habits;
(5) After going to the bathroom;
(6) After contact with body secretions, i.e., blood, urine, feces, mucus, saliva, or drainage from wounds;
(7) After handling soiled diapers, clothes, equipment, or menstrual pads; and
(8) After removing disposable gloves.
(e) If bar soap is used, it shall be kept on racks that allow for water drainage. If liquid soap is used, the dispenser shall be replaced or cleaned, as necessary.
Contact Information:
Child Care Licensing Agency
Child Care Connection Hawai‘i Unit I
Pohulani Elderly Housing Project
677 Queen Street, Room 400A
Honolulu, HI 96813
Phone: (808) 587-5266
Fax: (808) 586-5229
Child Care Licensing Agency
Central Hilo Unit
Prince Kuhio Plaza
111 East Pu‘ainak o Street, Suite A-101
Hilo, HI 96720
Phone: (808) 959-0669
North Kona 2 Unit
Lanihau Professional Center
75-5591 Palani Road, Room 2004
Kailua-Kona, HI 96740
Child Care Licensing Agency
Child Care Connection Hawai‘i Unit II
Waipahu Civic Center
94-275 Mokuola Street, Room 203
Waipahu, HI 96797
Phone: (808) 675-0470
Child Care Subsidy Agency
Hawaii Department of Human Services
820 Mililani Street, Suite 606, Haseko Center
Honolulu, HI 96813-2936
Phone: (808) 586-7050
Fax: (808) 586-5229
Head Start – State Collaboration Office
Hawaii Department of Human Services
Benefit, Employment, and Support Services Division
820 Mililani Street, Suite 606
Honolulu, HI, 96813-2936
Phone: (808) 586-5232
Fax: (808) 586-5180
Child Care Food Program Agency
Department of Education
650 Iwilei Road, Suite 270
Honolulu, HI 96817
Phone: (808) 587-3600
Fax: (808) 587-3606
State Child Care Resource & Referral Contact
650 Iwilei Road, Suite 205
Honolulu, HI 96817
Phone: (808) 839-1988
Fax: (808) 839-1799
Office of Child Support Enforcement
Child Support Enforcement Agency
Office of Attorney General
601 Kamokila Boulevard, Suite 207
Kapolei, Hawaii 96707
Phone: (808) 692-7000
Fax: (808) 692-7134
Child Abuse Reporting
To report suspected child abuse in Hawaii, call Local (toll): (808) 832-5300.
For national child abuse information, call Childhelp®, 800-4-A-CHILD (800-422-4453), or your local CPS agency.
