THE SENATE

S.B. NO.

748

TWENTY-NINTH LEGISLATURE, 2017

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CHILD CARE FACILITIES.

 

 

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

 


     SECTION 1.  Section 346-153, Hawaii Revised Statutes, is amended to read as follows:

     "§346-153  Records of deficiencies and complaints; release to public[.]; report to legislature.  (a)  For every child care facility, the department shall maintain records for the current and previous two years of:  results of its inspections; notifications to providers of deficiencies; corrective action taken; complaints of violations of rules adopted under this part; results of its investigations; resolution of complaints; and suspensions, revocations, reinstatements, restorations, and reissuances of licenses, temporary permits, and registrations issued under this part.  Notwithstanding any other law to the contrary, the records described in this section shall be available for inspection in the manner set forth in chapter 92F, and [may] substantiated complaints shall be posted by the department on a public website; provided that with respect to records of family child care homes and group child care homes, sensitive personal information, including home addresses, or information provided to the department with the understanding that it would not be publicly divulged shall be deleted or obliterated prior to making the records available to the public.  Nothing in this section shall authorize the department to release the names of or any other identifying information on complainants.  The department may withhold information on a complaint for which an investigation is being conducted for not more than ten working days following the date of filing of the complaint; provided that if an investigation relates to an alleged criminal offense, no information shall be released until the investigation has been completed and the director has determined that no legal proceeding will be jeopardized by its release.

     (b)  The department shall submit a report to the legislature no later than twenty days prior to the convening of each regular session that includes the following information from the records maintained pursuant to subsection (a):

     (1)  Complaints of violations of rules adopted pursuant to this part and actions the department took to address the complaints;

     (2)  Results of investigations; and

     (3)  License revocations."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for the department of human services to post its inspection records of child care facilities on a public website and submit an annual report to the legislature of certain information from inspection records related to child care facilities.

     The sums appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2017.

 


 


 

Report Title:

Child Care Facilities; Records; Substantiated Complaints; Public Posting; Report; Appropriation

 

Description:

Requires the department of human services to post its inspection records of child care facilities that involve substantiated complaints on a public website and submit an annual report to the legislature of certain information from inspection records related to child care facilities.  Appropriates funds to the department of human services for the posting of child care facility inspection records and an annual report to the legislature.  (SD1)

 

 

 

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