HAR §17-1625-17. Personal qualifications required

(a) Applicants, adult household members, and employees shall submit statements signed under penalty of law indicating whether they were ever convicted of a crime, and provide consents to conduct criminal history, child abuse and neglect (CA/N) registry, background, and any other checks as may be required by the department or state or federal laws. Such information and consents shall be given upon forms supplied by the department. (b) The agency receiving the application shall conduct criminal history, child abuse and neglect (CA/N) registry checks, background, and any other checks deemed necessary, such as employment checks, on applicants, employees, and household members. (1) Except for the Federal Bureau of Investigations (FBI) clearances, these checks shall be completed prior to provisional licensure of the child specific resource family home. (2) The fingerprint-based FBI clearances for adult household members shall be completed in accordance with federal and state statutes and departmental procedures prior to full licensure of the home. (3) The check of the state's child abuse and neglect registry for all adult household members, including the registries in states where an adult resided within the preceding five years, shall be completed in accordance with federal and state statutes and departmental procedures prior to full licensure. (4) Information regarding a person's child abuse and neglect (CA/N) registry checks obtained 1625-12 E. 5 from any other state shall only be used for the purpose of conducting background checks for the licensing of family resource homes. Any person who fails to safeguard confidential information or who violates rules governing the confidential nature of department information may be prosecuted for a violation pursuant to chapter 17-1601-13. (c) The resource family and all adult household members shall show evidence of being well-adjusted persons and have sufficient ability, training, and experience in caring for children and demonstrate the willingness and ability to work with the agency and other agencies and organizations. They shall: (1) Be responsible, stable, emotionally mature individuals who exercise sound judgment and who can make appropriate decisions; (2) Know how to promote positive self-esteem in children and how to help children develop healthy personal relationships; (3) Be knowledgeable of and agree to use appropriate, non-physical means of discipline; (4) Have the capacity to respect and accept into their families, persons of different backgrounds and cultures; (5) Accept and support a child's ongoing relationship and family contact with the child's legal custodian, family and relatives; (6) Accept and support the department's mandate to reunify children with their parents or out-of-home placement preference for appropriate relatives. (7) Accept that foster placements are not permanent placements, but rather intended to be temporary until a child can be reunited with their parents or placed with other extended family in a permanent placement. (8) Have an understanding of a child's special needs and the ability to meet them; and (9) Not abuse substances, such as illegal drugs or alcohol. (d) The resource family and all adult household members shall be of reputable and responsible character and shall not have a criminal history record or background which poses a risk to the health, safety, or well-being of children in care. (1) The resource family and adult household members shall not have any of the following: 1625-13 8946 (A) A felony conviction, at any time, for child abuse or neglect, for spousal abuse, for a crime against children (including child pornography), or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or (B) A felony conviction, within the last five years, for physical assault, battery, or a drug-related offense. (2) Convictions of any other crimes, the circumstances of which indicate that the resource family or adult household member poses a risk to the health, safety, or well-being of children, may be grounds for denial, revocation, or non-renewal of a certificate of approval, according to departmental procedures. (3) Except for felony convictions listed in paragraph (1), the type of criminal offense, when it occurred, and evidence of rehabilitation may be considered in determining whether the criminal history poses a risk to the health, safety, or well-being of children. A single item of evidence, however, may not be conclusive evidence of rehabilitation. (4) An employment history indicating violence, alcohol or drug abuse, and any other violation of employer rule or policy, the circumstances of which indicate that the applicant or adult household member may pose a risk to the health, safety, or well-being of children, may be grounds for denial or revocation or non-renewal of a certificate of approval. (5) Background information which shows that the individual has been identified as and confirmed to be the maltreater of child abuse or neglect or whose parental rights were terminated may be a basis for denial, revocation, or non-renewal of a certificate of approval, unless there is a determination by the department that the individual has established clear and convincing evidence of rehabilitation and the individual has demonstrated the ability to provide a safe family home for the child or children, or the individual does not pose a risk to the 1625-14 2946 health, safety, or well-being of a child or children in the home. (e) Information which shows that any member of the household may pose a risk to the health, safety, or well-being of a child, including, but not limited to repeated allegations of child abuse and/or neglect, or arrests for offenses such as driving under the influence, violations of protective orders or any sex crime may be a basis for denial, revocation, or non-renewal of a certificate of approval. Evidence of rehabilitation may be considered in determining whether the child abuse and/or neglect or criminal history poses a risk to the health, safety, or well-being of children. A single item of evidence, however, may not be conclusive evidence of rehabilitation. (f) The resource family shall participate in required trainings provided or approved by the department or agency. [Eff DEC 09 2010] (Auth: HRS §§346-14, 346-17; 45 C.F.R. parts 1355, 1356) (Imp: HRS §§346-17; 45 C.F.R. parts 1355, 1356)