Hawaii Administrative Code

The provisions for ensuring the confidentiality of educational records and matters relating to the provision of a free appropriate public education for exceptional children who are handicapped which are contained in the rules of the department of education shall apply to any acti…

The department shall be required to provide the related services of occupational and physical therapy services, school health services, non-psychiatric medical services, clinical evaluation of mental health status, mental health treatment services, audiological services, and pare…

As used in this chapter: "Audiological services for diagnostic or evaluation purposes" means services provided by a licensed audiologist to test and measure a child's ability to hear, assess the type, severity and site of any hearing impairment, and identify any communication dis…

(a) An occupational therapist or physical therapist shall respond to a request for evaluation from a district by: (1) Determining whether the child requires occupational or physical therapy to benefit from special education, and identifying those needs; (2) Submitting a written r…

(a) School health services which are available to regular education students should be available to handicapped students, provided that the limitations as to the amount of time spent by the school nurse and the number of school visits made daily by the school nurse specified in s…

(a) Medical services for diagnostic or evaluation purposes other than for psychiatric evaluations shall be provided by the department: (1) When the department of education has not been able to obtain a written report of a current medical examination for a handicapped child or a c…

(a) A student referred by the district for clinical evaluation of mental health status shall be evaluated by the mental health division children's staff. A written report documenting the evaluation shall be prepared and submitted to the district. It shall include diagnostic and p…

(a) Mental health treatment services include teacher oriented consultation (TOC), student oriented consultation (SOC), and direct treatment services (DTS). The mental health division children's staff shall provide any or all of the types of mental health treatment services descri…

(a) The department shall provide audiological services for diagnostic or evaluation purposes in order to determine whether a child is handicapped and therefore eligible to receive special education and related services pursuant to P.L. 94 -142, or to contribute to the formulation…

Counseling or training shall be provided to parents or persons with whom a handicapped child lives, whenever the child requires physical therapy, occupational therapy, or mental health treatment services, and it appears that counseling or training would assist the parents or pers…

The purpose of this chapter is to establish rules governing adult foster homes. Notes Haw. Code R. § 11-148.1-1 [Eff 8/2/2021] (Auth: HRS §§ 321-9, 321-11.2) (Imp: HRS § 321-11.2; 42 C.F.R. § 441.301)

(a) The certifying agency may issue a certificate of approval after determining that the applicant and the home have met the requirements of this chapter. (b) The certificate of approval shall specify: (1) The name and address of the certified caregiver to whom the certificate of…

(a) A certificate of approval may be renewed if the certified caregiver: (1) Submits to the certifying agency a renewal application on a form and in a manner prescribed by the certifying agency ninety days prior to the expiration of the certificate of approval; (2) Submits a sign…

(a) The certifying agency may issue a provisional certificate to a certified caregiver if the certified caregiver is unable to correct deficiencies in the foster home according to an accepted plan of correction, and additional time is needed to complete the corrections. (b) An in…

(a) The certifying agency may deny an application for or renewal of a certificate of approval for any of the following reasons:(1) Failure to meet any provision of this chapter; (2) Submission of misleading, incorrect, false or fraudulent information; (3) An applicant, certified …

(a) The certifying agency may deny an application to be a substitute caregiver for any of the reasons listed in section 11-148.1-14. (b) If the certifying agency denies a substitute caregiver application, the certifying agency shall send written notification by certified mail to …

(a) If the certifying agency determines that any person is violating any provision of this chapter, section 321-11.2, HRS, or the person's certificate of approval, the certifying agency shall send written notification of violation and order by certified mail to the person. The no…

(a) The certifying agency may revoke a certificate of approval for any of the following reasons: (1) Violation of any provision of this chapter; (2) Submission of misleading, incorrect, false, or fraudulent information; (3) Where immediate action is required to comply with the la…

Any hearing conducted under this section shall be conducted as a contested case hearing in accordance with chapter 91, HRS, and chapter 11-1. The director or a delegated representative shall preside over the hearing and issue a written decision to the aggrieved person and the dep…

Notes Haw. Code R. §§ 11-148.1-18 to 11-148.1-20

As used in this chapter: "Adult foster home" shall have the same meaning as defined in section 321-11.2, Hawaii Revised Statutes (HRS). "Adult with intellectual or developmental disabilities" or "adult with I/DD" means any adult with intellectual or developmental disabilities, ag…

(a) Individuals admitted into the adult foster home shall be deemed eligible by the department to receive division or Medicaid waiver services, as outlined in chapter 11-88.1, HAR. (b) Individuals with intellectual or developmental disabilities residing in the adult foster home s…

(a) The certified caregiver shall verbally notify the certifying agency within twenty-four hours of any admission and provide the certifying agency with a copy of a signed residency agreement within seventy-two hours of admission. (b) The case management branch shall ensure that …

(a) Except as provided in subsection (b), an adult foster home shall care for no more than two adults with I/DD. (b) To accommodate residents of a foster boarding home for children with intellectual or developmental disabilities who reach the age of eighteen years, where the home…

(a) The record of the adult with I/DD shall be kept by the adult foster home and shall include the following information:(1) The name and birth date of the adult with I/DD; (2) The adult foster home admission and discharge dates, if applicable, for the adult with I/DD; (3) The na…

(a) The certified caregiver shall maintain an adult foster home record and shall make the record available to the certifying agency upon request. (b) The adult foster home record shall include: (1) Monthly fire drill reports; (2) Adult foster home inspection reports; (3) Adult fo…

(a) The foster home shall be visited by staff authorized by the department as frequently as needed to ensure:(1) The health, safety, and welfare of the adult with I/DD; and (2) That the adult foster home continues to meet the requirements for certification. (b) The certifying age…

(a) A certified caregiver may voluntarily surrender a certificate of approval to the certifying agency at any time. (b) If a certified caregiver voluntarily surrenders a certificate of approval, the certified caregiver shall:(1) Follow the discharge of adult with I/DD procedures …

(a) The certified caregiver shall notify the certifying agency of any changes in contact information. (b) The certified caregiver shall notify the certifying agency in writing no less than fourteen days in advance of any change that may affect the caregiver's qualifications for c…

Notes Haw. Code R. §§ 11-148.1-29 to 11-148.1-31

An adult foster home shall have a valid certificate of approval or provisional certificate in order to care for adults with I/DD. No person may operate an adult foster home unless certified by the department. Notes Haw. Code R. § 11-148.1-3 [Eff 8/2/2021] (Auth: HRS §§ 321-9, 321…

(a) An adult with I/DD shall be cared for as a family member and shall share in the foster family's activities and responsibilities. (b) The certified caregiver shall be responsible for providing transportation for the adult with I/DD to attend social, recreational, and medical r…

(a) The certified caregiver shall be responsible for ensuring that the adult with I/DD has a complete physical examination by a licensed physician annually and receives follow-up care by other medical or health professionals as needed. (b) The certified caregiver shall be respons…

(a) The certified caregiver shall obtain instructions from the case management branch and family or legal guardian regarding procedures to follow in case of sudden illness or accidents involving the adult with I/DD. (b) If the adult with I/DD has an accident, serious injury, seve…

(a) The certified caregiver shall provide the adult with I/DD with a well-balanced, nutritious diet that is consistent with their physician's order(s). (b) The adult with I/DD shall have access to food at any time. Any modification to this provision must be supported by a specifi…

The certified caregiver shall: (1) Ensure that the adult with I/DD's clothing is clean, in good condition, and of appropriate size; and (2) Provide each adult with I/DD with a comb, toothbrush, and other necessary toiletries. Notes Haw. Code R. § 11-148.1-36 [Eff 8/2/2021] (Auth:…

(a) The certified caregiver shall:(1) Provide a well-balanced daily program for the adult with I/DD, including appropriate time for rest, regular meal hours, and recreation; (2) Allow and provide access for the adult with I/DD to participate in appropriate and integrated social a…

(a) Training and behavior supports shall be carried out with kindness, understanding, and in accordance with the individualized service plan, behavior support plan, of the adult with I/DD, and the division's policy on positive behavior supports. (b) No adult with I/DD shall be su…

The religious faith of each adult with I/DD shall be respected and the adult with I/DD shall be afforded the opportunity to attend religious service of their choice. Notes Haw. Code R. § 11-148.1-39 [Eff 8/2/2021] (Auth: HRS §§ 321-9, 321-11.2) (Imp: HRS § 321-11.2)

(a) A certified caregiver applicant shall submit a written application on forms prescribed by the certifying agency. (b) An application is not complete until the certifying agency receives a written application which contains all information and supporting documentation required …

(a) The certified caregiver shall keep an accurate accounting record of the adult with I/DD's money and any disbursements on an ongoing basis, including receipts for expenditures, and a current inventory of their possessions. (b) The certified caregiver shall obtain guidance from…

The certified caregiver shall ensure that each adult with I/DD: (1) Has the right to privacy, dignity, and respect, and freedom from coercion and restraint; (2) Is treated with understanding, respect, dignity and individuality, including privacy in treatment and in caring for the…

(a) An adult with I/DD may be discharged from an adult foster home when: (1) The adult with I/DD undergoes physical, behavioral, or mental changes that require services that the adult foster home cannot provide; (2) The certified caregiver undergoes physical, behavioral, or menta…

Notes Haw. Code R. §§ 11-148.1-43 to 11-148.1-45

(a) Applicants, certified caregivers, and substitute caregivers shall show evidence of being well-adjusted persons, capable of accepting, understanding, and caring for adults with I/DD and working with the certifying agency. (b) All adult household members shall be of reputable c…

(a) Applicants, certified caregivers and substitute caregivers shall have current certification in first aid and cardiopulmonary resuscitation. (b) In accordance with departmental policy, certified caregivers and substitute caregivers must successfully complete a department-appro…

(a) Applicants shall provide three personal references from individuals who:(1) Have adequate knowledge of the applicant and the applicant's family background in terms of character and ability to care for adults with I/DD; (2) Are unrelated to the applicant; (3) Are not the emplo…