Hawaii-2018-SB511-Amended

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

"§346- Child care facility inspection information oversight committee. (a) There is created within the department's benefit, employment and support services division the child care facility inspection information oversight committee. The purpose of the oversight committee shall be to oversee implementation and compliance with the requirements of section 346-153(c).

The oversight committee shall be composed of:

(1) The director or director's designee, who shall serve as chair of the committee;

(2) The coordinator of the state advisory council on early childhood education and care, or the coordinator's designee;

(3) One representative from each of the department's statewide child care licensing units;

(4) The quality rating and improvement system administrator of the University of Hawaii's center on the family;

(5) A member of the senate appointed by the president of the senate;

(6) A member of the house of representatives appointed by the speaker of the house of representatives;

(7) A registered family child care home provider, to be appointed by the director;

(8) A licensed group child care center provider, to be appointed by the director;

(9) A licensed group child care home provider, to be appointed by the director; and

(10) One parent representative of child care consumers from each of the geographic areas served by the statewide child care licensing units, to be appointed by the respective supervisors of each unit.

(b) Members of the oversight committee shall be appointed without regard to section 26-34. Each appointed member shall serve no more than two consecutive four-year terms, not to exceed eight consecutive years; provided that ex officio members shall serve for the length of their respective terms of office. Any appointed member of the oversight committee whose term is expired and is not disqualified from membership pursuant to this subsection may continue in office as a holdover member until a successor member is appointed. Any vacancy shall be filled for the unexpired term pursuant to this section. The director may suspend or remove for cause any member of the oversight committee after due notice and public hearing. The members of the oversight committee shall serve without compensation but may be reimbursed for expenses, including travel expenses, incurred in the course of performance of official duties. Members of the oversight committee shall be subject to chapter 84."

SECTION 2. Section 346-153, Hawaii Revised Statutes, is amended to read as follows:

"§346-153 Records of [~~deficiencies and complaints;~~] inspections; release to public. (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.

(b) Notwithstanding any other law to the contrary, the records described in [~~this section~~] subsection (a) shall be available for inspection in the manner set forth in chapter 92F and may be posted by the department on a public website[;] in accordance with this section; 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.

(c) Beginning with inspections occurring on January 1, 2018, the department shall post on its website electronic copies of reports for all inspections it performs of child care facilities subject to this part. Except as provided in subsection (b), each report shall be posted on the department's website within thirty working days of the conclusion of each inspection and shall include:

(1) The date of the inspection;

(2) A description of violations of relevant state laws or rules, if applicable;

(3) Plans of correction and the status of corrective actions in response to any violations, if applicable;

(4) A list and description of all corrective actions taken by the child care facility, if applicable, to be submitted by the facility and added to the report at a later time, as determined by the department; and

(5) Other information regarding the quality and condition of the child care facility as the department deems appropriate.

(d) The department shall submit an annual report to the legislature on all records and actions subject to this section. For all actions that involve a complaint of a suspected violation or an actual violation discovered by the department, the report shall include the department's findings regarding the suspected or actual violation and any corrective action ordered by the department, including the suspension or revocation of any license, permit, or registration."

SECTION 3. 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 to implement and comply with the reporting requirements for child care facilities as required by this Act.

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

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

SECTION 5. This Act shall take effect on July 1, 2017.

THE SENATE	S.B. NO.	511
TWENTY-NINTH LEGISLATURE, 2017		S.D. 1
STATE OF HAWAII