STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
BENEFIT, EMPLOYMENT AND SUPPORT SERVICES DIVISION
NOTICE OF PUBLIC HEARING
Pursuant to sections 91-3 and 92-41, Hawaii Revised Statutes, notice is hereby given that the Department of Human Services will hold a public hearing to consider the proposed amendments to existing rules of the Benefit, Employment and Support Services Division for the purpose of conforming to federal and state statutes. A brief description of the proposed changes is listed below:
CHAPTER 17-798.1 CHILD CARE SERVICES This chapter is being repealed and replaced with a new chapter 17-798.2.
CHAPTER 17-798.2 CHILD CARE SERVICES
Subchapter 1 General Provisions
§17-798.2-2, Definitions. This section provides terminology used in this chapter and adds definitions or deletes extraneous definitions used in §17-798.1 to synchronize with rule changes and expand understanding of the rules.
§17-798.2-3, Confidentiality. This section references requirements for confidentiality.
§17-798.2-4, Geographical location. This section provides for the availability of these services on a Statewide basis.
§17-798.2-5, Scope. This section is revised to describe child care services as those provided by an eligible child care provider, to eliminate reference to educational activities.
§17-798.2-6, Application process. This section addresses refinements to the application and eligibility dates based on processes to be followed to correlate with changes made in other sections.
§17-798.2-7, Priority applications. This section re-establishes the sequence of the priority groups and updates references to the rules.
§17-798.2-8, Notice of application disposition. This section discusses notification that the department must provide to child care applicants.
§17-798.2-9, Eligibility requirements. This section consolidates who is eligible, defined by target groups of children, caretakers and providers and caregivers.
§17-798.2-10, Income considered in eligibility determination. This section now excludes counting basic housing allowance from armed forces pay. It adds adoption assistance payments. It allows consideration of irregular gross income of eligible families generated from approved activities to be averaged over the simplified report period to determine the budget month amount.
§17-798.2-11, Excluded monthly income. This section adds foster board payments.
§17-798.2-12, Child Care rates. This section provides various increased rates for different child care types and is re-arranged from previous chapter §17-798.1 for better sequencing of steps in the child care payment process.
§17-798.2-13, Child care payments. This section re-arranges previous section §17-798.1-15. It discusses types of child care payments, the requirement to support the cost of the selected child care and provider eligibility, and methods to provide the payments.
§17-798.2-14, Method of computing child care payment. This section (previously §17-798.1-13) is updated to address the relationship between the monthly family income and the hours of activity to establish need for child care, the caretakers relationship to and the age of the children needing care, the type, rate and cost of care, and the provider information.
§17-798.2-15, Mandatory reporting. This section (previously §17-798.1-16) emphasizes the need to report the itemized mandatory changes within 10 calendar days of occurrence, and the actions taken by the department as a result of the caretakers reporting changes within or out of this timeframe. This eliminates the need for monthly verification of income eligibility, hours and type of activity, child care cost and need.
§17-798.2-16, Re-determination of eligibility and payment amount. This section (previously §17-798-17) addresses the situation where a familys initial eligibility may be established for subsequent six-month periods.
§17-798.2-17, Denial, reduction, suspension or termination of child care. This section (previously §17-798.1-18) discusses conditions to deny, reduce, suspend, or terminate child care payments, and includes references to the application and simplified report forms.
§17-798.2-18, Notice of adverse action. This section (previously §17-798.1-19) additionally provides an opportunity for the caretakers to submit verifying documentation to the department to reverse the departments proposed action prior to the effective date of the action.
§17-798.2-19, Administrative appeal requests. This section (previously §17-798.1-20) is shortened by referencing chapter 17-602.1, Administrative Hearings.
§17-798.2-20, Underpayments and overpayments. This section (previously §17-798.1-21) discusses action taken when either of these error situations occur.
§17-798.2-21, Termination for insufficient funds. This section was previously §17-798.1-22.
§§17-798.1-22 to 17-798.2-27 (reserved).
Subchapter 2 Preschool Open Doors Program. This subchapter heading is changed to reflect operations.
§17-798.2-28, Purpose. This section is changed from the previous §17-798.1-28 to provide up to a year of experience in a preschool program prior to entering kindergarten.
§17-798.2-29, General eligibility requirements. This section defines eligible children by program criteria of child\u2019s age and special need, references a special populations referral, reiterates the familys income eligibility criteria, references child care rates in section §17-798.2-12, and edits language for clarity.
§§17-798.2-30 to 17-798.2-33 (reserved)
Subchapter 3 Transitional Child Care Program
§17-798.2-34, Purpose. This section discusses the purpose of the subchapter.
§17-798.2-35, Eligibility requirements. This section provides conditions to transfer to this child care program if the family wishes child care to continue without need to formally apply for continuing child care, since documentation of a continuing child care need is maintained in the case record. The section also includes a twelve month window for families electing not to continue to receive child care payments to formally apply for child care after ceasing to be eligible for the departments AFDC or non-assistance financial programs for identified reasons. Transitional child care payments category shall not exceed twelve months as long as the family remains eligible for payments.
§§17-798.2-36 to 17-798.2-42 (reserved)
Subchapter 4 Quality Incentive Payments This subchapter was added as an amendment to §17-798.1.
§17-798.2-43, Purpose. This section creates a quality incentive payment program for child care providers who receive child care subsidies through the department.
§17-798.2-44, Quality incentive payments for preschools. No changes were made.
§17-798.2-45, Quality incentive payments for home-based child care providers. A change was made to refer to standards of quality as provided in the Developmental Guidelines for Infants and Toddlers and Young Preschoolers developed by the University of Hawaii Center on the Family, 2006.
§17-798.2-46, Time-limited incentives for child care providers. This allows payments for increasing enrollment of children at a current site, or opening a new site.
§17-798.2-47, Termination of incentive payments for insufficient funds. This allows the department to limit expenditures by refusing new applications, or reducing or terminating incentives in a state fiscal year.
A public hearing will be held at the following date, time and place:
Thursday, September 13, 2007, at 1:30 p.m.; Haseko Center, 820 Mililani Street #606, Honolulu, Hawaii.
All interested persons are invited to attend the hearing and to state their views relative to the proposed rules either orally or in writing. Should written testimony be presented, five copies shall be made available to the presiding officer at the public hearing or within seven days before the hearing to:
Department of Human Services
Benefit, Employment & Support Services Division
820 Mililani Street, Suite 606
Honolulu, Hawaii 96813
Residents of Hawaii, Kauai, Maui, and Molokai wishing to present oral testimonies may also contact the Benefit, Employment and Support Services Section Administration office on the respective islands within seven (7) days before the Honolulu hearing date to have their testimony recorded:
East Hawaii Section Administrator
1990 Kinoole Street, Suite 111
Hilo, HI (981-7288);
West Hawaii Section Administrator
75-5722 Hanama Place Rm 1105
Kailua-Kona, HI (327-4765);
Kauai Section Administrator
4473 Pahee Street, Suite G
Lihue, HI (241-3663);
Maui Section Administrator
1955 Main Street, Suite #325
Wailuku, HI (243-5875);
Molokai Income Maintenance Unit
Kaunakakai Civic Center, Phase 2
55 Makaena Place, Room 1
Kaunakakai, HI (553-1715)
A copy of the proposed rules will be mailed at NO COST to any interested person requesting a copy by writing to the Benefit, Employment & Support Services Division office or by calling 586-0975 during regular business days and hours.
Proposed rules are available on the internet at
Special accommodations (i.e., Sign language interpreter, large print, taped materials, or accessible parking) can be made, if requested at least five (5) working days before the scheduled public hearing on Oahu by calling 586-5230. Neighbor island residents needing special accommodations should contact the Benefit, Employment and Support Services Section Administration office on the respective islands with their requests.
DEPARTMENT OF HUMAN SERVICES
(SB03511887 8/13/07) LILLIAN B. KOLLER, DIRECTOR
Notice #: 03511887