Hawaii child care, camp and ratio rules

Child care licensing

DHS licenses group child care centers (age 2 and up) and group child care homes (7-12 children), infant and toddler centers (6 weeks to 36 months), and before- and after-school child care facilities (children 4 years 8 months and older enrolled in elementary school). Family child care homes caring for 3-6 unrelated children must register. Under the rules, a 'child care center' includes holiday and summer care for elementary school-age children (HAR §17-892.2-1, §17-896.1-1).

After-school and recreation programs: HRS §346-152 exempts, among others: care for less than 6 hours a week; programs licensed or certified by the Department of Education; DOE after-school, weekend and summer recess programs and county programs under HRS §302A-408; programs offering only specialized training or skill development to K-12 students (such as sports, dance, music, language or martial arts); incorporated multiservice organizations or community associations running recreation programs for students through age 17; programs for children 4 and older that run no more than two consecutive weeks in a three-month period; and programs licensed by the Hawaii Council of Private Schools (on application to DHS).

Licensing agency: Hawaii Department of Human Services (DHS), Benefit, Employment and Support Services Division, Child Care Licensing

Sources: DHS Child Care Regulations (links to HAR ch. 17-891.2, 17-892.2, 17-895.1, 17-896.1); HAR ch. 17-892.2, Group Child Care Centers and Group Child Care Homes (eff. June 2024); HAR ch. 17-896.1, Before and After School Child Care Facilities (eff. April 19, 2024); DHS: Exemptions from Child Care Regulation; HRS §346-152, Exclusions; exemptions

Staff-to-child ratios in licensed centers

Rule: HAR §17-892.2-36 (group child care centers); HAR §17-896.1-36 (before and after school child care facilities). Group child care centers use '5 years and older' at 1:20 (group of 40), and 2-year-olds are 1:8 (group of 16). In mixed-age groups the youngest child's ratio applies, except during nap time or where the curriculum requires mixed ages. Children 2 years 8 months or older who enroll between September 1 and December 31 and have birthdays in that period may be counted in the next older age group (§17-892.2-36). In before- and after-school facilities, ratios may not exceed 20 children per staff member, and aides may make up no more than one-third of the required staff (§17-896.1-36). Group size may be exceeded for assemblies, meals and outdoor play if ratios are kept.

Work out your staffing with the ratio calculator

Summer camps

We found no separate Hawaii youth camp license. DHS rules count summer care for elementary school-age children as child care, so a summer day program may need a DHS child care license unless it fits an HRS §346-152 exemption. Exemptions include DOE and county summer programs, programs run by incorporated multiservice or community organizations, sports or skill-only programs, and programs of no more than two consecutive weeks in a three-month period.

Sources: DHS: Exemptions from Child Care Regulation; HAR ch. 17-892.2 (definition of child care center includes summer care)

Background checks

Everyone in a licensed or registered child care facility must consent to DHS background checks before working on site, and again every year by the anniversary of their last consent. The checks are an FBI fingerprint check, a fingerprint-based state criminal check, state and national sex offender registries, the child abuse and neglect registry, the adult abuse perpetrator registry, and employment history (HAR §17-801-4; §17-892.2-3(d)). The rules also apply to 'exempt child care facilities', but how that reaches license-exempt camps is not confirmed. We found no separate camp background check law.

Sources: HAR §17-801-4, Background checks; HAR §17-801-2, Definitions (exempt child care facility); HAR ch. 17-892.2 (annual background checks)

Giving medication

Prescription medicine must be in its original container with the pharmacy label showing date filled, directions and the child's name, kept out of children's reach, and returned to parents when no longer used. A parent must sign an authorization. Over-the-counter medicine needs written permission and instructions from the parent or physician (HAR §17-892.2-45; §17-896.1-45).

Free medication administration log

Sources: HAR §17-892.2-45, Administration of medication; HAR §17-896.1-45, Administration of medication

Reporting child abuse

Mandated reporters are listed professions, including child care providers and employees of licensed or registered child care facilities, school employees, and employees of public or private agencies providing recreational or sports activities (HRS §350-1.1(a)). Report immediately by phone to DHS or the police, then follow up in writing to DHS as soon as possible.

Hawaii child abuse hotline: 808-832-5300 (Oahu, 24/7); 1-888-380-3088 (toll-free from neighbor islands) (how to report). In an emergency, call 911.

Sources: HRS §350-1.1, Reports; DHS Child Welfare Services (reporting numbers)