Report Title:

Child Care; Misrepresentation by Providers

 

Description:

Creates penalties for child care facility providers who misrepresent material information about their child care center operations to the guardians or parents of a prospective or active child at the center, an employee of the department of human services, or any law enforcement officer.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

441

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to child care.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that because of the State's high cost of living, there are many households where both parents are working to make ends meet.  This economic reality for most families means that children, some as young as three months old, are placed with child care providers.  Parents rely upon these child care providers to provide quality care with the attention that their child needs on a daily basis.

     The legislature further finds that misrepresentations made to parents by child care providers could lead to disaster.  In Albany, New York, a couple left their three-month old daughter in the care of a licensed in-home day care provider.  The provider lied about the number of children for whom she cared on a daily basis.  She told the child's parents that she was caring for four children when an investigation later showed she was actually caring for eight children.  The provider placed the infant in a swing and left her unattended for twenty minutes.  During that time, the infant threw up her food and choked on her own vomit.  She was rushed to a local hospital, placed on life support, and was tragically diagnosed as brain dead.

     In a similar Florida case, the parents of a three month old boy left him with a child care professional for two hours.  It was a trial run; they were deciding if this day care professional was one they could trust.  When the parents returned, they found their son face down in a crib, in a pool of his own vomit, dead.  The state of Florida had licensed this facility to care for six children, but the provider had taken in thirteen children that day.  On the day that the infant died, all thirteen children were left at the mercy of a poorly trained staff person who was not CPR certified, while the owner ran errands.

     These two cases are reflective of the nightmares that parents go through--losing a child from a preventable disaster.  While the department of human services has authority to investigate and penalize providers for misrepresentations of the number of children cared for, the legislature finds that additional deterrence is needed.

     The purpose of this Act is to criminalize false representations made by child care providers.

     SECTION 2.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:

     "§346-     Misrepresentation by a provider of a child care facility.  (1)  A person commits the offense of misrepresentation by a provider of a child care facility if, being a provider of a child care facility, the person makes any wilful and intentional misrepresentation, by act or omission, to a parent or guardian of a child either placed in the care of the facility or being considered for such placement, any employee of the department of human services, or any law enforcement officer including, but not limited to:

    (a)   The number of children in the child care facility in violation of a license or registration required under chapter 346;

    (b)   The area of the home or facility used to provide child care; or

    (c)   The credentials and qualifications of any child care provider, assistant, employee, or volunteer of the child care facility.

For purposes of this section, a "provider" means an individual, organization, or agency that maintains or operates a child care facility.

     (2)  Misrepresentation by a child care provider is a misdemeanor."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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