1    General Provisions

        §1-1    Objectives
        §1-2     Definitions
        §1-3     Applicability and scope

    2     Administration Requirements

        §2-1    Ages of children in care
        §2-2     Records on each child
        §2-3     Disclosure of information on the child

    3    Program Requirements

        §3-1     Program goals
        §3-2     Reasonable modifications
        §3-3     Programs conducted on behalf of the department
        §3-4     Program notices
        §3-5     Program registration form
        §3-6     Registration priority
        §3-7     Registration wait lists
        §3-8     Field trips

    4     Attendance, Withdrawal and Dismissal

        §4-1     Program attendance
        §4-2     General release
        §4-3     Restricted pick-up
        §4-4     Late pick-up
        §4-5     Child pick-up and sign-out authorization and procedure
        §4-6     Withdrawal from program
        §4-7     Dismissal from program
        §4-8     Suspension from program

    5     Staffing Requirements

        §5-1    Staff to children ratio
        §5-2    Staff training, experience, and personal qualifications

    6     Fees, Waivers, Refunds

        §6-1    Fees
        §6-2    Waivers
        §6-3    Refunds
        §6-4    Transfer of Summer Fun registration fee
        §6-5    Payment

    7     Safety, Health

        §7-1    Sick or ill children
        §7-2    Medication requests
        §7-3    Allergies
        §7-4    Accident and medical emergency procedures
        §7-5    Emergency closing
        §7-6    Unregistered or uninvited individuals

    8     Insurance

         §8-1    No medical insurance provided

    9     Public Information
    
        §9-1    Public information

    10     Rulemaking

        §10-1    Initiation of rulemaking procedures
        §10-2    Content of petition
        §10-3    Disposition of petition
        §10-4    Notice of public hearing

    11     Declaratory Ruling

        §11-1    Who may petition
        §11-2     Contents of petition
        §11-3     Referral to other agencies
        §11-4     Director's action on petition
        §11-5     Refusal to issue declaratory ruling
        §11-6     Applicability of declaratory ruling

    12    Miscellaneous Provisions

        §12-1    Severability

    §1-2    Definitions.For the purpose of these rules and regulations:
        "Child" or "Children" means any person(s) between the ages of five and thirteen years old registered in a recreation child care program.
        "Department" means the department of parks and recreation, City and County of Honolulu.
        "Director" means the director of the department of parks and recreation, City and County of Honolulu.
        "Intersession program" means a recreation child care program held during the school year when school is not in session.
        "Program director" means the program site director in charge of the recreation child care program.
        "Program site" means the location at which the recreation child care program is conducted.
        "Recreation child care program" means programs such as the Summer Fun program, Summer Plus program, intersession programs, and after school programs which involve multi-activity content for more than six hours per week, offered by or on behalf of the department.
        "Summer Fun" means a recreation child care program held during the summer months of June, July, and August when school is not in session.
        "Summer Plus" means a recreation child care program held as a supplement to Summer Fun to provide additional hours of child care after the Summer Fun program day. [Eff: JUL 12, 1998] (Auth: RCH §4-105; ROH §1-9.1)(Imp: HRS §346- 152)

    §1-3 Applicability and scope. These rules and regulations shall apply to recreation child care programs conducted by, or on behalf of, the department for children ages five years, to and including, thirteen years old. [Eff: Jul 12, 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §2-2 Records on each child. Program registration forms for each child shall be kept on file at each program site where the child is registered. In the event a child registers for recreation child care programs at more than one program site, each program site shall maintain a separate file on the child. [Eff: JUL 12 1998] (Auth: ROH §1-9.1, HRS &346-152) (Imp: HRS §346-152)

    §2-3 Disclosure of information on the child. Information pertaining to an individual child or parents or guardians of the child is confidential and shall not be disclosed to persons other than to other agencies pursuant to HRS Section 92F-19 unless the parents or guardians of the child grant written permission for the disclosure or an emergency arises. Individuals or organizations requesting information about the child or parents or guardians of the child shall provide written approval to release such information signed by parents or guardians of the child before release of any of the records. [Eff: JUL 12 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §3-2 Reasonable modifications. The department shall make reasonable program modifications for the inclusion of any child with disabilities in recreation activities and programs. The parents or guardians of the child and the program director will discuss the child's individual needs and what, if any, modifications are needed and can be reasonably met. The department shall not be responsible for providing personal care or personal care attendants for any child. Parents or guardians shall provide the department with five working days advance notice when requesting modification assistance, including but not limited to, the provision of sign language interpreters, equipment, or transfers or lifting to provide access. [Eff: JUL 12 1998] (Auth: ROH §19.1, HRS §346-152) (Imp: HRS §346-152)

    §3-3 Programs conducted on behalf of the department. Recreation child care programs conducted on behalf of the department shall be required to follow the department's administrative rules and program policies and guidelines for recreation child care programs. [Eff: JUL 12 1998] (Auth: ROH 51-9.1, HRS §346-152) (Imp: HRS §346-152)

    §3-4 Program notices. (a) Parents or guardians will be notified in writing, by telephone, or in person of changes in original recreation child care program dates, times or program sites. Parents or guardians shall be responsible for making appropriate care arrangements for drop-off and pick-up of their child.
    (b) Notices regarding discipline and health shall be prepared by department staff and delivered in a timely manner. The program director shall be available to answer questions or to meet with parents or guardians if requested. [Eff: Jul 12, 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346- 152)

    §3-5 Program registration form. Prior to admission of a child to a recreation child care program, parents or guardians of the child shall be required to provide the following information at registration:
    (1)    Participant information
        (a)    The child's name, address, telephone number, sex, age and birth date;
        (b)    The names, address, and telephone numbers of the parents or guardians who are legally responsible for the child;
    (2)    Health and emergency information
        (a)    The child's allergies, special conditions or needs which may impact upon the child's over-all behavior;
        (b)    The name and telephone number of the child's family physician;
        (c)    The name and telephone number, including business telephone number, of the person who shall be responsible for the child if for some reason the parents or guardians cannot be reached immediately in an emergency;.
        (d)    The name and telephone number of persons authorized to take the child from the program site during program hours.
    (3)    Authorization and consent for emergency and medical treatment;
    (4)    Release of all claims and indemnification
        (a)    Parents or guardians are required to sign the release of all claims and indemnification form which gives permission for their child to participate in recreation child care program activities and releases the City from liability for any personal injuries sustained by their child and personal property damage.
        (b)    Alterations to the release of claims and indemnification provisions are not permitted. Registration forms which fail to contain the signatures of the appropriate parent or guardian or contain any revisions or alterations shall not be accepted.
    (5)    Authorization for field trips off site
    (6)    Media releases
        The department will allow the media to film and photograph program activities at parks provided:
        (a)    Filming is required for news and non commercial purposes;
        (b)    The program director determines that the filming, etc. will not unduly interfere with or disturb the program; and
        (c)    Individual children are not singled out for demonstration, photography or interview purposes against their wishes.
[Eff: JUL 12 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §3-6 Registration priority. Program registration is limited and shall be on a first-come, first-served basis. Eligibility for waived or discounted fees will not provide an advantage or disadvantage to participation in any recreation child care program. Applicants who desire to enroll full-time shall be given priority over applicants who desire to enroll part-time. [Eff: Jul 12 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §3-7 Registration wait lists. Registration wait lists for recreation child care programs may be established on a first-come, first-served basis, but do not guarantee enrollment in the program. Separate waiting lists may be established for applicants who wish to enroll full-time and those who wish to enroll part-time. The department will notify parents by telephone or in writing of openings in the recreation child care program. [Eff: Jul 12 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §3-8 Field trips. (a) Supervision on field trips will require all the program staff in the recreation child care program to accompany the field trip group(s). There will be no supervision provided at the program site for those children not participating in the field trip. Parents or guardians shall be responsible to make alternative provisions for child care on field trip days for the child or children not participating in the field trip.
    (b) Parents or guardians who send their children to the program site on a field trip day are responsible for any field trip cost. Failure to pay any field trip cost within five working days after the field trip may result in suspension or dismissal of the child from the recreation child care program. [Eff: JUL 12, 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §4-2 General release. Any child enrolled in a recreation child care program, including Summer Fun, will be released at the end of the program day. Parents or guardians are responsible for arranging for child pick-up at the end of the program day. A child may not leave the program while the program is in progress unless the department receives written or verbal authorization from the parents or guardians authorizing release of the child before the end of the program day. [Eff: Jul 12, 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §4-3 Restricted pick-up. Any child enrolled in a recreation child care program which specifically requires that the child be released only to parents or authorized persons, will be released only to the parents or authorized persons designated on the program registration form, unless, the parents or guardians request in writing, that the child be given a general release whereby the parent or guardian need not pick-up and sign-out the child at the end of the program day. A pick-up and sign-out procedure will be required before release of any child. [Eff: JUL 12 1998] (Auth: ROH §1-9.1, HRS §346- 152) (Imp: HRS §346-152)

    §4-4 Child pick-up and sign-out authorization and procedure. For recreation child care programs which require the child to be picked up only by the parent, guardian, or other person authorized on the registration form, the authorized person must complete the name of the child, name of the person picking up the child and the time of pick-up in the sign-out log before the child may be released from the program site. [Eff: JUL 12, 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §4-5 Late pick-up. The City may assess the parent or guardian a late pick-up fee for any child enrolled in a recreation child care program which specifically requires that the child be released only to parent, guardian, or authorized persons, when the child is not picked up within one-half hour after the close of the program day. If the child is not picked up or the program director is not contacted by the parent or guardian within one hour of the end of the program day, then the program director will call the Honolulu Police Department to arrange for proper custody of the child. [Eff: JUL 12 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §4-6 Withdrawal from Program. Parents or guardians may withdraw their child from the recreation child care program at any time, upon giving the program director written or verbal notice of the date of withdrawal and reasons for the withdrawal. [Eff: JUL 12, 1998] (Auth: ROH §1-9.1, HRS §346- 152) (Imp: HRS §346-152)

    §4-7 Dismissal from program. The program director, at his or her discretion, is authorized to dismiss any child from a recreation child care program based on, but not limited to, the child's behavior that is unsafe and harmful to him or herself or others, repetitive disciplinary problems, unexcused tardiness or absences, repeated late pick-ups, or untreated health problems or conditions. Reasons for dismissal shall be documented in writing and a copy will be provided to the parent or guardian. The program director will contact the parent or guardian to discuss the reasons for dismissal. Before any child is dismissed from a recreation child care program, the
program director may request a conference with the parent or guardian to discuss resolution of the problem. [Eff: Jul 12 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §4-8 Suspension from program. The program director is authorized to suspend any child for a period of time as a disciplinary measure. The program director shall notify the parents or guardians in writing of the suspension. [Eff: JUL 12, 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §5-2 Staff training, experience, and personal qualifications. (a) Staff (full-time employees, parttime employees, independent contractors and adult volunteers) responsible for recreation child care programs shall be qualified through training, experience, and responsible character.
    (b) Applicants and staff shall be of reputable and responsible character and shall not have a criminal history record, employment history, or background which poses a risk to children in care.
        (1)    Conviction of a crime involving violence, alcohol or drug abuse, sex offense, offense involving children and any other conviction, the circumstances of which indicate that the applicant, employee or adult volunteer may pose a danger to children may be a basis for denial or termination of employment or placement.
        (2)    Type of criminal offense, when it occurred, and evidence or rehabilitation may be considered in determining whether the criminal history record poses a risk to the health, safety, or well-being of children in care.
        (3)    An employment history indicating violence, alcohol, or drug abuse, any other violation of employer rule or policy, the circumstances of which indicate that the applicant or employee or adult volunteer may pose a danger to children may be a basis for denial or termination of employment or placement.
        (4)    Background information which shows that the individual has been identified as and substantiated to be the perpetrator of child abuse or neglect may be a basis for denial or termination of employment or placement.
    (c)    In addition to meeting minimum qualifications for respective job classifications, requirements for staff and applicants assigned to recreation child care programs shall include, but not be limited to:
        (1)    current standard first aid certification;
        (2)    current tuberculosis clearance certification; and
        (3)    criminal history record check as authorized by state law.
[Eff:  JUL 12,1998] (Auth: ROH §1-9.1, HRS §§346-152, 846-43) (Imp: HRS §§346- 152, 846-43)

    §6-2 Waivers. The Summer Fun registration fee may be waived if, at the time of registration, the parent or guardian submits a letter or written verification from the department of human services, State of Hawaii, verifying that at the time of the child's registration that the child is in foster care or from a family or household receiving state or federal aid to families with dependent children or food stamps. [Eff: JUL 12 1998] (Auth: ROH §§1-9.1, 10- 8.3) (Imp: ROH §10-8.3)

    §6-3 Refunds. All fees are non-refundable after the start of the recreation child care program or collection deadline (for special activities) as designated at the time of registration. No refunds for unused days or activities are permitted after the start of the recreation child care program or collection deadline has passed. Refund requests shall be submitted to the department in writing and accompanied by a receipt, cancelled check, or appropriate registration form indicating payment. If the department cancels any activity, refunds shall be made on a pro-rata basis. [Eff: JUL 12 1998] (Auth: ROH §§1-9.1, 10-8.4) (Imp: ROH §10-8.4)

    §6-4 Transfers of Summer Fun registration fee. The Summer Fun registration fee may be transferred when a child transfers from one program site to another program site. Transfer of activity fees is not permitted. A transfer form verifying payment or waiver of the Summer Fun registration fee will be provided to the parents or guardians. Parents or guardians shall submit the transfer form to the program director when registering at the new program site. [Eff: Jul 12, 1998] (Auth: ROH §§1-9.1, 10-8.4)(Imp: §10 .8-4)

    §6-5 Payment. Fees are due and payable upon registration. Checks and money orders shall be made payable to the City Director of Finance. Cash is accepted, but checks or money orders are preferred. There is a $25.00 service charge for all returned checks. Failure to pay fees or charges will result in dismissal from a recreation child care program. [Eff: JUL 12, 1998] (Auth: ROH §§1-9.1, 10-8.4)(Imp: ROH §10-8.4)

    §7-2 Medication requests. (a) Except for supplies used in standard first aid treatment, medication will not be administered to any child, under any circumstance, by any recreation staff. Administer means to inject, apply, or
feed.
    (b) Medication may be dispensed provided the parent/guardian of the child signs a request to dispense medication and release of claims and indemnification agreement. Dispense means to make the prescribed dosage available for the child to self-administer. Only prescription medicine shall be dispensed by staff; no over-the-counter medicines, creams, cough drops, pain relievers or other non-prescriptive medications will be dispensed. At its discretion, staff may refuse to dispense medication. [Eff: JUL 12 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)

    §7-3 Allergies. It is the responsibility of the parents or guardians of the child to notify the department that the child has allergies to food and other substances. Upon receiving notice from the parents or guardians of the child's allergies, the department will record the child's allergies on the child's program registration form. It is the responsibility of the parents or guardians of the child to include the child's allergies and any other medical
related information in the child's program registration form at the time of registration. [Eff: JUL 12 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346- 152)

    §7-4. Accidents or medical emergency -procedures. In case of an accident causing minor injury, first aid may be rendered by a certified staff member. In case of a major accident, a medical emergency unit will be called to transport the child to the nearest medical treatment center. When possible, department staff will accompany the child until parents or guardians or someone designated by the parents or guardians arrives to take responsibility. Parents, designated adults, the child's own physician, or emergency contact will notified. Parents or guardians of the child shall assume all costs for medical service rendered on behalf of the child. [Eff: JUL 12 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346-152)
    
    §7-5 Emergency closing. Due to unforeseen circumstances, i.e., unavailable toilet facilities, electrical power failure, broken water main, the program director may suspend or relocate temporarily the recreation child care program at another facility. Parents will be notified by telephone of the suspension or relocation of the program and signs will be posted at the program site. In the event of an evacuation, program staff will evacuate the children to the nearest shelter. Signs shall be posted at the program site informing parents or guardians where evacuees have been taken. Children will remain under the supervision and care of department staff until reunited with their parents or guardians or, if that is not possible within twenty-four hours of the civil defense all-clear notice, the Honolulu Police Department or appropriate governmental entity will be contacted to arrange for custody of the child. [Eff: JUL 12 1998] (Auth: ROH §1-9.1, HRS §346-152) (Imp: HRS §346- 152)

    §7-6 Unregistered or uninvited individuals. Uninvited or unregistered individuals whose presence at the program site may interfere with or disturb the conduct of the recreation child care program shall be requested to leave or shall be removed. [Eff: JUL 12 1998] (Auth: ROH §1-9.1, HRS §346-152)
(Imp: HRS §346-152)

    §10-2 Contents of petition. Petitions for rulemaking shall contain:
        (1)    The petitioner's name, address, and telephone number.
        (2)    A draft of the substance of the proposed rule or amendment or a designation of the provision sought to be repealed.
        (3)    A statement of the nature of the petitioner's interest.
        (4)    A statement of the reasons in support of the  proposed rule, amendment, or repeal.
[Eff: JUL 12 1998] (Auth: HRS §91-6, RCH §4-105) (Imp: HRS §91-6)

    §10-3 Disposition of petition. Within thirty days after receipt of the petition, the director shall either deny the petition in writing, stating the reasons for the denial, or initiate rulemaking proceedings in accordance with HRS §91-3. Upon disposition of the petition, the director shall notify the petitioner in writing. [Eff: JUL 12, 1998] (Auth: HRS §91-6) (Imp: HRS §91-6)

    §10-4 Notice of 'public hearings. (a) When, pursuant to a petition or on his own initiative, the director proposes to adopt, amend, or repeal of rule, notice of proposed rulemaking shall be published at least once in a newspaper of general circulation within the city and county.
    (b)    The notice shall be published at least 30 days prior to the date set for the public hearing.
    (c)    The notice shall also be mailed to neighborhood boards and to all person who have requested advance notice of the department's rulemaking proceedings.
    (d)    The notice shall include the following information:
        (1)    A statement of the substance of the proposed rule adoption, amendment, or repeal; a general description of the subjects involved and the purposes to be achieved by the proposed rule adoption, amendment, or repeal.
        (2)    A statement that a copy of the proposed rule to be adopted, amended, or repealed will be mailed at no cost to any interested person who requests a copy.
        (3)    The date, time, and place where the public hearing will be held and where interested persons may testify on the proposal.
[Eff: JUL 12, 1998] (Auth: HRS §91-2) (Imp: HRS §91-3)

    §11-2 Contents of petition. (a) The petition shall contain:
        (1)    The petitioner's name, address, and telephone number.
        (2)    Designation of the specific provision, rule, or order in question, together with a statement of the controversy or uncertainty involved.
        (3)    A complete statement of facts.
        (4)    A statement of the petitioner's interest and reasons for submitting the petition.
        (5)    A state of the petitioner's position or opinion.
        (6)    Justification and legal arguments supporting the petitioner's position.
    (b) Any petition which does not conform to the foregoing requirements may be rejected.
[Eff: Jul 12, 1998] (Auth: HRS §91-8. RCH §4-105)(Imp: HRS §§91-2, 91-8)

    §11-3 Referral to other agencies. Where any question of law is involved, the director may refer the matter to corporation counsel. The director may also obtain the assistance of other agencies when necessary or desirable. [Eff: JUL 12, 1998] (Auth: HRS §91-8) (Imp: HRS §§91-2, 9-8)

    §11-4 Director's action on petition. (a) Within sixty days after the receipt of a petition for declaratory ruling, the director shall either deny the petition in writing stating the reasons for refusing to issue a declaratory ruling, or shall issue a declaratory ruling on the matters contained in the petition.
    (b) The director shall notify the petitioner in writing of the disposition of the petition. [Eff: JUL 12, 1998] (Auth: RCH §4-105, HRS §§91- 2, 91-8) (Imp: HRS §§91-2, 91-8)

    §11-5 Refusal to issue declaratory ruling. The director may refuse to issue a declaratory ruling where:
        (1)    The question is speculative or hypothetical and does not involve existing facts, or facts which can reasonably be expected to arise within the next year.
        (2)    The petitioner's interest is not of the type which would give him standing to maintain an action if he were to seek judicial relief.
        (3)    The issuance of the declaratory ruling may adversely affect the interests of the city in any litigation which is pending or may reasonably be expected to arise.
        (4)    The matter is not within the jurisdiction of the department.
        (5)    For other good cause. [Eff: JUL 12, 1998] (Auth: RCH §4-105) (Imp: HRS §§91-2, 91-8)

    §11-6 Applicability of declaratory ruling. A declaration ruling shall apply only to the factual situation stated in the petition or set forth in the ruling. A declaratory ruling shall not apply to situations where the facts are different or where there are additional facts. [Eff: JUL 12, 1998] (Auth: RCH §4-105) (Imp: HRS §§91-2, 91-8)

    These rules shall take effect ten (10) days after filing with the Office of the City Clerk.

                                                                      DEPARTMENT OF PARKS AND RECREATION
                                                                      CITY AND COUNTY OF HONOLULU

                                                                       /s/ William D. Balfour, Jr.
                                                                      William D. Balfour, Jr. Director

APPROVED AS TO FORM:

/s/ Dawn D. Spurlin
Deputy Corporation Counsel

APPROVED this 29th day of
June , 1998.

/s/ Jeremy Harris
JEREM HARRIS, Mayor
City and County of Honolulu

Received this 2nd day of
July , 1998.

/s/ Genevieve G. Wong
    City Clerk
GENEVIEVE G. WONG