Background checks
HRS §346-2.5
in effect346-2.5. Background checks
(a) The department shall develop procedures for obtaining verifiable information regarding the criminal history of any person who is employed or seeking employment, including a contractor and its employees or subcontractor and its employees if prior authority to access federal tax information has been provided by the United States Department of the Treasury, if the person will require access to federal tax information. The procedures shall include criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the department for the purpose of determining whether a person is suitable for accessing federal tax information in accordance with applicable federal laws.
(b) The department may terminate or deny
employment to any current or prospective employee or terminate or refuse to
secure the services of a contractor and its employees or subcontractor and its
employees authorized under subsection (a), if the department finds by reason of
the nature and circumstances of the background investigation conducted under
subsection (a) that the current or prospective employee, contractor,
contractor's employees, subcontractor, or subcontractor's employees pose a risk
to the security of federal tax information. Termination or denial of
employment or refusal to secure services under this subsection shall only occur
after appropriate notification to the current or prospective employee,
contractor, or subcontractor of the findings of the background investigation,
and after the current or prospective employee, contractor, or subcontractor is
given an opportunity to respond to the findings. Nothing in this subsection
shall abrogate any applicable appeal rights under chapters 76 and 89, or
administrative rules of the department.
(c) The department shall develop procedures
for obtaining verifiable information regarding the criminal history, and
information confirming the reputable and responsible character, of any current
or prospective employee, volunteer, contractor, contractor's employee or
volunteer, subcontractor, or subcontractor's employee or volunteer, whose
position places or would place them in close proximity to minors, young adults,
or vulnerable adults who are receiving from the department:
(1) Child welfare services;
(2) Social services;
(3) Services intended to prevent abuse or neglect; or
(4) Services intended to assist youth aging out of
foster care with obtaining and maintaining independent living skills.
(d) Any current or
prospective employee, volunteer, contractor, contractor's employee or volunteer,
subcontractor, or subcontractor's employee or volunteer, whose position places
or would place them in close proximity to minors, young adults, or vulnerable
adults as described in subsection (c) shall:
(1) Be fingerprinted for purposes of a criminal
history record check;
(2) Submit to a criminal history record check in
accordance with section 846-2.7;
(3) Consent to the department obtaining other
criminal history records for verification; and
(4) Consent to the department conducting searches of
the state adult protective services central registry of reported cases
established in section 346-224 and child abuse and neglect registry;
provided that a new department employee or volunteer
shall be fingerprinted before beginning employment or volunteer work; provided
further that the information obtained pursuant to this subsection and
subsection (e) shall be used exclusively by the department to determine whether
it is appropriate for the person to work in close proximity to minors, young
adults, or vulnerable adults.
(e) The department may periodically obtain
criminal history information on all persons who are subject to this section
through the Hawaii criminal justice data center.
(f) The department may terminate or deny
employment to a current or prospective employee or volunteer, or terminate or
refuse to secure the services of a contractor or the contractor's employees or
volunteers, or a subcontractor or the subcontractor's employees or volunteers,
if the department finds, based on the results of the background investigation
conducted pursuant to subsections (d) and (e), that the current or prospective
employee, volunteer, contractor, contractor's employee or volunteer, subcontractor,
or subcontractor's employee or volunteer may pose a risk to the health, safety,
security, or well-being of minors, young adults, or vulnerable adults as
described in subsection (c). Termination or denial of employment or
termination or refusal to secure services under this subsection shall occur
only after the department notifies the current or prospective employee,
contractor, or subcontractor of the findings of the background investigation,
and after the current or prospective employee, contractor, or subcontractor is
given an opportunity to respond to the findings. Nothing in this subsection
shall abrogate any applicable rights to appeal under chapters 76 and 89 or the
administrative rules of the department.
(g) The department shall be exempt from
section 831-3.1 and need not conduct investigations, notifications, or hearings
under this section in accordance with chapter 91.
(h) For purposes of this section:
"Vulnerable adult" has the same
meaning as defined in section 346-222.
"Young adult" means a person between
the ages of eighteen and twenty-one or a person authorized by the Foster Care
Independence Act of 1999, P.L. 106-169, or other applicable law, regardless of
age, to receive benefits and services aimed at assisting youth aging out of
foster care in the United States in obtaining and maintaining independent
living skills.
[L 2017, c 132, §3; am L 2023, c 88, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0346/HRS_0346-0002_0005.htmFetched: 11/10/2026