Registering a family child care home in Hawaii

Where registration starts and stops

Hawaii defines a family child care home as a private residence (a house, apartment, unit or townhouse) where care may be given to “three to no more than six children who are unrelated to the caregiver by blood, marriage, or adoption, at any given time” ⁠³. Those numbers set up three tiers:

Group homes and centers have their own rule chapter and inspection process; see the Hawaii group child care center and group home guide.

The exemptions in HRS §346-152 that matter most for home providers are ⁠⁴⁠⁵:

• Relatives. Care by a parent’s sibling, grandparent, great-grandparent, great-great-grandparent, first cousin, sibling’s child, sibling’s grandchild, grandparent’s sibling, stepparent or stepsibling, or the spouse of any of them (even after the marriage ends).
• Two or fewer unrelated children.
• Short programs. Care for a child for less than six hours a week.
• In-home sitters. A person who goes into a family’s home and cares only for that household’s children.

If you rely on an exemption, the law puts the burden on you to prove it applies, and you must cooperate with DHS investigations of unregistered care ⁠⁴. Exempt home providers can still be paid through the state subsidy; see the subsidy section below.

Counting children: your own kids and infants

The six-child cap in HAR §17-891.2-10 includes your own young children in most cases. Only two groups of your own children are left out: children six or older, and children under six who are not in your care (for example, at preschool or with another caregiver while you have the daycare children) ⁠¹. A four-year-old of yours who is home all day counts as one of your six.

Section 17-891.2-36 applies the cap “during any part of a twenty-four-hour day,” so evening and overnight children count the same way ⁠¹. Inside the six, it also limits infants and young toddlers:

• No more than two children under 18 months at once.
• Up to four under 18 months if another adult is helping in the home. Parents must be given the helper’s name ⁠¹.

DHS must also set a lower number when space is unusually limited, when you have personal, physical or psychological limitations, when the children’s ages are unusually spread out, when children with special needs require unusual amounts of care, or when you are also licensed as a foster home ⁠¹. Your certificate states the number and types of children you may care for ⁠¹.

Zoning, landlords and associations

Hawaii has two statutes that protect home child care, and each has limits you should check before you spend money.

County zoning. HRS §46-15.35 makes a family child care home “a residential use of property” and a permitted use in every residentially designated zone. It is also permitted in agricultural districts if it operates in a farm dwelling. The statute says no conditional use permit, variance or special exception may be required ⁠⁹. That does not exempt you from county building codes. HAR §17-891.2-80 still requires the home to conform to county zoning, building, electrical and plumbing codes ⁠¹. DHS’s own example of a code problem is a home with more than one complete kitchen, and it also mentions the number of renters ⁠².

Landlords and insurers. DHS tells applicants to ask their landlord (if renting), any community association, and their insurance company whether they can run child care in the home before applying ⁠².

Townhouses. Under HRS §502C-2, a townhouse association cannot prohibit a family child care home if all three conditions hold ⁠¹⁰:

1. Owner-occupant

   You own and live in the unit.

2. Ground floor

   The unit is on the ground floor with a ground-floor entry.

3. Notice and access

   You give the association written notice of intent at least 90 days before opening, and you comply with the Americans with Disabilities Act, paying for readily achievable modifications.

A home that gives no notice “shall not commence operation.” If one opens or keeps operating without it, the association is released from liability and you must indemnify it ⁠¹⁰.

Condominiums and planned communities. These get no automatic right. Their association may authorize a unit as a family child care home by a vote of a majority of owners, or by whatever other method its documents allow ⁠¹⁰.

Conditions an association may impose. Any association that allows a home can ⁠¹⁰:

• cap child care homes at between 1% and 3% of the units;
• require owner occupancy;
• limit homes to the fourth floor or lower;
• require you to indemnify it and to reimburse any increase in its insurance premium;
• require parents to sign liability waivers;
• require you to carry liability insurance naming the association as an additional insured. That required limit cannot exceed $1,000,000 per provider. If the association’s own policy excludes the home and you cannot find other coverage for the same risk, the statute lets the association prohibit it.

DHS enforces this at the application stage. HAR §17-891.2-2 makes “verification that the condominium or townhome association allows the applicant to operate” part of a complete application, and §17-891.2-80 requires written evidence of it ⁠¹.

The application packet

DHS lists these items on its application page (as published on 2026-10-12) ⁠²⁠¹:

1. Application forms

   DHS 982, Application for Certificate of Approval for Family Child Care, plus the DHS 983 Supplement.

2. Health records for everyone in the household

   Adults use the DHS 984 Medical Report. Children use DOE Form 14 or comparable proof of immunizations, a physical exam and TB clearance. DHS recommends, but does not require, the DHS 908 Early Childhood Pre-K Health Record Supplement for children.

3. Two letters of reference

   They must come from two different categories: a neighbor or personal friend; a professional such as a teacher, doctor, minister or social worker; or a parent of a child you have cared for before ⁠¹.

4. Employment history

   DHS 959 Employment History Form and DHS 959A Self-Certification of Employment.

5. Background checks

   Sign the DHS-948 Authorization for Background Check and to Release Information.

6. Association approval

   Required if you live in a condominium or townhome project ⁠¹.

No fee appears on the DHS application page or in the application section of the rule ⁠²⁠¹. Confirm with your licensing unit before you file.

The background check under HRS §346-154 has four parts: a criminal history record check, a sex offender registry check, a child abuse record check and an adult abuse perpetrator check. It covers you, anyone you plan to employ, and every household member ⁠⁷. DHS’s 2017 overview says the criminal check includes a federal fingerprint check ⁠¹¹. The checks are not one-time:

• People who join the household and staff hired after you are registered must complete the checks within five working days of moving in or being hired.
• Everyone repeats the checks every year, with consent due by the anniversary of the last one ⁠¹.
• Anyone who has been out of the state, or out of child care, for 180 consecutive days or more must go through the checks again ⁠¹.

From application to certificate

1. Complete application received

   Your application date is the day DHS receives the complete packet. If the packet is still incomplete nine months after DHS received the form, it expires and you start over, unless the unit grants more time ⁠¹.

2. Clearances come back

   DHS schedules the home visit only after the documents are in and the criminal history and child abuse/neglect checks come back satisfactory ⁠².

3. Home visit

   A Child Care Licensing Worker inspects the entire home and goes over the registration rules with you ⁠². By rule, DHS also reviews your qualifications and your written policies and program provisions ⁠¹.

4. Corrections

   Every deficiency cited must be fixed before DHS issues a certificate ⁠².

5. Decision

   DHS must issue a decision within 90 days of a complete application. If it does not, the rule says the application “shall be deemed approved” ⁠¹.

If you meet every rule, you receive a regular certificate. If some rules cannot be met right away but can be met within six months, and the gaps do not threaten children’s health or safety, DHS may instead issue a provisional certificate valid for six months ⁠¹.

Physical rules for the house

The space standards in HAR §17-891.2-80 (as filed in 2023) are ⁠¹:

The covered-lanai allowance is in the filed rule but was not in DHS’s 2020 draft, so older summaries may leave it out.

Fire and emergencies. HAR §17-891.2-66 requires ⁠¹:

• a written disaster plan, posted in a prominent place, covering evacuation, relocation, shelter in place, lock-down, reunification with families, continuity of operations, and the needs of infants, children with disabilities and children with chronic medical conditions;
• practice drills, with a log, plus monthly fire drills with a written log;
• a UL-listed fire warning device or system in each stairway or hall;
• an unexpired ABC multipurpose fire extinguisher in the child care area;
• notice to DHS within one working day after any real evacuation, relocation, shelter in place or lock-down.

Pools and beaches. A certified lifeguard, who may be you, must be on duty whenever children use a pool or beach. Wading pools under 24 inches deep are exempt from the lifeguard rule, but an adult must attend the children and the pool must be emptied after each use ⁠¹.

Night care. For overnight care you must be within hearing distance of the children all night. No child may sleep in a building detached from the house, and the home needs at least one shower, bathtub or bathing facility for young children ⁠¹.

Infants. Children under one must be placed on their backs to sleep unless a health care practitioner has given written instructions otherwise. They sleep in a crib or playpen that has not been recalled, with a tight fitted sheet and no soft bedding or bumper pads. Bed-sharing is banned. Anyone caring for infants must review your written safe sleep policy and complete DHS-approved safe sleep training on hire and every year ⁠¹.

Who can provide care, and the training clock

Every provider must be at least 18; volunteers assisting you are the only exception ⁠¹.

Health records. These must be kept on file in the home ⁠¹:

• your physical exam, given within one year before you start, plus a psychological exam if the physical shows a mental health disorder or limitation;
• the same for each staff member working 10 or more hours a week;
• a physical exam for every other household member, done within a year before you start or before they move in (school-age children meet this through school attendance rules);
• TB clearance for every adult in the home under HAR chapter 11-164.2.

Initial training. Every caregiver, substitute and volunteer must complete DHS-approved health and safety training within 45 days of hire ⁠¹. It covers 11 topics:

• infectious disease and immunizations;
• sudden infant death syndrome (SIDS) prevention and safe sleep;
• giving medication;
• food and allergic reactions;
• building safety;
• shaken baby syndrome and child maltreatment;
• emergency preparedness;
• hazardous materials;
• transporting children;
• pediatric first aid and CPR;
• recognizing and reporting child abuse and neglect.

DHS must record the training as completed with 100 percent accuracy. Anyone who has not provided child care for 180 consecutive days must repeat it ⁠¹.

Annual training. Within 12 months after DHS records the initial training, and every year after that, caregivers complete department-approved training ⁠¹:

• caregivers: at least 16 hours a year;
• substitutes: 10 hours;
• volunteers working 10 or more hours a week: 8 hours.

Each year’s training must cover at least two of the 15 listed topic areas, and the topics must differ from those completed in the previous 12 months. “Child care business or program management” is one of the options; safe sleep is on the list for homes approved for children under one. A caregiver who falls behind can no longer count toward the staff-child ratio ⁠¹.

First aid and CPR. At all times while children are present, at least one adult provider must hold a current pediatric first aid certificate and a current child CPR certificate. The courses must come from the American Red Cross, the American Heart Association, or an equivalent organization DHS approves. If you accept infants, the CPR course must include infant CPR ⁠¹.

Substitutes. A substitute must meet the same qualifications as you. Give DHS and parents the substitute’s name, address and phone number. Except in emergencies, parents get at least 10 days’ notice before a substitute is used ⁠¹.

Insurance and written policies

Liability insurance. HRS §346-157 makes a general casualty liability policy a condition of registration. DHS verifies your proof of coverage every year ⁠⁸. If the coverage changes, is canceled or ends, you must tell DHS and every parent in writing within seven working days ⁠¹⁠⁸. If you live in a townhouse or condominium, the association’s own insurance condition applies on top of this ⁠¹⁰.

Written policies. HAR §17-891.2-11 lists the operation policies you must have in writing ⁠¹:

• ages accepted and your registered capacity;
• your hours, including any night, holiday and vacation care;
• whether you serve meals;
• fees, payment plan and refund policy;
• your emergency medical plan;
• your liability insurance policy;
• transportation and field trip permissions;
• admission of ill children and children with special needs;
• giving medication;
• grievances, including how parents can file a complaint with DHS;
• mandated reporting of suspected abuse under HRS chapter 350;
• regular communication with parents;
• suspension and expulsion, which must give parents enough time to make other arrangements except where there is imminent danger, and must be documented.

You review these policies with each parent at enrollment and whenever they change ⁠¹.

Keeping the registration

Renewal. A new home’s registration lasts one year. Once you have been registered for four years or more, the period may be two years ⁠⁶⁠¹. A renewal application must reach DHS at least 90 days before the registration expires ⁠¹.

Visits. DHS staff and parents of enrolled children may visit at any time during operating hours, and refusing reasonable access can be grounds for denial, suspension or revocation ⁠¹. DHS’s 2017 overview said homes on a two-year cycle get at least two visits per period, one announced and one unannounced ⁠¹¹. That document predates the 2023 rule, so ask your unit how often it visits now.

Reporting changes. File DHS 974, Notification of Change(s), for significant changes ⁠². The rule also requires:

• 30 days’ notice to parents and DHS before any change in services;
• written notice to DHS within five working days of any change in direct-care staff;
• notice to DHS of renovations to the home ⁠¹.

Enforcement. HAR §17-891.2-4 allows fines for several violations, including caring for more children than allowed, breaking the staff-child ratio, missing background check deadlines, and failing to report suspected abuse ⁠¹. If your certificate is revoked, you cannot reapply for 90 days after a first revocation or for one year after a second. Filing an appeal does not let you keep caring for children while it is pending ⁠¹.

Subsidy payments

DHS’s Child Care Subsidy program pays for children of eligible low-income families in the care of DHS-approved providers. The payment can go to the family or straight to a licensed provider ⁠¹³. Every subsidized provider, registered or exempt, needs child abuse/neglect, adult perpetrator and criminal history background checks ⁠¹³. DHS has a separate form, DHS 937, Health and Safety Requirements for Exempt Family Child Care Home-Based Providers, for exempt home caregivers who take subsidized children ⁠¹³.

Preschool Open Doors, the state’s pre-kindergarten subsidy, is different. DHS describes it as paying “DHS licensed preschools or exempt center-based providers that are listed with DHS” ⁠¹³, and the page does not list registered family child care homes among them, so ask DHS before you count on that program.

Recent changes and where to call

HAR chapter 17-891.2 took effect September 22, 2023, and is based on the older chapter 17-891.1 ⁠¹. Among the requirements in the 2023 chapter are:

• annual background checks;
• the 45-day initial health and safety training;
• the annual training hours by role;
• the nine-part disaster plan;
• the suspension and expulsion policy;
• the safe sleep subchapter.

As of 2026-10-12, DHS’s application page still links the old chapter 17-891.1 and its amendments ⁠². Read the 2023 filed rule instead; it is a scanned PDF.

DHS runs child care licensing units on each island. On the February 2020 list ⁠¹²:

• Oahu: two units, in Honolulu and Waipahu;
• Hawaii Island: Hilo and Kailua-Kona;
• Maui County: Wailuku, which also covers Lanai and Molokai;
• Kauai: Lihue.

That list is more than six years old, so confirm the address before you visit.

Licensing for adult residential care homes, assisted living facilities, adult day care centers and home care agencies sits with the Department of Health’s Office of Health Care Assurance State Licensing Section, not DHS ⁠¹⁵.

Sources

1. 1
   Hawaii Department of Human Services, HAR Chapter 17-891.2, Registration of Family Child Care Homes (filed September 12, 2023; effective September 22, 2023) Checked 12 Oct 2026 · Back to text ↑
2. 2
   Hawaii Department of Human Services, Benefit, Employment and Support Services Division, Applying for a Family Child Care Home Registration Checked 12 Oct 2026 · Back to text ↑
3. 3
   Hawaii State Legislature, HRS §346-151, Definitions Checked 12 Oct 2026 · Back to text ↑
4. 4
   Hawaii State Legislature, HRS §346-152, Exclusions; exemptions Checked 12 Oct 2026 · Back to text ↑
5. 5
   Hawaii Department of Human Services, Benefit, Employment and Support Services Division, Exemptions from Child Care Regulation Checked 12 Oct 2026 · Back to text ↑
6. 6
   Hawaii State Legislature, HRS §346-171, Registration for family child care home required Checked 12 Oct 2026 · Back to text ↑
7. 7
   Hawaii State Legislature, HRS §346-154, Background checks Checked 12 Oct 2026 · Back to text ↑
8. 8
   Hawaii State Legislature, HRS §346-157, Liability insurance coverage; requirement Checked 12 Oct 2026 · Back to text ↑
9. 9
   Hawaii State Legislature, HRS §46-15.35, Family child care homes; permitted use in residential areas and agriculturally designated districts Checked 12 Oct 2026 · Back to text ↑
10. 10
    Hawaii State Legislature, HRS §502C-2, Family child care homes; authorization Checked 12 Oct 2026 · Back to text ↑
11. 11
    Hawaii Department of Human Services, Applying for a DHS Family Child Care Home Registration (June 2017 overview) Checked 12 Oct 2026 · Back to text ↑
12. 12
    Hawaii Department of Human Services, Statewide Child Care Licensing Units (February 2020) Checked 12 Oct 2026 · Back to text ↑
13. 13
    Hawaii Department of Human Services, Benefit, Employment and Support Services Division, Child Care Subsidy Checked 12 Oct 2026 · Back to text ↑
14. 14
    Hawaii State Legislature, HRS §346-172, Rules for registration Checked 12 Oct 2026 · Back to text ↑
15. 15
    Hawaii Department of Health, Office of Health Care Assurance, State Licensing Section Checked 12 Oct 2026 · Back to text ↑

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