Bill Text: HI HB1452 | 2013 | Regular Session | Introduced

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Bill Title: Foster Care; Payments

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-01-28 - Referred to HUS, FIN, referral sheet 7 [HB1452 Detail]

Download: Hawaii-2013-HB1452-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1452
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to FOSTER CARE.

 

 

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

 

     SECTION 1.  The legislature finds that the goal of child foster care is to find each child a permanent home with caring parents. However, the purpose of an effective foster care system is to establish a stable, safe, but temporary living environment for children who are not receiving adequate care.  Children entering the foster care system are often placed with resource caregivers and resource families, who are certified, licensed individuals and families who provide temporary care for children in the system.

     The legislature finds that in 2010, over twelve hundred children were living in out-of-home care and approximately one out of every four of those children were waiting to be adopted.  The role of a resource caregiver includes caring for a child who is pending adoption and, in some instances, facilitating the reunification of a foster child with his or her birth parents over an extended period of time.  Given the demands placed upon resource caregivers, the privilege of caring for a foster child

can involve a lengthy process of paperwork and interviews.

     The legislature also finds that the current payment structure may result in additional strain on resource caregivers, due to fluctuations in the caregiver's monthly household income.  Additional costs incurred by caregivers often require pre-approval from a social worker or social service assistant, or are otherwise approved for after-the-fact reimbursement from the department of human services.

     Moreover, the legislature recognizes that while all resource caregivers should demonstrate competence in caring for children and not have any history of violent crime, an advanced rate of payments should be available to exceptional caregivers who, were they to leave the system, would leave a void that is difficult to fill.

     The purpose of this Act is to establish an advanced rate payment structure for resource caregivers who demonstrate, and continue to demonstrate, that they are exceptional caregivers and show a superior commitment to the children in the foster care system.

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

     "§346    Foster boarding homes; advanced foster care maintenance board rate.  (a)  The department shall establish one or more advanced foster care maintenance board rates, which shall compensate exceptionally qualified resource caregivers and families with payments that are higher than the payments provided by the basic foster care maintenance board rate.

     (b)  Advanced foster care maintenance board rates shall be based on objective criteria, including:

     (1)  The lack of a prior conviction for any misdemeanor or felony offense in the record of a resource caregiver or among the records of the members of a resource family;

     (2)  A resource caregiver or family's successful completion of advanced foster care training, provided that a determination of the successful completion of training shall not be based solely on mere attendance of courses, but based on a demonstration of the knowledge gained through training, which shall be measured by such factors as:
(A)  Oral or written examinations; or

          (B)  Other factors as determined by the department through administrative rule; and

     (3)  A resource caregiver or family's past performance in the provision of care for one or more foster children, as measured by such factors as:

          (A)  Observations made upon the department's visits to the resource caregiver or family's home;

          (B)  A lack of substantiated complaints against the resource caregiver or family; and

          (C)  Other factors as determined by the department; and

     (4)  A determination by the department, based on the foregoing criteria and other objective criteria, that:

          (A)  The resource caregiver or family's past performance warrants a reduction in the frequency of visits to the resource caregiver or family's home; and

          (B)  The departure of the resource caregiver or family from the foster care system would more than likely leave a void that, in the absence of the use of resources such as the expenditure of funds, significant recruitment efforts, and the training of substitute caregivers, would prevent the department from finding a suitable home for one or more foster children.

     (c)  Notwithstanding the foregoing provisions of this section, the advanced payments provided to a resource caregiver or family shall not exceed the payments necessary to meet the needs of the foster child or children under the resource caregiver or family's care; provided that an evaluation of the needs of a child may consider, among other factors, the need for a child to stay in the same foster home, and the need for a child to receive care from an exceptionally qualified resource caregiver or family.

     (d)  Before July 1, 2015, the department shall adopt rules, pursuant to chapter 91, necessary for the purposes of this section.

     (e)  The department shall submit an annual report to the legislature no later than twenty days before the convening of each of the 2014, 2015, and 2016 regular sessions which, at a minimum, shall:

     (1)  State the status of any pending adoption of or amendments to the administrative rules relevant to the administration of this section;

     (2)  Provide a fair and accurate estimate of the cost of providing advanced payments to resource caregivers or families; and

     (3)  Make recommendations for the amendment of this section, if any amendments are warranted.

     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.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

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

 

INTRODUCED BY:	_____________________________

 

 

 

 

 

 

 

 

 

 

Report Title:

Foster Care; Payments

 

Description:

Requires the department of human services to establish an advanced rate payment structure for resource caregivers who demonstrate, and continue to demonstrate, that they are exceptional caregivers and show a superior commitment to the children in the foster care system.

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.