Bill Text: HI HB2303 | 2014 | Regular Session | Introduced


Bill Title: Developmental Disabilities Foster Homes

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-27 - Referred to HLT, JUD, referral sheet 6 [HB2303 Detail]

Download: Hawaii-2014-HB2303-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2303

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DEVELOPMENTAL DISABILITIES ADULT FOSTER HOMES.

 

 

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

 


     SECTION 1.  Section 321-11.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "§321-11.2 Adult foster homes.  (a)  The department of health is authorized to certify adult foster homes for [developmentally disabled] individuals with developmental [disabilities] or intellectual disabilities requiring such care beyond the individual's eighteenth birthday.  "Adult foster home" means a private family home providing care on a twenty-four hour basis [for] to adults with developmental or intellectual disabilities.  To be certified, an adult foster home shall [have]: (1) house not more than two adults with developmental or intellectual disabilities at the same time[, who are unrelated to the foster family.]; and (2) not have a certified caregiver be: (a) a legal guardian of the foster adult; or (b) a trustee of the foster adult; or (c) related to the foster [family] adult"Related" means related by blood, by marriage, or have a legal relationship between the certified caregiver and the foster adult.  The director of health may waive the two adult limit for certification of that home as an adult foster home[;], provided that the number of adults with developmental or intellectual disabilities in the certified home shall not exceed three adults with developmental or intellectual disabilities.  To accommodate residents of a foster boarding home for children with developmental or intellectual disabilities who reach the age of eighteen years, where the home is certified as a foster boarding home for children under [section] sections 346-16 and 346-17, the director of health may waive the two adult limit for certification of that home as an adult foster home, provided that:  (1) the total number of foster children with developmental or intellectual disabilities and adults with developmental or intellectual disabilities in such a dually certified home shall not exceed [five]three, and (2) no new adults and children may be admitted into the home. [while there are any foster children residing in the home.An existing adult foster home shall not have dual certification when the certification of the adult foster home precedes dual certification.

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

Developmental Disabilities Foster Homes

 

Description:

This bill allows a definition of "related" to include relationships by blood, by marriage, legal guardians, and trustees of the foster adult.  Legal guardians, trustees, and relatives may not continue to care for individuals with intellectual/developmental disabilities (I/DD) as a foster home; permits minors with I/DD to age in place under certain conditions; clarifies that certified adult foster homes with dual certification not exceed a total of three individuals with I/DD; and prohibits adult foster homes from dual certification.

 

 

 

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

 

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