Bill Text: HI SB2853 | 2014 | Regular Session | Amended
Bill Title: Developmental Disabilities Foster Homes
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-08 - Act 203, 7/2/2014 (Gov. Msg. No. 1313). [SB2853 Detail]
Download: Hawaii-2014-SB2853-Amended.html
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THE SENATE |
S.B. NO. |
2853 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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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 to read as follows:
"§321-11.2 Adult foster homes. (a) The department of health is authorized to certify
adult foster homes for 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] house not more than two adults with
developmental or intellectual disabilities who are unrelated to the
certified caregiver at the same time[, who are unrelated to the foster
family]. The director of health may waive
the two-adult limit for certification of that home as an adult foster
home; provided that the total number of adults with developmental or
intellectual disabilities in the [certified] home shall not exceed three
adults with developmental or intellectual disabilities[.] who are related
or unrelated to the certified caregiver.
For the purposes of this subsection:
"Certified caregiver" means an individual who is twenty-one years of age or older, resides in an adult foster home, and has been issued by the department a valid certificate of approval to provide care, training, and supervision on a twenty-four hour basis to adults with developmental or intellectual disabilities.
"Related" means connected by legal guardianship, trusteeship, blood, marriage, or a legal relationship between the certified caregiver and the adult with developmental or intellectual disabilities.
(b) 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 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] 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] No
new adults may be admitted into the home while there are any foster children
residing in the home.
This subsection shall not affect the validity of the certification of any adult foster home that is certified as a foster boarding home under section 346-17 and in existence as of the effective date of Act , Session Laws of Hawaii 2014.
(c) An existing adult foster home shall not be given dual certification if the certification as an adult foster home precedes dual certification, unless the certification as a foster boarding home under section 346-17 is for a specific child, as provided in the department of human services' administrative rules.
[(b)] (d) The rules of the
department of human services adopted under authority of section 346-17, which
prescribe the standards of conditions and competence of operation of child
foster boarding homes shall apply to adult foster homes. Notwithstanding
chapter 91, to the contrary, the rules shall be considered adopted by the
department of health on July 1, 1986, for the purpose of regulating adult
foster care homes and shall be valid until the department of health adopts
rules pursuant to chapter 91. The department of health shall adopt rules
pursuant to chapter 91 necessary for the purposes of this section.
[(c)] (e) Rate of payment for
adult foster homes is to be determined on the same basis as domiciliary care
homes as provided under section 346-53."
SECTION 2. Upon this Act's approval, the revisor of statutes shall insert the number of this Act in section 321-11.2(b), Hawaii Revised Statutes, as amended by section 1.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Developmental Disabilities Foster Homes
Description:
Permits exemptions from two-resident limit for certified adult foster homes for adults with developmental or intellectual disabilities by waiver and for foster children who turn 18. Permits dual certification as child and adult foster home to accommodate children who turn 18 or specific children. (SB2853 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
