Bill Text: HI SB2853 | 2014 | Regular Session | Amended

Hawaii Senate Bill 2853 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

THE SENATE	S.B. NO.	2853
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 2
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 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~~]:

(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 who is:

(A) A legal guardian of a foster adult;

(B) A trustee of a foster adult; or

For the purposes of this subparagraph, "related" means related by blood, related 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.

(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 defined as a foster boarding home under section 346-16 and 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 and children 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 defined as a foster boarding home under section 346-16, certified as a foster boarding home for children under section 346-17, and in existence as of the effective date of this Act.

[~~(b)~~](c) 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)~~](d) 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. Section 346-17, Hawaii Revised Statutes, is amended to read as follows:

"§346-17 Child placing organizations, child caring institutions, and foster boarding homes; authority over, investigation of, and standards for. (a) No child placing organization shall engage in the investigation, placement, and supervision of minor children in foster care unless it meets the standards of conditions, management, and competence set by the department of human services.

(b) No child caring institution shall receive minor children for care and maintenance unless it meets the standards of conditions, management, and competence to care for and train children set by the department.

(1) It meets with the standards of conditions, management, and competence set by the department; and

(2) The foster boarding home applicant successfully completes foster parent training; provided that after July 1, 1999, new special licensed or relative foster home care providers licensed for a specific child or children shall successfully complete foster parent training within the first year following placement of the first child into the new special licensed or relative foster home.

(d) The department shall adopt rules pursuant to chapter 91 relating to:

(1) Standards for the organization and administration of child placing organizations;

(2) Standards of conditions, management, and competence for the care and training of minor children in child caring institutions and foster boarding homes; and

(3) Standards of conditions and competence of operation of foster boarding homes as may be necessary to protect the welfare of children.

(e) All rules of the department shall have the force and effect of law, and any violation thereof or of this section shall be punishable by a fine of not more than $200.

(f) As a condition for a certificate of approval, any organization, institution, or foster boarding home, including all adults residing in the foster boarding home, shall:

(1) Meet all standards and requirements established by the department;

(2) Be subject to criminal history record checks in accordance with section 846-2.7, and child abuse and neglect registry checks, in accordance with departmental procedures; and

(3) Provide consent to the department or its designee to obtain criminal history record and child abuse and neglect registry information.

New employees of the organization, institution, or home shall be fingerprinted within five working days of employment.

(g) Upon approval of the organization, institution, or foster boarding home, the department or its authorized agents shall issue a certificate of approval that shall continue in force for one year or for two years if the organization, institution, or foster boarding home meets the criteria established by the department, unless sooner revoked for cause. The certificate shall be renewed by the department or its authorized agents, after annual or biennial investigation, if the investigation discloses that the organization, institution, or foster boarding home continues to meet the standards set by the department. The certificate of approval shall be a permit to operate the child placing organization, child caring institution, or foster boarding home, and no person or organization shall operate or maintain the organization, institution, or foster boarding home without the certificate.

(h) Any child placing organization, child caring institution, or foster boarding home shall be subject to review or investigation at any time and in a manner, place, and form as may be prescribed by the department or its authorized agents.

(i) As used in this section, "foster parent training" means training or instruction in special skills and knowledge to care for foster children.

(j) The department or its designee shall request:

(1) A criminal history record check through the Hawaii criminal justice data center on all operators, employees, and new employees of child care institutions, child placing organizations, and foster boarding homes, including all adults residing in the foster boarding homes, subject to licensure pursuant to section 846-2.7; and

(2) A child abuse and neglect registry check on all operators, employees, and new employees of child care institutions, child placing organizations, and adults residing in a foster boarding home subject to licensure in accordance with departmental procedures.

(k) The department may deny a certificate of approval if an operator, employee, or new employee of a child care institution or child placing organization's facility, or any adult residing in a foster boarding home, was convicted of a crime other than a minor traffic violation involving a fine of $50 or less and if the department finds that the criminal history record or child abuse registry history of an operator, employee, new employee, or adult residing in a foster boarding home poses a risk to the health, safety, or well-being of the children in care.

(l) The department or its designee shall make a name inquiry into the criminal history records for the first two years of certification of a foster boarding home and annually or biennially thereafter and into the child abuse and neglect registry in accordance with departmental procedures depending on the certification status of the home.

(m) The department shall not certify as a foster boarding home any existing adult foster home that has been certified by the director of health pursuant to section 321-11.2."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2050.

Report Title:

Developmental Disabilities Foster Homes

Description:

Prohibits legal guardians, trustees, and relatives from continuing to care for individuals with intellectual or developmental disabilities in a certified foster home. Defines "related" as related by blood or marriage or having a legal relationship between a certified caregiver and a foster adult. Permits minors with intellectual or developmental disabilities to age in place under certain conditions. Clarifies that certified adult foster homes dually certified as foster boarding homes shall not exceed a total of three individuals with intellectual or developmental disabilities. Does not impact the validity of certification of adult foster homes that are dually certified as foster boarding homes and in existence as of the effective date of this Act. Takes effect on 1/1/2050. (SD2)

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