REPORT TITLE:
Kinship Care


DESCRIPTION:
Defines "kinship care."  Authorizes the Department to develop
standards for kinship care apart from other foster care
standards.  Requires criminal history record check for persons
desiring to provide kinship care.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2850
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO KINSHIP CARE.



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

 1      SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§346-    Kinship care.  (a)  The department may adopt rules
 
 5 relating to kinship care, including definitions, placement
 
 6 standards, and eligibility requirements.
 
 7      (b)  Placement standards and eligibility requirements under
 
 8 subsection (a) shall be apart from other foster care placement
 
 9 standards and eligibility requirements.
 
10      (c)  Eligibility requirements shall include, but shall not
 
11 be limited to, criminal history record checks.
 
12      (d)  A person seeking to provide kinship care shall:
 
13           (A)  Submit statements signed under penalty of false
 
14                swearing in official matters, indicating whether
 
15                the person was ever convicted of a crime other
 
16                than a minor traffic violation involving a fine of
 
17                $50 or less;
 
18           (B)  Provide consent to the department to conduct a
 
19                criminal history record check and obtain criminal
 

 
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 1                history record information for verification; and
 
 2           (C)  Be fingerprinted for purposes of this subsection.
 
 3      (e)  The department shall obtain criminal history record
 
 4 information through the Hawaii criminal justice data center on a
 
 5 person seeking to provide kinship care.  The Hawaii criminal
 
 6 justice center may assess the person a reasonable fee for the
 
 7 information.  The information shall be used by the department
 
 8 exclusively for the stated purpose for which it was obtained, and
 
 9 shall be subject to applicable federal laws and federal
 
10 regulations.
 
11      (f)  The department may deny the request to provide kinship
 
12 care if the:
 
13      (1)  Person seeking to provide kinship care was convicted of
 
14           a crime other than a minor traffic violation involving
 
15           a fine of $50 or less; and
 
16      (2)  Department finds that the criminal history record of
 
17           the person poses a risk to the health, safety, or well-
 
18           being of the child or children in care."
 
19      SECTION 2.  Section 346-16, Hawaii Revised Statutes, is
 
20 amended by adding to subsection (a) a new definition to be
 
21 appropriately inserted and to read as follows:
 
22      ""Kinship care" means the placement of a child with an adult
 
23 relative who provides care and maintenance to a related child
 

 
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 1 apart from the child's parents or guardians on a twenty-four hour
 
 2 basis."
 
 3      SECTION 3.  Section 846-10, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§846-10  Dissemination.  Criminal history record
 
 6 information may be disseminated to: 
 
 7      (1)  The governor in individual cases or situations wherein
 
 8           the governor elects to become actively involved in the
 
 9           investigation of criminal activity or the
 
10           administration of criminal justice in accordance with
 
11           the governor's constitutional duty to insure that the
 
12           laws be faithfully executed; 
 
13      (2)  The attorney general in connection with the attorney
 
14           general's statutory authority and duties in the
 
15           administration and enforcement of the criminal laws and
 
16           for the purpose of administering and insuring
 
17           compliance with the provisions of this chapter;
 
18      (3)  The department of human services for purposes of
 
19           section 346-   ; and 
 
20     [(3)] (4)  To such other individuals and agencies who are
 
21           provided for in this chapter or by rule or regulation."
 
22      SECTION 4.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

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