Report Title:
Elder Housing; Relative Caregivers
Description:
Adds definition of "relative caregiver" and amends the definition of "elder or elderly households" to include minor children for whom a grandparent or other relative is the primary caretaker. Amends the definition of "elder" or "elderly" to be a person who is age fifty-five or older. (SD1)
THE SENATE |
S.B. NO. |
2163 |
TWENTY-THIRD LEGISLATURE, 2006 |
S.D. 1 |
|
STATE OF HAWAII |
||
|
A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. According to the most recent census data, grandparents and other relatives are raising more than six million children in the United States. The United States Census Bureau reports that more than two million grandparents are raising 4.5 million children in the United States, and other relatives are raising an additional 1.5 million children. In Hawaii, more than fourteen thousand grandparents are the primary caregivers for their grandchildren.
Families in Hawaii headed by grandparents and other elderly relatives who need assistance with affordable housing are faced with age restrictions on residents living in elder housing facilities.
The purpose of this Act is to extend eligibility for elder or elderly housing to a member of an elder household who is the primary caregiver for a minor child to whom the caregiver is related by blood or marriage.
SECTION 2. Section 201G-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Relative caregiver" means a relative of a minor child by blood or marriage, who is a resident of the State and:
(1) Lives with the child; and
(2) Is the child's primary caregiver, whether formally or informally, because the biological or adoptive parents are unwilling or unable to serve as the primary caregiver for the child."
SECTION 3. Section 201G-1, Hawaii Revised Statutes, is amended by amending two definitions to read as follows:
""Elder" or "elderly" means a person who is a resident of the State and has attained the age of [sixty-two] fifty-five years.
"Elder or elderly households" means households in which at least one member is [sixty-two] fifty-five years of age, the spouse or partner has attained the age of majority, and the remaining members have attained the age of fifty-five years at the time of application to the public housing project[.]; provided that it also may include households in which an elder is the relative caregiver for one or more minor children. Such a child shall cease to be a resident of the household upon attaining the age of majority, or upon the removal from the project of the elder. A live-in aide shall cease to be a resident therein upon the recovery of, or removal from the project of, the elder."
SECTION 4. If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the agencies concerned. The rules under this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2006.