REPORT Title:

Foster Children; Mandatory Independent Living Programs

 

Description:

Requires the permanent plan of certain foster children fourteen years-of-age and older to include an appropriate independent living program.  (SB1163 HD2)

 

THE SENATE

S.B. NO.

1163

TWENTY-FOURTH LEGISLATURE, 2007

S.D. 2

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FOSTER CHILDREN'S TRANSITION TO ADULTHOOD.

 

 

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

 

     SECTION 1.  The legislature finds that former foster youth are at greater risk than the general population of becoming homeless or suffering other deprivations as adults.  Independent living skills are essential to enable children to become productive and safe adults.

     The purpose of this Act is to ensure that foster youth are provided, beginning at age fourteen, with appropriate opportunities to learn basic life skills that will be needed when they become adults.

     SECTION 2.  Chapter 587, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§587-      Independent living.  (a)  The permanent plan of all foster youth who are in permanent custody or foster custody at age fourteen shall include an age appropriate independent living program.

     (b)  The independent living program shall teach basic skills necessary to transition to adulthood.  The program shall include training and providing information on:

     (1)  Community services available to transitioning youth and adults;

     (2)  Money management;

     (3)  The job application process;

     (4)  Access to higher education or alternative primary education;

     (5)  The student loans and scholarship application process;

     (6)  Access to the welfare system;

     (7)  Access to public and private medical care and mental health systems;

     (8)  Obtaining public and private housing; and

     (9)  Other important life skills.

     §587-      Child's presence at hearings.  (a)  A child who has reached the age of fourteen may attend all permanent plan review hearings unless the court, after consulting with the child in camera, finds that it is in the best interests of the child to not attend.

     (b)  A child under the age of fourteen, at the discretion of the court after consulting with the child in camera, may attend all permanent plan review hearings.

     (c)  The department shall arrange for a child's transportation to court for the purposes of this section."

     SECTION 3.  Section 587-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Permanent plan [is] shall be a specific written plan, prepared by an appropriate authorized agency[, which should] that shall set forth:

     (1)  A position as to whether the court should order [an] adoption, guardianship, or permanent custody of the child and specify:

         (A)  A reasonable period of time during which the adoption or guardianship may be finalized; provided that the identity of the proposed adoptive parent or parents shall be provided to the court in a separate report [which] that shall be sealed and shall not be released to the parties unless the court deems [such] release to be in the best interests of the child;

         (B)  If adoption is not the plan, a clear and convincing explanation why guardianship is preferable to adoption; or

         (C)  If neither adoption [or] nor guardianship is [not] the plan, a clear and convincing explanation why permanent custody is preferable to guardianship;

     (2)  [A specific written plan including:

          (A)] The goal, as being[:] either adoption, guardianship, or permanent custody;

          [(B)] (3)  The objectives concerning the child, including[, but not limited to,] stable placement, education, health, therapy, counseling, birth family [(], including visitation, if any[)], culture, [and] adoption, and guardianship[, or preparation for independent living]; [and

          (C)] (4)  The method or methods for achieving the goal and objectives set forth in [subparagraphs (A) and (B);] paragraphs (2) and (3);

    [(3)] (5)  All supporting exhibits and written consents or an explanation [as to] why the exhibits or consents are not available.  Upon good cause shown, the court may waive submission of any supporting exhibit or written consent; [and]

     (6)  For all children over fourteen years of age, a description of the steps taken to prepare the child for transition to adulthood, including steps taken to refer and enroll the child in an independent living program, and any other referrals made.  If the child is not enrolled in an independent living program, an explanation shall be provided, including steps that the department will take to ensure the child will participate in an independent living program; and

    [(4)] (7)  Any other information or materials [which] that are necessary to the expeditious facilitation of the permanent plan."

     SECTION 4.  Section 587-51.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§587‑51.5[]]  Notice of hearings.  (a)  Notice of all hearings shall be served upon the parties and upon the parents.  Notice of hearings shall be served by the department upon the parties no less than forty-eight hours before the scheduled hearing.  No hearing shall be held until the parties are served.

     (b)  Notice of all hearings subsequent to the section 587‑71 disposition hearing shall be served upon the current foster parent or parents, each of whom shall be entitled to participate in the proceedings as a party.  Notice of hearings shall be served by the department upon the current foster parent or parents no less than forty-eight hours before the scheduled hearing, subject to a shortening of time when a hearing is set within a shorter time frame.  No hearing shall be held until the current foster parent or parents are served.  For purposes of this subsection, notice to foster parents may be effected by hand delivery, regular mail, or by facsimile or electronic mail if receipt may be confirmed, and may consist of the last court order, if it includes the date and time of the hearing.

     (c)  Notice of all hearings under section 587-73 held subsequent to a permanent plan hearing shall be served upon a child who has reached the age of fourteen and the child's legal custodian.  Notice of hearings shall be served by the department upon the child and the child's legal custodian no less than forty-eight hours before the scheduled hearing, unless the hearing is set within a shorter time frame.  No hearing shall be held until the child and the child's legal custodian have been served.  For purposes of this subsection, notice may be effected by hand delivery, regular mail, facsimile, or electronic mail, if receipt may be confirmed.  The notice may consist of the last court order, if it includes the date and time of the hearing.

     [(c)](d)  For purposes of this section, "party" or "parties" shall include the current foster parents."

     SECTION 5.  There is appropriated or authorized from temporary assistance for needy families funds the sum of $          , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, to the department of human services for the independent living program.

     The sums appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2007.