Report Title:

Foster Youth; Education Board Allowance; Appropriation

 

Description:

Allows a former foster youth to be eligible for higher education board allowance until the age of twenty-one and for a period of five and one-half years.  Makes an appropriation for this purpose.

 

THE SENATE

S.B. NO.

2246

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HIGHER EDUCATION BOARD ALLOWANCE FOR FORMER FOSTER YOUTH.

 

 

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

 

     SECTION 1.  Section 346-16, Hawaii Revised Statutes, is amended by amending the definition of "former foster youth" to read as follows:

     ""Former foster youth" means a person formerly placed under the jurisdiction of the department as a foster child by the family court pursuant to chapter 587 who has attained the age of eighteen[.] while under the placement responsibility of the department or who was under the placement responsibility of the department when a legally responsible caregiver was granted custody."

     SECTION 2.  Section 346-17.4, Hawaii Revised Statutes, is amended to read as follows:

     "§346-17.4  Higher education board allowances for students.  (a)  Eligible former foster youths shall be eligible for higher education board allowances prior to or after reaching the age of majority and the higher education board [payments] allowance for that former foster youth shall be paid to an accredited institution of higher learning, another intermediary contracted by the department, the former foster youth, or to the former foster youth's former foster parents[,] or legal custodian, as appropriate; provided that:

     (1)  The former foster youth is twenty-one years old or younger; and

     (2)  [Within one school year after high school completion, the former foster youth is attending or has been accepted to attend an accredited institution of higher learning on a full-time basis, or on a part-time basis for the first academic year, if approved by the director upon such terms and conditions as the director deems appropriate.] The former foster youth has made an application for the higher education board allowance through the age of twenty-one and is attending or has been accepted to attend an accredited institution of higher learning; provided that a former foster youth who is between the ages of twenty-two years and twenty-six years on July 1, 2008, and is either attending or has been accepted to attend an accredited institution of higher education, may apply for a higher education board allowance after July 1, 2008, and no later than June 30, 2009.

     (b)  The higher education board allowance may be issued while the former foster youth is attending an accredited institution of higher learning on a full-time basis or on a part-time basis, in accordance with rules adopted by the department.

     [(b)] (c)  Reimbursement to foster parents for the former foster youth's higher education board cost up to the maximum allowable board amount shall be made retroactive to the former foster youth's entry into an accredited institution of higher learning on a full-time basis, but no earlier than July 1, 1987, or on a part-time basis for the first academic year, but no earlier than July 1, 1999.

     [(c)] (d)  Higher education board allowances may be applied by the former foster youth to costs incurred in undertaking full-time studies or part-time studies [for the first academic year, if approved by the director upon such terms and conditions as the director deems appropriate,] at an accredited institution of higher learning[.], in accordance with rules adopted by the department.

     (e)  The duration of the total higher education board allowance shall not exceed sixty-six months following entry into an accredited institution of higher learning under subsection (a)(2).

     [(d)] (f)  The department's standards relating to income resources of foster children shall be applicable to this section."

     SECTION 3.  There is appropriated out of temporary assistance for needy families funds the sum of $           or so much thereof as may be necessary for fiscal year 2008-2009 to provide a higher education board allowance for eligible former foster youth as defined in this Act.

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

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for the fiscal year 2008-2009 to provide a higher education board allowance for eligible former foster youth as defined in this Act.

     The sum appropriated shall be expended by the department of human services from the temporary assistance for needy families funds for the purposes of this Act; provided that, prior to expending any moneys appropriated in this section, the department of human services shall first attempt to obtain federal approval to utilize the moneys appropriated in section 3 for the purposes of this Act.  If the federal government denies, in writing, department of human services request to utilize temporary assistance for needy families funds for the purposes of this Act, then the moneys appropriated in this section may be expended.  If the federal government approves, in writing, the use of temporary assistance for needy families funds for the purposes of this Act, then the moneys appropriated in this section shall immediately lapse to the credit of the general fund.

     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, 2008.

 

INTRODUCED BY:

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