Report Title:

Human Services; Community Care Foster Family Home; Private Pay Clients

Description:

Requires the department of human services to allow two private pay clients to live together in a community care foster family home if two private pay clients share a relationship to be defined by the department.  (SD1)

THE SENATE	S.B. NO.	190
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COMMUNITY CARE FOSTER FAMILY HOME.

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

     SECTION 1.  Notwithstanding the definition of "community care foster family home" under section 346-331, Hawaii Revised Statutes, the department of human services shall allow two private pay clients to be cared for in the same community care foster family home, provided:

     (1)  The department of human services shall define the relationship between two private pay clients the department shall require for two private pay clients to be cared for in the same community care foster family home; and

     (2)  The department of human services' definition of the relationship shall not be in violation of the equal protection clauses of the Constitution of the United States and the Hawaii Constitution.

     SECTION 2.  The department of human services shall adopt interim rules exempt from the requirements of chapter 91, Hawaii Revised Statutes, to carry out the purposes of this Act; provided that the interim rules shall be adopted no later than one month after the effective date of this Act, and shall be replaced by permanent rules adopted pursuant to chapter 91, Hawaii Revised Statutes, no later than December 31, 2010.

     SECTION 3.  It is the intent of this Act not to jeopardize the receipt of any federal aid.  If 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, this Act shall be deemed null and void.

     SECTION 4.  This Act shall take effect upon approval.