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THE SENATE |
S.B. NO. |
2853 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DEVELOPMENTAL DISABILITIES ADULT FOSTER HOMES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 321-11.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department
of health is authorized to certify adult foster homes for individuals with developmental
[disabilities] or intellectual disabilities requiring such care beyond the
individual's eighteenth birthday. "Adult foster home" means a
private family home providing care on a twenty-four hour basis [for]
to adults with developmental or intellectual disabilities. To be certified,
an adult foster home shall [have]:
(1) House not more than two adults with
developmental or intellectual disabilities at the same time[, who are
unrelated to the foster family.]; and
(2) Not have a certified caregiver be:
(A) A legal guardian of the foster adult;
(B) A trustee of the foster adult; or
(C) Related to the foster adult.
For the purposes of this subparagraph, "related" means related by blood, related by marriage, or have a legal relationship between the certified caregiver and the foster adult.
The director of health
may waive the two-adult limit for certification of that home as an adult
foster home; provided that the number of adults with developmental or intellectual
disabilities in the certified home shall not exceed three adults with
developmental or intellectual disabilities. To accommodate residents of a foster
boarding home for children with developmental or intellectual disabilities who reach
the age of eighteen years, where the home is defined as a foster boarding
home under section 346-16 and certified as a foster boarding home for children
under section 346-17, the director of health may waive the two-adult limit
for certification of that home as an adult foster home[,]; provided
that: (1) the total number of foster children with developmental or
intellectual disabilities and adults with developmental or intellectual disabilities
in such a dually certified home shall not exceed [five,] three;
and (2) no new adults and children may be admitted into the home [while
there are any foster children residing in the home]. An existing adult foster
home shall not have dual certification when the certification of the adult foster
home precedes dual certification.
This subsection shall not affect the validity of the certification of any adult foster home that is defined as a foster boarding home under section 346-16, certified as a foster boarding home for children under section 346-17, and in existence as of the effective date of this Act."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2050.
Report Title:
Developmental Disabilities Foster Homes
Description:
Prohibits legal guardians, trustees, and relatives from continuing to care for individuals with intellectual or developmental disabilities in a certified foster home. Defines "related" as related by blood or marriage or having a legal relationship between a certified caregiver and a foster adult. Permits minors with intellectual or developmental disabilities to age in place under certain conditions. Clarifies that certified adult foster homes dually certified as foster boarding homes shall not exceed a total of three individuals with intellectual or developmental disabilities. Does not impact the validity of certification of adult foster homes that are dually certified as foster boarding homes and in existence as of the effective date of this Act. Takes effect on 1/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.