STAND. COM. REP. NO. 2637

Honolulu, Hawaii

RE:    S.B. No. 2853

       S.D. 2

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.B. No. 2853, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DEVELOPMENTAL DISABILITIES ADULT FOSTER HOMES,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify the conditions for certification as an adult foster home by specifically prohibiting relationships between caregivers and foster adults by blood, marriage, legal guardianship, or other legal relationship.

     This measure also modifies the conditions under which a certified foster boarding home for children may also become a certified adult foster home, to allow foster children to age in place, and prohibits a certified adult foster home from becoming dually certified as a certified foster boarding home.

     Your Committee received written comments in support of the measure from the State Council on Developmental Disabilities.  The Hawaii Disability Rights Center submitted written comments in opposition to the measure.

     Your Committee finds that this measure clarifies the conditions for certification of adult foster homes for individuals with developmental or intellectual disabilities.

     Your Committee notes its concern that this measure will prohibit relatives from becoming certified as certified adult foster caregivers for family members with developmental or intellectual disabilities.  Your Committee urges that serious consideration be given to permitting family members to become certified adult foster caregivers, by identifying an alternative certification method that ensures family members with developmental disabilities have access to an advocate who can protect the family member's right of self-determination.

     Your Committee has amended this measure by:

(1)  Transferring the amendment made to the law relating to the prohibition against a certified adult foster home also becoming a certified foster board home from the chapter governing the Department of Health to the chapter governing the Department of Human Services; and

(2)  Making technical nonsubstantive amendments for the purposes of clarity, style, and consistency.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2853, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2853, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair