STATE OF HAWAIl
DEPARTMENT OF HUMAN SERVICES
SOCIAL SERVICES DIVISION
NOTICE OF PUBLIC HEARING
Pursuant to sections 91-3 and 92-41, Hawaii Revised Statutes, notice is hereby given that the Department of Human Services will hold a public hearing to consider the proposed new rules for the Social Services Division, Child Welfare Services Branch, for the purpose of conforming to federal and state statutes. Brief descriptions of the proposed rules are listed below:
CHAPTER 17-1617, FOSTER CARE MAINTENANCE PAYMENT AND RELATED PAYMENTS:
This chapter is being adopted under a new subtitle 11 of title 17, Hawaii Administrative Rules, entitled Child Welfare Services Programs, together with all child welfare services rules for the Social Services Division, Child Welfare Services Branch. The chapter establishes the administrative provisions for foster care maintenance and related payments and is based substantially on chapters 17-807 and 17-828, parts of 17-833, 17-834, and 17-943.1, which are being repealed. Revisions include, but are not limited to the following:
A listing of the new sections follows:
§ 17-1617-1, Goals. The goal specifies that the department shall provide services to ensure a child’s safety, permanency and well-being.
§ 17-1617-2, Definitions. This section contains new or revised definitions for adoptive home, aid to families with dependent children (AFDC) program, constructive removal, difficulty of care payments, emergency shelter home, foster care or out-of-home care, foster care related payments, foster child, placement responsibility, respite care payments, and voluntary placement. The term “date of original placement” was changed to “initial date of entry into out-of-home care.”
§ 17-1617-3, Scope of service for foster care maintenance payments. This section details the types of placement settings for an eligible child where foster care maintenance payments can be made and the costs covered by the payments. This section also states that in addition to the foster care maintenance basic rate, the department shall provide difficulty of care payments based on an assessment of a child’s need for a higher level of care and supervision.
§ 17-1617-4, Scope of foster care related payments and respite care payments. This section describes foster care related payments including clothing, transportation costs, activity fees for eligible children, and respite care payments for foster parents.
§ 17-1617-5, Geographic areas of service. This section clarifies that foster care maintenance payments, foster care related payments, and respite care payments shall be available throughout the State for eligible children. A child’s placement out-of-state must be approved through the Interstate Compact on the Placement of Children (ICPC) to be eligible for foster care maintenance payments and foster care related payments.
§ 17-1617-6, Confidentiality. This section specifies that the provisions of chapter 17-1601 shall apply to families and children receiving services under this chapter.
§ 17-1617-7, Application for foster care maintenance payments, foster care related payments, and respite care payments. This section states that applications are not required for foster care maintenance payments, foster care related payments, or respite care payments to the foster parents for children for whom the department has placement responsibility. Written applications are required for foster care maintenance payments for independent placements and for children who are placed while under the supervision of the family court or other state agencies.
§ 17-1617-8, Disposition of application. This section specifies that the disposition of required applications shall be in accordance with chapter 17-804-5.
§ 17-1617-9, Time limits for application disposition. This section specifies that the provisions of section 17-804-6 shall apply to required applications.
§ 17-1617-10, Notice to the applicant of application disposition. This section specifies that the provisions of section 17-804-8 shall apply to required applications.
§ 17-1617-11, Eligibility requirements for foster care maintenance payments. This section specifies general eligibility criteria and eligibility criteria specific to federally funded and state funded foster care maintenance payments. It also specifies the eligibility criteria for independent placements and for children under the supervision of the family court or other state agencies. Children not under the placement responsibility of the department who are released for adoption or in the process of being freed for adoption are no longer eligible for foster care maintenance payments.
§ 17-1617-12, Eligibility requirements for foster care related payments and respite care payments. This new section specifies the eligibility requirements for foster care related payments and respite care payments.
§ 17-1617-13, Authorization for foster care maintenance payments, foster care related payments, and respite care payments. This section states that the department shall authorize foster care maintenance payments, foster care related payments, and respite care payments in accordance with departmental procedures. The payment rates for basic board, difficulty of care levels, and emergency shelters are stated. Out-of-state foster care maintenance payments will be at Hawaii’s rate unless the receiving state’s rate is higher.
§ 17-1617-14, Continued eligibility requirements for federally funded foster care maintenance payments. This section requires that the child’s situation be reviewed within six months of the initial determination of eligibility and at intervals not greater than every six months thereafter. The eligibility criteria continue to include income and deprivation, and periodic reviews.
§ 17-1617-15, Re-determination of difficulty of care level. This section specifies that the department shall re-determine a foster child’s difficulty of care level in accordance with departmental procedures at least every twelve months or when the child’s circumstances change.
§ 17-1617-16, Family responsibility for payment. This section states that the legally responsible parents shall be required to contribute towards the cost of the child’s foster care maintenance payments in accordance with financial ability. Further, any changes in the legally responsible parents’ financial situation that affects child support contributions must be reported to the department and the Child Support Enforcement Agency within thirty days.
§ 17-1617-17, Income to be considered. This section specifies that unearned income resources of the child shall apply as reimbursement towards the foster care maintenance payments. Earned income of the child shall not apply.
§ 17-1617-18, Advance notice of action to terminate, suspend, or reduce foster care maintenance payments. This section specifies that the provisions of chapter 17-912-42 shall apply to services and payments that were authorized subsequent to an application and eligibility determination process.
§ 17-1617-19, Right to a hearing. This section specifies that the provisions of chapter 17-602.1 shall apply.
§ 17-1617-20, Overpayments and recoupment. This section specifies that the provisions of chapter 17-912-43 shall apply.
§ 17-1617-21, Termination of foster care maintenance payments, foster care related payments, and respite care payments. This section specifies the circumstances under which foster care maintenance payments, foster care related payments, and respite care payments shall be terminated.
§ 17-1617-22, Departmental review of foster care maintenance payment rate. This section is added to meet the Title IV-E state plan requirement. It states that the department shall review at five-year periods the established rate of foster care
maintenance payments to assure its appropriateness.
§ 17-1617-23, Independent audit. This section is added to meet the Title IV-E state plan requirement. It states that the department shall arrange for a periodic and independent audit, no less frequently than once every three years, of the Title IV-E program.
§ 17-1617-24, Exceptions. This section clarifies that exceptions to the provisions of this chapter shall be made at the discretion of the department.
CHAPTER 17-1625, LICENSING OF FOSTER FAMILY BOARDING HOMES FOR CHILDREN:
This chapter is being adopted under a new subtitle 11 of title 17, Hawaii Administrative Rules, entitled Child Welfare Services Programs, together with all child welfare services rules for the Social Services Division, Child Welfare Services Branch. The chapter establishes the administrative provisions for the approval of foster family boarding homes and is based substantially on chapter 17-890, which is being repealed. Revisions include, but are not limited to the following:
§ 17-1625-1, Definitions. This section adds the following definitions: child specific home, criminal history record check, employee, foster care, foster parent training, and household member; changes the definitions for foster child, foster family boarding home, independent foster home, independent placement and provisional certificate of approval; and deletes the definitions for boarding houses, new hire, rehire, and rooming house.
§ 17-1625-8, Study process. This section specifies a 90-day deadline for the disposition of an application, after all the required clearances have been received by the department or agency.
§ 17-1625-9, Issuance of certificate of approval. This section reflects changes to the timelines for a provisional certificate of approval for a special licensed home from 6 months to 60 days.
§ 17-1625-10, Renewal. This section changes the timelines for the criminal history checks for homes licensed for two years.
§ 17-1625-11, Reporting changes. This section specifies that the foster parents shall inform the department or agency of any changes in their situation, which could affect their care of the foster children.
§ 17-1625-13, Revocation and suspension. This section allows for the revocation of the certificate of approval, separate from the suspension process.
§ 17-1625-16, Personal qualifications required. This section requires training of foster parents in accordance with HRS §346-17, provides more clarity and specificity on the personal qualifications required of applicants, and incorporates federal requirements
for criminal history record checks.
§ 17-1625-21, Number of children in the home. This section allows for the placement of more than five children in a foster home when they are siblings, and also limits the total number of foster children and childcare children to the maximum allowed
under foster care.
§17-1625-22, Housing and sanitation requirements. This section modifies some of the requirements of the home such as removing the space dimensions of the bedroom, and requiring adequate fire escape exits, a fire evacuation plan and smoke detectors, and requirements for disabled individuals.
§ 17-1625-26, Review of licensing requirements. This new section requires that the state review the licensing or approval standards for child care institutions and foster family homes at reasonable, specific, time-limited periods.
§ 17-1625-30, Record. This section clarifies what kinds of records the foster parents must keep on the children.
§ 17-1625-37, Health. This section clarifies the health requirements for a child in foster care, including the need for an initial comprehensive health examination. This section also requires that foster parents who smoke not expose children to the harmful effects of cigarette smoke.
§ 17-1625-42, Discipline and guidance. This section provides more clarity on discipline and guidance of foster children.
A public hearing will be held at the following date, time, and place:
December 26, 2008
11:30 a.m. – 1:30 p.m.
Liliuokalani Building
1390 Miller Street, Conference Rooms 1 & 2
Honolulu, Hawaii 96813
All interested persons are invited to attend the hearing and to state their views relative to the proposed rules either orally or in writing. Should written testimony be presented, five copies shall be made available to the presiding officer at the public hearing or within seven days before the hearing to:
Department of Human Services
Social Services Division
Child Welfare Services Branch
810 Richards Street, Suite 400
Honolulu, Hawaii 96813
Residents of Hawaii, Kauai, and Maui Counties who wish to present oral testimonies may also contact the Social Services Division (SSD), Child Welfare Services Branch (CWSB) office on the respective islands within seven days before the Oahu
hearing date to have their testimony recorded:
SSD-CWSB Section Administrator
East Hawaii Section
Hilo State Office Building
75 Aupuni Street, Room 112
Hilo, Hawai’i 96720 (phone 933-0688)
SSD-CWSB Section Administrator
West Hawaii Section
73-4257 Hulikoa Drive #C
Kailua Kona, Hawaii 96740 (phone 327-9553)
SSD-CWSB Section Administrator
Kauai Section
State Office Building
3060 Eiwa Street, Room 104
Lihue, Hawaii 96766 (phone 274-3300)
SSD-CWSB Section Administrator
Maui Section (for islands of Maui, Molokai, and Lanai)
1955 Main Street, #300
Wailuku, Hawaii 96793 (phone 243-5258)
A copy of the proposed rules will be mailed at NO COST to any interested person who requests a copy by writing to:
Department of Human Services
Social Services Division
Child Welfare Services Branch
810 Richards Street, Suite 400
Honolulu, Hawaii 96813
OR by calling 586-5690. Neighbor island residents may request a copy of the proposed rules at NO COST by contacting the Social Services Division, Child Welfare Services Branch office during regular business days and hours. The proposed rules may also be accessed via the Internet at swat.state.hi.us/vrc.htm.
Special accommodations (i.e. sign language interpreter, large print, taped materials, or accessible parking) can be provided, if requested at least five (5) working days before the scheduled public hearing on Oahu by calling 586-5690; on neighbor islands by contacting the Social Services Division, Child Welfare Services Section Administration Office on the respective islands.
DEPARTMENT OF HUMAN SERVICES
(SB85092 11/25/08) LILLIAN B. KOLLER, DIRECTOR
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