REPORT TITLE:
Foster Boarding Homes


DESCRIPTION:
Clarifies definition of "foster boarding homes"; requires
criminal history record checks for first two years of
certification and annually and biennially thereafter depending on
the certification status of the home.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1048
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FOSTER BOARDING HOMES.



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

 1      SECTION 1.  Section 346-16, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  As used in this chapter:
 
 4      "Child caring institution" means any institution other than
 
 5 an institution of the State, maintained for the purpose of
 
 6 receiving six or more minor children for care and maintenance,
 
 7 not of common parents, apart from their parents or guardians on a
 
 8 twenty-four hour basis for monetary payment.  This term shall not
 
 9 apply to any boarding school which is essentially and primarily
 
10 engaged in educational work.
 
11      "Child placing organization" means any person, agency, or
 
12 organization, except family courts and the department of human
 
13 services, engaged in the investigation, placement, and
 
14 supervision of children in foster care.
 
15      "Criminal history record check" means an examination of an
 
16 individual's criminal history record through:
 
17      (1)  An initial fingerprint analysis and name inquiry into
 
18           state and national criminal history record files;
 
19      (2)  Subsequent fingerprint analyses for new hires and
 

 
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 1           rehires; and
 
 2      (3)  An annual name inquiry into the state criminal history
 
 3           record files.
 
 4      "Foster boarding home" means any boarding home in which one
 
 5 or more, but fewer than six, minor children are received for care
 
 6 and maintenance apart from their parents or guardians on a
 
 7 twenty-four hour basis for fee or charge[.], or any boarding home
 
 8 in which six or more minor siblings are placed together for care
 
 9 and maintenance, apart from their parents or guardians, on a
 
10 twenty-four-hour basis for fee or charge.
 
11      "Institution of higher education" means any institution
 
12 normally requiring a high school diploma or equivalency
 
13 certificate for enrollment, including but not limited to
 
14 colleges, universities, and vocational or technical schools."
 
15      SECTION 2.  Section 346-19.6, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]346-19.6[]]  Criminal history record checks.  The
 
18 department shall develop standards to assure the reputable and
 
19 responsible character of operators and employees of child caring
 
20 institutions, child placing organizations and foster boarding
 
21 homes as defined in this chapter which shall include but not be
 
22 limited to criminal history record checks.
 
23      An applicant for a certificate of approval shall submit
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1 statements signed under penalty of perjury by the operators,
 
 2 employees and new employees of the facility, indicating whether
 
 3 the operators, employees or new employees were ever convicted of
 
 4 a crime other than a minor traffic violation involving a fine of
 
 5 fifty dollars or less and providing consent to the department to
 
 6 conduct a criminal history record check and to obtain other
 
 7 criminal history record information for verification.  The
 
 8 operators and employees of the facility shall be fingerprinted
 
 9 for the purpose of complying with the criminal history record
 
10 check.  New employees of the facility shall be fingerprinted
 
11 within five working days of employment for the purpose of
 
12 complying with the criminal history record check.
 
13      The department shall obtain criminal history record
 
14 information through the Hawaii criminal justice data center on
 
15 all operators, employees, and new employees of child care
 
16 facilities subject to licensure pursuant to this section.  The
 
17 Hawaii criminal justice data center may assess the operators,
 
18 employees or new employees a reasonable fee for each criminal
 
19 history record check conducted.  The information obtained shall
 
20 be used exclusively for the stated purpose for which it was
 
21 obtained, and shall be subject to such federal laws and [federal]
 
22 regulations as may be now or hereafter adopted.
 
23      The department may deny a certificate of approval if an
 

 
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 1 operator, employee, or new employee of the facility was convicted
 
 2 of a crime other than a minor traffic violation involving a fine
 
 3 of fifty dollars or less and if the department finds that the
 
 4 criminal history record of an operator, employee, or new employee
 
 5 poses a risk to the health, safety or well-being of the children
 
 6 in care.
 
 7      The department shall make a name inquiry into the criminal
 
 8 history records for the first two years of certification of a
 
 9 foster boarding home and annually or biennially thereafter
 
10 depending on the certification status of the home."
 
11      SECTION 3.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 4.  This Act shall take effect on July 1, 1999.