REPORT TITLE: 
Kinship care


DESCRIPTION:
Establishes kinship care by providing guidelines under which a
person may become a kinship provider.  (SB2850 HD2)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2850
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 2
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO KINSHIP CARE.



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

 1      SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�346-    Kinship care.  (a)  The department shall adopt
 
 5 rules relating to kinship care including definitions, placement
 
 6 standards, eligibility requirements, and the legal rights and
 
 7 responsibilities of the affected parties.
 
 8      (b)  These placement standards and eligibility requirements
 
 9 shall be apart from other foster care placement standards and
 
10 eligibility requirements.
 
11      (c)  The eligibility requirements shall include but shall
 
12 not be limited to criminal history record checks.
 
13      (d)  A person who desires to provide kinship care shall:
 
14      (1)  Submit signed statements under penalty of false
 
15           swearing in official matters, indicating whether the
 
16           person who desires to provide kinship care was ever
 
17           convicted of a crime other than a minor traffic
 
18           violation involving a fine of $50 or less;
 

 
Page 2                                                     2850
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        

 
 1      (2)  Provide consent to the department to conduct a criminal
 
 2           history record check and to obtain criminal history
 
 3           record information for verification; and
 
 4      (3)  Be fingerprinted for the purpose of complying with the
 
 5           criminal history record check.
 
 6      (e)  The department shall obtain criminal history record
 
 7 information through the Hawaii criminal justice data center on
 
 8 all persons who desire to provide kinship care.  The Hawaii
 
 9 criminal justice data center may assess a reasonable fee for the
 
10 criminal history record check conducted.  The information
 
11 obtained shall be used exclusively for the stated purpose for
 
12 which it was obtained, and shall be subject to applicable federal
 
13 laws and regulations.
 
14      (f)  The department may deny the request to provide kinship
 
15 care if the person who desires to provide kinship care was
 
16 convicted of a crime other than a minor traffic violation
 
17 involving a fine of $50 or less and if the department finds that
 
18 the criminal history record of the person who desires to provide
 
19 kinship care poses a risk to the health, safety, or well-being of
 
20 the child or children in care."
 
21      SECTION 2.  Section 346-16, Hawaii Revised Statutes, is
 
22 amended by adding a new definition to be appropriately inserted
 
23 and to read as follows:
 

 
Page 3                                                     2850
                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        

 
 1      ""Kinship care" means the placement with an adult relative
 
 2 who provides care and maintenance to a related child apart from
 
 3 the child's parents or guardians on a twenty-four-hour basis."
 
 4      SECTION 3.  New statutory material is underscored.
 
 5      SECTION 4.  This Act shall take effect on ____________.