reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-1 - Goals

Current through June, 2024
The department shall provide services to the child who has
				  been the subject of a report of abuse, neglect, or threatened harm and to the
				  child's family to ensure the child's:
(1) Safety;
(2) Permanency; and
(3) well-being.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-3 - Scope of service for foster care maintenance payments

Current through June, 2024
(a)
				The basic functions performed by resource families include, but are not limited
				to, the provision of:
(1) Warmth, security,
				emotional nurturing;
(2)
				Intellectual stimulation;
(3)
				Training by example to develop social skills; and
(4) Encouragement to participate in family
				life.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-4 - Scope of foster care related payments and respite care payments

Current through June, 2024
(a) The department shall provide for the
				following foster care related payments for eligible children under the
				department's placement responsibility when the need has been established by the
				department and to the extent that funds are available:
(1) Clothing in accordance with departmental
				procedures when it is deemed:
(A) Necessary
				for initial placement;
(B)
				Necessary for maintenance; or
(C)
				Necessary for special circumstances or special events;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-5 - Geographic areas of service

Current through June, 2024
(a) Foster care
				maintenance payments, foster care related payments, and respite care payments
				shall be available for eligible children throughout the state subject to the
				availability of funds.
(b) Foster
				care maintenance payments and foster care related payments may be provided
				outside the state when the child and resource family meet the eligibility
				requirements specified in this chapter and placement is approved through the
				Interstate Compact on the Placement of Children.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-7 - Application for foster care maintenance payments, foster care related payments, and respite care payments

Current through June, 2024
(a) An application
				shall not be required for foster care maintenance payments, foster care related
				payments, and respite care payments for children who are placed by the
				department and for whom the department has placement responsibility.
(b) Applications for foster care maintenance
				payments shall be required for independent placements in a licensed resource
				family home until other suitable plans for the child's care can be
				made.
(c) Applications shall be
				made in writing on a form prescribed by the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-12 - Eligibility requirements for foster care related payments and respite care payments

Current through June, 2024
(a) To be eligible
				for all foster care related payments:
(1) The
				child shall be:
(A) Under the placement
				responsibility of the department, or under the department's placement
				responsibility when legal guardianship or permanent custody was awarded to
				another child-placing organization; and
(B) Placed with a licensed resource family
				home ;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-13 - Authorization for foster care maintenance payments, foster care related payments, and respite care payments

Current through June, 2024
(a) The department
				shall authorize foster care maintenance payments when the eligibility criteria
				set forth in this chapter are met and in accordance with departmental
				procedures when the eligible child is placed in a licensed resource family
				home.
(b) The department shall make
				foster care maintenance payments for the care of the eligible child when the
				eligibility criteria are met, and it is determined that the eligible child
				needs out-of-home care and is without sufficient income and resources to meet
				payment for care.
(c) The
				department shall make monthly foster care maintenance payments directly to the
				resource family home after the end of each month of service.
(d) For licensed resource family homes the
				amount of the monthly payment shall be based on the needs of the eligible child
				for supervision and care.
(e) The
				department shall review and may adjust the monthly foster care maintenance rate
				and the difficulty of care payment rate as needed, but not less frequently than
				every five years provided that:
(1) Effective
				July 1, 2008, the monthly foster care maintenance basic board rate shall be no
				less than $529.
(2) Effective July
				1, 2008, the maximum difficulty of care rate is $570 per month.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-14 - Continued eligibility requirements for federally funded foster care maintenance payments

Current through June, 2024
(a) Eligibility
				re-determination. A child's eligibility for federally funded foster care
				maintenance payments shall be redetermined within six months of the initial
				determination of eligibility and at intervals not greater than every six months
				thereafter.
(b) Income and
				deprivation.
(1) After the initial month of
				placement, only the child's income and assets shall be considered in
				determining the amount to be applied toward the federally funded foster care
				maintenance payment and in determining continuing eligibility for the payment.
				For a child to meet the continued eligibility requirements, the child's income
				and assets shall not exceed 185% of the AFDC standard of need as of July 16,
				1996.
(2) The provisions relating
				to income, assets, child support, and the budgeting process applicable to the
				AFDC program and specified in 45 C.F.R, Parts 233 and 302, shall apply to the
				federally funded foster care maintenance program.
(3) Parental deprivation shall continue to
				exist in the household from which the child was legally removed via judicial
				determination or via voluntary foster custody agreement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-15 - Re-determination of difficulty of care level

Current through June, 2024
(a) The department
				shall re-determine a child's difficulty of care level in accordance with
				departmental procedures:
(1) At least once
				every twelve months from the month eligibility for payment was initially
				determined; and
(2) When
				information is obtained regarding changes in the child's situation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-16 - Family responsibility for payment

Current through June, 2024
(a) The legally
				responsible parents shall be required to contribute towards the cost of the
				child's foster care maintenance payments in accordance with the financial
				ability of the parents.
(b) The
				department shall complete a referral to the child support enforcement agency
				for every child in out-of-home care for whom payments are being made by the
				department.
(c) The legally
				responsible parents shall report to the department and to the child support
				enforcement agency any changes in the financial situation which effect child
				support contributions within thirty days.
(d) Contributions from the legally
				responsible parents shall be made to the department as reimbursement towards
				the child's foster care maintenance payments.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-17 - Income to be considered

Current through June, 2024
(a) Unearned income
				resources of the child in foster care, such as social security benefits, trust
				fund accounts, and military personnel's or veterans' dependency benefits, shall
				be considered and shall apply as reimbursement towards the child's foster care
				maintenance payments, in accordance with departmental procedures.
(b) Earned income of the child shall not
				apply as reimbursement towards the child's foster care maintenance
				payments.
(c) A private fund
				account shall be set up by the department for a foster child if there are
				resources available in excess of the amount expended by the department for the
				cost of foster care maintenance payments.
(d) Payments for other needs of the foster
				child not provided for by the department may be made by withdrawal against the
				child's private fund account as authorized by the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-18 - Advance notice of action to terminate, suspend, or reduce foster care maintenance payments

Current through June, 2024
The provisions of chapter
				  17-912-49 shall apply to services
				  and payments provided under this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-21 - Termination of foster care maintenance payments, foster care related payments, and respite care payments

Current through June, 2024
(a) Foster care
				maintenance payments, foster care related payments, and respite care payments
				shall be terminated when:
(1) The child
				returns to the family home;
(2) The
				child no longer resides in a licensed resource family home;
(3) The child goes into an adoptive home and
				the agreement between the department and prospective adoptive parents is signed
				by the family and the department, unless due to extenuating circumstances the
				benefits are authorized to continue until the child is adopted;
(4) The child goes into a permanent home and
				legal guardianship or permanent custody is awarded to the individual
				caregivers;
(5) The child is
				emancipated, achieves independent living,' or is self-supporting;
(7) The child is admitted to a residential
				treatment facility or a medical facility for extended treatment;
(8) The child moves to another state which
				agrees to assume full responsibility for the child's supervision and
				support;
(9) The child has
				sufficient income or resources to meet the maintenance payment
				independently;
(10) The child no
				longer meets eligibility requirements of this chapter; or
(11) The child dies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-22 - Departmental review of foster care maintenance payment rate

Current through June, 2024
The department shall review at five-year periods the
				  established rate of foster care maintenance payments to assure its continued
				  appropriateness.
The amended
				  version of this Section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, June,
				  eff.6/8/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-23 - Administrative Costs Associated With Otherwise Title IV-E Eligible Children Not In Licensed Foster Care Settings and Candidates for Foster Care

Current through June, 2024
Expenditures by the department that would be considered
				  administrative expenditures for purposes of section
474(a)(3)
of the Social Security Act if made with
				  respect to a child who was residing in a resource family home or childcare
				  institution shall be so considered with respect to a child not residing in such
				  a home or institution.
(1) In the case
				of a child who has been removed in accordance with section 472(a) of the Social
				Security Act from the home of a relative specified in section 406(a) (as in
				effect on July 16, 1996), only for expenditures:
(A) With respect to a period of not more than
				the lesser of 12 months or the average length of time it takes for the State to
				license or approve a home as a resource home, in which the child is in the home
				of a relative and an application is pending for licensing or approval of the
				home as a resource family home; or
(B) With respect to a period of not more than
				1 calendar month when a child moves from a facility not eligible for payments
				under this part into a resource family home licensed or approved by the State;
				and
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-24 - Independent audit

Current through June, 2024
The department shall arrange for a periodic and
				  independently-conducted audit, no less frequently than once every three years,
				  of the Title IV-E program.
The amended
				  version of this Section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, June,
				  eff.6/8/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1617 - FOSTER CARE MAINTENANCE AND RELATED PAYMENTS › Section 17-1617-25 - Exceptions

Current through June, 2024
Exceptions to the provisions of this chapter shall be made
				  at the discretion of the department.
The amended
				  version of this Section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, June,
				  eff.6/8/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-1 - Purpose

Current through June, 2024
The purpose of this program is to provide financial
				  assistance under both the federally funded and state funded adoption assistance
				  programs, the latter within the limits of funds appropriated to the department,
				  in order to facilitate the adoption of children with special needs who might
				  otherwise remain in long-term foster care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-2 - Goals

Current through June, 2024
Adoption assistance shall be directed at meeting the
				  following departmental goals for children who have been determined by the
				  department to be children with special needs:
(1) Safety;
(2) Permanency; and
(3) Well being.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-4 - Scope of program

Current through June, 2024
(a) The department
				shall authorize adoption assistance and reimbursement of nonrecurring adoption
				expenses in accordance with departmental procedures, for State-only funded
				assistance, when the child and family meet the eligibility requirements
				specified in sections 17-1620-7 to 17-1620-11, as applicable;
(b) Adoption assistance shall include:
(1) A qualified adoption subsidy to enable
				the adoption of a child with special needs;
(2) Qualified medical care benefits under the
				state's Title XIX Medicaid program in the state where the children reside, for
				children who are eligible for federally funded adoption assistance;
(3) Qualified medical care benefits under the
				state's Medicaid program for children who are eligible for state funded
				adoption assistance, including children who cannot be placed with an adoptive
				parent without medical assistance due to special needs for medical, mental
				health, or rehabilitative care;
(4)
				Qualified social services under Title XX of the federal Social Security Act in
				accordance with the procedures of the state in which the child
				resides.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-5 - Geographic area of service

Current through June, 2024
Adoption assistance shall be available for eligible children
				  with special needs throughout the state. Adoption assistance agreements entered
				  into between the department or other relevant agencies and prospective adoptive
				  parent(s) who reside out of the state or who subsequently move out of the
				  state, will continue to remain in effect in accordance with the provisions of
				  the agreement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-6 - Application for adoption assistance and for reimbursement of nonrecurring adoption expenses

Current through June, 2024
(a) The provisions
				of sections 17-912-9 and 17-912-10 shall apply to this chapter.
(b) The department shall inform prospective
				adoptive parent(s) of children who are under the placement responsibility of
				the department of the availability of and eligibility criteria for adoption
				assistance and reimbursement of nonrecurring adoption expenses pursuant to this
				chapter.
(c) The department shall
				inform prospective adoptive parent(s) of children who are under the placement
				responsibility of the department of the availability of and eligibility
				criteria of the adoption tax credit.
(d) An application for adoption assistance
				and reimbursement for nonrecurring adoption expenses, shall be provided to each
				prospective adoptive parent(s) upon request.
(e) If the prospective adoptive parent(s)
				chooses to apply for adoption assistance or reimbursement for nonrecurring
				adoption expenses, the prospective adoptive parent(s) or a licensed child
				placing organization must submit a completed application to the
				department.
(f) An application for
				adoption assistance or reimbursement for nonrecurring adoption expenses must be
				submitted prior to finalization of the adoption.
(g) The department shall inform courts and
				private non-profit adoption agencies in the State of the availability of
				reimbursement for non-recurring adoption expenses.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-7 - Eligibility requirements for adoption assistance

Current through June, 2024
(a) There
				shall be no income eligibility requirement or means test for adoptive or
				prospective adoptive parent(s) in determining eligibility for adoption
				assistance.
(b) To be eligible for
				state funded adoption assistance, the following conditions shall be met:
(1) The child under eighteen years of age (or
				the age of 21 if the child has a mental or physical disability which would
				warrant continuation of assistance) shall have been determined by the state to
				be a child with special needs. A child with special needs is defined as
				follows:
(A) The child cannot return to the
				home of his or her parent(s) as evidenced by:
(i) An order from a court of competent
				jurisdiction which terminates parental rights; or
(ii) A petition to a court of competent
				jurisdiction for a permanent plan hearing for the purpose of terminating
				parental rights; or
(iii) A signed
				relinquishment by the parent(s).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-8 - Eligibility requirements for federally funded adoption assistance

Current through June, 2024
(a) To establish eligibility for federally
				funded (Title IV-E) adoption assistance for a child who is NOT an "applicable
				child"., the criteria of sections 17-1620-7(a) and (b) (1) through (5) shall be
				met and the following additional eligibility requirements shall be met prior to
				the finalization of the adoption:
(1) The
				child is eligible for AFDC (as was in effect July 16, 1996) pursuant to the
				following:
(A) For children whose adoptions
				were finalized on or after October 1, 2005, the child is AFDC eligible at the
				time of removal from the home of a specified relative; and
(B) The child shall have been removed from
				the home of a specified relative as a result of:
(i) A judicial order. There shall be a
				judicial determination that continuation in the home would be contrary to the
				welfare of the child. For children removed from the home prior to January 23,
				2001, this judicial determination shall have been made in any court order up to
				the time of the initiation of the adoption proceedings. For children removed
				from the home on or after January 23, 2001, this judicial determination shall
				have been made at the first court hearing sanctioning removal of the child;
				or
(ii) Relinquishment to the
				department or a licensed, private, nonprofit child-placing organization
				provided that a petition has been filed with the court to remove the child from
				his or her home within six months of the time the child lived with the
				specified relative and there is a subsequent judicial determination to the
				effect that remaining in the home would be contrary to the welfare of the
				child. The voluntary relinquishment must be signed by a parent(s) or a legal
				guardian(s) who is a specified relative to the child; or
(iii) A valid voluntary foster custody
				agreement signed by the child's legal custodian and the department which leads
				to a physical or constructive removal of the child, and there must have been a
				Title IV-E foster care maintenance payment paid on the child's behalf under the
				agreement. In addition, the child shall be under the care and custody of the
				department; and
(C) The
				child shall have been living with the specified relative from whom removed
				within six months prior to the month in which a voluntary foster custody
				agreement was entered into or court proceedings were initiated leading to the
				removal of the child from the home as a result of a determination that
				remaining in the home would be contrary to the welfare of the child;
				or
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-9 - Eligibility requirements for state funded adoption assistance

Current through June, 2024
If a child is determined to be ineligible for federally
				  funded adoption assistance, the child may receive state funded adoption
				  assistance when the criteria of section
				  17-1620-7 is met and the child, at
				  the time of initiation of adoption proceedings, was in the care and custody of
				  the department or a licensed child-placing organization to which the department
				  has transferred custody.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-10 - Eligibility requirements for reimbursement of nonrecurring adoption expenses

Current through June, 2024
(a) Nonrecurring
				adoption expenses shall be reimbursed if the child meets the eligibility
				requirements for adoption assistance as described in section
				17-1620-7(b)(1)(A)-(C), 7(b) (2)- (6) , and 17-1620-8(a) (5).
(b) The nonrecurring adoption expenses shall
				not have been or are not eligible to be reimbursed from other sources or
				funds.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-11 - Eligibility requirements for interjurisdictional adoptions

Current through June, 2024
(a) For inter-jurisdictional adoptions, if
				the department does not have responsibility for placement and care of the
				child, the adoptive parent(s) shall apply for adoption assistance in the
				adoptive parent(s) state of residence.
(b) For inter-jurisdictional adoptions where
				there is no signed agreement for adoption assistance, the state in which the
				final adoption decree is issued is responsible for reimbursement of
				nonrecurring adoption expenses if the child meets the eligibility requirements
				of that state.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-12 - Determination of adoption assistance subsidy and reimbursement of nonrecurring adoption expenses

Current through June, 2024
(a) The amount of
				the adoption assistance subsidy shall:
(1)
				Not exceed the amount the child would have received if the child had been in a
				resource family boarding home in accordance with chapter 17-1617;
(2) Be based upon the needs of the child and
				the circumstances of the adoptive family in meeting those needs; and
(3) Be determined by agreement between the
				prospective adoptive parent(s) and the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-13 - Method of payment

Current through June, 2024
(a) Payment of
				adoption subsidy shall be made to the adoptive parent(s) on a monthly basis
				following the month of care.
(b)
				Payment for nonrecurring adoption expenses shall be made upon receipt of an
				itemized bill or receipt for the allowable nonrecurring adoption expenses
				submitted to the department no later than two years after the date of the final
				decree of adoption.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-14 - Initiation of adoption assistance

Current through June, 2024
(a) Upon compliance
				with this chapter, adoption assistance shall be initiated no earlier than:
(1) The date of the signing of the adoption
				assistance agreement provided that all eligibility requirements are met;
				and
(2) The child's placement into
				an approved adoptive home in accordance with chapter 17-805.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-15 - Duration of adoption assistance

Current through June, 2024
Adoption assistance may continue only until the child
				  reaches either:
(1) The age of
				eighteen or, for State adoption assistance only, the end of the school year in
				which the child attains age twenty provided the child remains enrolled in high
				school in accordance with the rules of the department of education through the
				end of that school year; or
(2) The
				age of twenty-one years if an appropriately qualified professional, other than
				the placement worker, provides written verification that the child has a severe
				or chronic medical condition or physical, mental or emotional condition,
				behavioral disorder or other clinically diagnosed disability that warrants
				continued adoption assistance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-16 - Adoption assistance agreement

Current through June, 2024
The written adoption assistance agreement, binding on the
				  parties to the agreement, the department and the adoptive or prospective
				  adoptive parent(s), must:
(1) Be
				signed and in effect at the time of or prior to the final decree of adoption. A
				copy of the signed agreement must be given to each party; and
(2) Specify its duration; and
(3) Specify the nature and amount of any
				payment, services, and assistance to be provided under such agreement and, for
				purposes of eligibility under Title XIX and Title XX of the Social Security
				Act, specify that the child is eligible for Medicaid services and social
				services; and
(4) Specify with
				respect to agreements entered into on or after October 1, 1983, that the
				agreement shall remain in effect regardless of the state of which the adoptive
				parents are residents at any given time.
(5) Contain provisions for the protection of
				the interest of the child in case the adoptive parents and child should move to
				another state while the agreement is in effect.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-17 - Eligibility for adoption assistance outside the state

Current through June, 2024
(a)
				Adoption subsidy payments shall continue if the adoptive family and child move
				out of the state while the adoption assistance agreement is in
				effect.
(b) For children with state
				funded adoption assistance agreements in effect, the state shall continue to
				retain financial responsibility for medical care under Title XIX or the state
				medical program for children receiving state funded adoption
				assistance.
(c) Children with
				federally funded adoption assistance agreements in effect are eligible for
				medical care benefits under the Title XIX Medicaid program of the state in
				which they reside.
(d) The adoptive
				family may apply for services under Title XX of the Social Security Act in the
				new state of residence. Social services as provided under Title XX may be
				available to the child in accordance with the procedures of the state in which
				the child resides.
(e) The terms of
				the agreement shall remain in effect regardless of the state in which the
				adoptive family lives at any given time.
(f) For agreements entered into on or after
				October 1, 1983, if a needed service specified in the agreement is not offered
				by the new state of residence, the state making the original adoption
				assistance payment remains financially responsible for providing the specified
				service(s).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-19 - Advance notice of action to terminate or reduce benefit payments

Current through June, 2024
The provisions of section
				  17-912-49 shall apply to this
				  chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-20 - Overpayments and recoupment

Current through June, 2024
The provisions of section
				  17-912-43 shall apply to this
				  chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-21 - Reporting changes

Current through June, 2024
(a) The adoptive
				parent(s) shall inform the department within thirty days of circumstances which
				would make them ineligible for adoption assistance as specified in this
				chapter, or eligible for adoption subsidy in a different amount.
(b) Failure to report to the department
				changes in circumstances which would affect the child's eligibility for
				adoption assistance shall be investigated by the department as suspected
				fraud.
(c) In situations where
				fraud is suspected, the provisions of chapter 17-604.1 shall apply.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-22 - Termination of adoption assistance

Current through June, 2024
The department shall terminate payment to the prospective
				  adoptive or adoptive parent(s) upon sufficient evidence that any one of the
				  following circumstances exists:
(1)
				The child has reached the age of eighteen; or in a case in which the department
				extended the adoption assistance agreement upon determination that the child
				had a disability warranting the continuation of adoption assistance, the child
				has reached the age of twenty-one;
(2) For state adoption assistance only, the
				end of the school year in which the child attains the age of twenty provided
				the child remains enrolled in high school through the end of that school
				year;
(3) The State determines that
				the child is no longer receiving financial support from the prospective
				adoptive or adoptive parent(s);
(4)
				The State determines that the adoptive parent(s) are no longer legally
				responsible for the support of the child;
(5) The adoptive family is able to assume
				full financial responsibility and requests termination of payments and
				services;
(6) Reimbursement of
				nonrecurring expenses is completed and the family is not eligible for other
				adoption assistance.
(7) The
				adoption is not approved in accordance with chapter 17-805 as an appropriate
				adoptive home for the child.
(8)
				The prospective adoptive parent(s) elect not to adopt the child.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-24 - Hearings

Current through June, 2024
Requirements for administrative hearings shall be as
				  provided in chapter 17-1602, except that:
(1) In the case of a successful appeal from a
				denial of an application for adoption assistance made after the finalization of
				the adoption, adoption assistance shall be paid retroactive as of the date of
				the department's receipt of the application for adoption assistance;
				and
(2) In the case of a successful
				appeal from a denial of an application for adoption assistance made prior to
				the finalization of the adoption, adoption assistance shall be initiated in
				accordance with this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-25 - Departmental review of adoption subsidy rate

Current through June, 2024
The department shall review the established rate of adoption
				  subsidy at least every five years to assure its continued
				  appropriateness.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1620 - ADOPTION ASSISTANCE AND REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES FOR CHILDREN WITH SPECIAL NEEDS › Section 17-1620-26 - Independent audit

Current through June, 2024
The department shall arrange for a periodic and
				  independently conducted audit, no less frequently than once every three years,
				  of the Title IV-E program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-1 - Purpose

Current through June, 2024
Permanency assistance is provided either through Title IV-E
				  of the Social Security Act, hereafter referred to as kinship guardianship
				  assistance, or through state funds, to facilitate the placement of children
				  into permanent homes when return home and adoption are not the appropriate
				  permanency goal.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-2 - Goals

Current through June, 2024
The department shall provide services to the child who has
				  been the subject of a report of abuse, neglect, or threatened harm and to the
				  child's family to ensure the child's:
(1) Safety;
(2) Permanency; and
(3) well-being.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-4 - Scope of service

Current through June, 2024
(a) Permanency
				assistance payments shall be provided in accordance with departmental
				procedures, subject to state and federal restrictions.
(b) Permanency assistance shall include:
(1) Permanency assistance payments to provide
				a permanent home for a child previously under the department's placement
				responsibility based on an assessment of the care and supervision required by
				the child in accordance with chapter 17-1617;
(2) Qualified medical care benefits under the
				State's Medicaid or QUEST program for a child certified for permanency
				assistance when other medical care resources are not available.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-7 - Application for permanency assistance

Current through June, 2024
(a) The department
				shall inform prospective caregiver(s) of the availability of, and the
				eligibility criteria for, permanency assistance payments, including federal
				Title IV-E kinship guardianship assistance payments, and how the prospective
				caregiver can apply to receive this assistance.
(b) An application for permanency assistance
				shall be provided to each prospective caregiver upon request, for state funded
				permanency assistance. Federal title IV-E kinship guardianship assistance
				requires no such application form.
(c) The application for state funded
				permanency assistance shall be submitted to the department prior to the award
				of permanent custody or legal guardianship to the applicant.
(d) For state funded permanency assistance,
				an exception to § 17-1621-7(c) may be granted in the case of a successor
				permanent custodian(s) or legal guardian(s), when the individual(s) with whom
				the department has a valid permanency assistance agreement is no longer able to
				provide for the care of the child and an appropriate successor permanent
				custodian(s) or legal guardian(s) is designated by the court.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-8 - Eligibility requirements for federal Title IV-E kinship guardianship assistance

Current through June, 2024
Federal title IV-E kinship guardianship assistance is a type
				  of permanency assistance. Federal title IV-E monies are available to provide
				  kinship guardianship assistance payments to relatives who assume legal
				  guardianship of children for whom they have cared while foster parents. Federal
				  financial participation (FFP) using the applicable federal medical assistance
				  percentage is available for kinship guardianship assistance payments. The
				  following provisions apply to the federal Title IV-E kinship guardianship
				  assistance program:
(a) Eligibility.
(1) The child must have been removed from
				his/her home pursuant to a voluntary placement agreement or as a result of a
				judicial determination that continuation in the home would be contrary to the
				welfare of the chiId; and
(2) The
				child must have been eligible for Title IV-E foster care maintenance payments
				during a period of at least six consecutive months during which the child
				resided in the home of the prospective relative guardian who was
				unconditionally licensed as a foster family home.
(3) The department must determine that:
(A) Return home or adoption are not
				appropriate permanency options;
(B)
				The child demonstrates a strong attachment to the prospective relative
				guardian; and
(C) The relative
				guardian has a strong commitment to caring permanently for the child.
(4) The department must consult
				with a child who is 14 years or older regarding the kinship guardianship
				arrangement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-9 - Eligibility requirements for state funded permanency assistance

Current through June, 2024
(a) To be eligible for state funded
				permanency assistance, the following conditions shall be met:
(1) The child shall have been determined by
				the court to be unable to be reunified with the legal parent(s) and be under
				the placement responsibility of the department;
(2) The child shall have been provided with
				child welfare services under chapter 17-1610;
(3) The department shall have determined that
				adoption is not a viable goal for the child due to factors that may include,
				but are not limited to, the child's desire not to be adopted and/or the
				existence of significant ties to the current caregiver(s) who are unable or
				unwilling to adopt the child;
(4)
				The department shall have determined in accordance with departmental procedures
				that the proposed caregiver(s) is a licensed foster parent(s) or meets the
				requirements of chapters 17-1625, and is willing and able to provide for the
				needs of the child;
(5) The child
				shall not be eligible for foster care maintenance payments under chapter
				17-1617; and
(6) The caregiver(s)
				shall have been awarded legal guardianship or permanent custody of the child as
				the result of a judicial determination made at the time the department had
				placement responsibility.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-10 - Permanency assistance agreement and payments

Current through June, 2024
(a) A
				written permanency assistance agreement between the department and the
				caregiver(s) shall be in effect for any child for whom federal Title IV-E
				kinship guardianship assistance or state funded permanency assistance is
				provided. The agreement shall:
(1) Specify
				the duration of the agreement, the amount of, and the manner in which, each
				permanency assistance payment shall be provided under the agreement, the manner
				in which the payment may be adjusted periodically, in consultation with the
				legal guardian, and the child's eligibility for Title XIX medical
				benefits;
(2) Specify the
				additional services and assistance that the child and legal guardian will be
				eligible for under the agreement;
(3) Describe the procedure by which the legal
				guardian may apply for additional services as needed;
(4) Specify that the State will pay the total
				cost of nonrecurring expenses associated with obtaining legal guardianship of
				the child, to the extent the total cost does not exceed $2,000;
(5) Specify that the agreement shall remain
				in effect without regard to the state of residency of the legal
				guardian;
(6) Be signed by the
				prospective caregiver(s) and the department prior to the award of legal
				guardianship or permanent custody to the caregiver(s);
(7) A copy of each signed agreement shall be
				given to each party.
(8) The
				permanency assistance agreement must be in place with a prospective relative
				guardian prior to the establishment of the legal guardianship.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-11 - Safety

Current through June, 2024
(a) Prospective legal guardians, and other
				adult household members, shall submit statements signed under penalty of law
				indicating whether they were ever convicted of a crime, and provide consents to
				conduct criminal history record checks, child abuse and neglect (CA/N) registry
				checks, background checks, and any other checks as may be required by the
				department or state or federal law. Such information and consents shall be
				given upon forms supplied by the department.
(b) The department shall conduct criminal
				history record checks, child abuse and neglect (CA/N) registry checks,
				background checks, and any other checks deemed necessary of the prospective
				legal guardians and other adult household members.
(1) The fingerprint-based FBI clearances for
				the prospective legal guardians and adult household members shall be completed
				in accordance with federal and state statutes and departmental
				procedures.
(2) The check of the
				state's child abuse and neglect registry for all adult household members,
				including the registries in states where an adult resided within the preceding
				five years, shall be completed in accordance with federal and state statutes
				and departmental procedures.