reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-12 - Disposition of application for state funded permanency assistance

Current through June, 2024
(a) The provisions of section 17-1615-12
				shall apply to applications for state funded permanency assistance.
(b) In addition to subsection (a), the
				disposition of the application for state funded permanency assistance shall be
				made prior to the applicant's award of permanent custody or legal
				guardianship.
(c) An exception to
				§ 17-1621-10(b) 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.
(d) The department shall make a disposition
				on the application for state funded permanency assistance within thirty
				calendar days of the date the application is received by the department, unless
				otherwise specified. Any applicant for whom a disposition of the application
				for state funded permanency assistance was not determined by the thirtieth day
				from the date of application shall be determined presumptively eligible for the
				state permanency assistance for which the individual applied effective the
				thirty-first day from the date of application up to the" date the department
				makes a disposition.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-13 - Notice to the applicant for state funded permanency assistance of application disposition

Current through June, 2024
(a) The department
				shall notify the applicant of eligibility for state funded permanency
				assistance within fifteen calendar days following the date the department makes
				a disposition on the application.
(b) The notice shall be in writing and shall
				contain a statement of the actions taken, the reasons for the actions, the
				specific rules supporting the actions, and the right to appeal the department's
				decision through established hearing procedures.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-14 - Appeals and hearings

Current through June, 2024
The department must provide an opportunity for a. fair
				  hearing to any individual whose claim for permanency assistance, including
				  kinship guardianship assistance, is denied or not acted upon with reasonable
				  promptness.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-15 - Authorization for and initiation of permanency assistance payments

Current through June, 2024
(a) The department shall authorize permanency
				assistance payments in accordance with departmental procedures when the child
				and family meet the eligibility requirements specified in this chapter for
				federal Title IV-E kinship guardianship assistance or for state funded
				permanency assistance and an agreement for permanency assistance is in
				effect.
(b) The amount of the
				permanency assistance payments, including any unearned income of the child,
				shall not exceed the department's foster care maintenance payments specified in
				chapter 17-1617.
(c) Payments for
				permanency assistance shall be:
(1)
				Calculated in accordance with the provisions of section 17-1617-13(c);
				and
(2) Issued to the caregiver(s)
				on a monthly basis following the month of care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-16 - Family responsibility for payment for state funded permanency assistance

Current through June, 2024
(a) The child's
				legally responsible parent(s) shall be required to contribute to the cost of
				the child's placement with the caregiver(s) in accordance with the financial
				ability of the parent(s).
(b) The
				child's legally responsible parent(s) shall be referred to the child support
				enforcement agency.
(c)
				Contributions from the legally responsible parent shall be made to the
				department as reimbursement for the cost of the state funded permanency
				assistance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-17 - Income to be considered for state funded permanency assistance

Current through June, 2024
(a) The income resources of the child shall
				be considered when determining the amount of state funded permanency assistance
				payments.
(b) The income to be
				considered includes the child's unearned income resources such as Retirement
				Survivor's and Disability Insurance (RSDI) benefit payment, Supplemental
				Security Income (SSI) benefits, trust fund accounts, and military personnel's
				or veteran's dependency benefits.
(c) Earned income of the child shall not
				apply as reimbursement towards the child's permanency assistance
				payments.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-18 - Duration of permanency assistance

Current through June, 2024
(a) Federal Title
				IV-E kinship guardianship assistance may continue for an eligible child until:
(1) The child reaches the age of eighteen;
				or
(2) Where the department
				determines that the child has a mental or physical handicap which warrants the
				continuation of assistance, the age of twenty-one.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-19 - Permanency assistance outside the state for Title IV-E kinship guardianship assistance or state funded permanency assistance

Current through June, 2024
(a)
				Permanency assistance payments shall continue if the legal guardian(s) or
				permanent custodian(s) and child move out of the state while the permanency
				assistance agreement is in effect.
(b) The state shall continue to provide
				medical coverage under the state medical program for children who do not
				qualify for Medicaid, as long as the child is eligible for permanency
				assistance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-20 - Review of permanency assistance agreement for state funded permanency assistance

Current through June, 2024
(a) For state
				funded permanency assistance, there shall be a review of the permanency
				assistance agreement, including difficulty of care payments (in accordance with
				section 17-1617-15(b) ), at least every two years to determine if there are any
				significant changes which may affect the terms of the agreement.
(b) If the caregiver(s) fails to submit the
				requested information for the review, the permanency assistance payments shall
				be suspended until the department receives the requested information.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-21 - Reporting changes for Title IV-E kinship guardianship assistance or state funded permanency assistance

Current through June, 2024
(a) The legal
				guardian(s) and permanent custodian(s) shall be responsible to make a written
				report of any of the following changes to the department within thirty days of
				occurrence:
(1) They are no longer supporting
				the child, or the child is no longer residing with them;
(2) They are no longer the legal guardian(s)
				or permanent custodian(s) of the chiId;
(3) They change residence, or there is a
				change in mailing address;
(4)
				There are other circumstances that may affect eligibility for continued
				permanency assistance payments; or
(5) The child receives unearned income as
				specified in section 17-1621-18(b).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-22 - Advance notice of action to terminate, suspend, or reduce payments

Current through June, 2024
In cases of intended action to discontinue, terminate,
				  suspend or reduce permanency assistance the department shall give timely and
				  adequate notice as follows:
(1) The
				notice shall be mailed at least 10 days before the date of action, that is, the
				date upon which the action would become effective;
(2) The notice shall include a statement of
				what action the department intends to take, the reasons for the intended
				departmental action, the specific regulations supporting such action,
				explanation of the individual's right to request a fair hearing, the
				circumstances under which assistance is continued if a hearing is requested,
				and if the department action is upheld, that such assistance shall be
				repaid.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-23 - Overpayments and recoupment

Current through June, 2024
(a) An overpayment
				shall occur when a recipient receives permanency assistance payments, including
				Title IV-E kinship guardianship assistance payments, for which the recipient is
				not eligible pursuant to departmental rules.
(b) Overpayments shall be collected in
				accordance with departmental procedures:
(1)
				As a reimbursement from, or on behalf of, the recipient who received the
				overpayment; or
(2) Recovered for
				the department for recipients who are no longer eligible for state funded
				permanency assistance payments or federal Title IV-E kinship guardianship
				assistance payments.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1621 - PERMANENCY ASSISTANCE › Section 17-1621-25 - Termination of permanency assistance

Current through June, 2024
(a) Title IV-E
				kinship guardianship assistance shall be terminated when:
(1) The child has reached the age of eighteen
				years;
(2) Where the department
				determines that the child has a mental or physical handicap which warrants the
				continuation of assistance, the age of twenty-one.
(3) The legal guardian(s) or permanent
				custodian(s) is no longer supporting the child; or
(4) The legal guardian(s) or permanent
				custodian(s) is no longer legally responsible for the support of the
				child.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Section 17-1625-1 - Goals

Current through June, 2024
(a) The department shall provide temporary
				foster care placement of children and youth outside of their own home due to
				child abuse or neglect in a safe, stable and nurturing environment.
(b) Foster care services shall be provided to
				the child and the child's family in a culturally competent manner that
				acknowledges and is sensitive to the strengths and needs of each child and the
				child's family.
(c) Foster care
				services shall facilitate family connections by encouraging and facilitating
				sibling and other family visitation and contact on a frequent basis, as
				appropriate.
(d) Foster care
				services shall be a resource to the foster child and the child's family while
				the child is in out-of-home placement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Section 17-1625-3 - Penalty

Current through June, 2024
Any person who knowingly and voluntarily operates as a
				  resource family home without a certificate of approval or who makes any false
				  statement or violates the rules shall be fined not more than $200 for each
				  violation. The department shall notify violators in writing of their violation,
				  and of the imposition and amount of a fine.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Section 17-1625-4 - Severability

Current through June, 2024
If any section, subsection, paragraph, subparagraph, or
				  clause of these rules or its application to any person or circumstance, is for
				  any reason held to be unconstitutional or invalid, the remaining portions of
				  these rules or the application of these rules to other persons or
				  circumstances, shall not be affected.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Section 17-1625-5 - Exceptions

Current through June, 2024
Exceptions to the requirements of this chapter may be made
				  at the discretion of the department provided that they do not violate federal
				  or state statutes or pose a risk to the health, safety, or well-being of
				  children.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Section 17-1625-6 - Savings clause

Current through June, 2024
Existing resource family homes approved by the department or
				  agency shall continue to operate for the term of the resource family home's
				  certificate of approval and shall thereafter be subject to these rules except
				  where prohibited by federal and state statutes.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1625-7 - Need for certificate of approval

Current through June, 2024
A resource family home shall have a certificate of
					 approval in order to care for children. The certificate of approval shall
					 certify that the resource family home met all the requirements of this
					 chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1625-8 - Application

Current through June, 2024
(a) A married couple desiring to provide
				  foster care for children shall submit a joint application to the department or
				  the child-placing agency for a certificate of approval.
(b) An adult person desiring to provide
				  foster care for children shall submit an application to the department or the
				  child-placing agency for a certificate of approval.
(c) The agency may refuse an application for
				  a certificate of approval if the agency determines that the applicant presents
				  a potential risk to a child or children.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1625-9 - Study process

Current through June, 2024
(a) The agency
				  receiving the application shall conduct a study of the applicants, household
				  members, and the applicants' home in accordance with departmental procedures to
				  determine that the requirements of this chapter are met and that the applicants
				  and household members have the ability and personal qualities to care for
				  foster children.
(b) The agency
				  shall dispose of the application within ninety days of receipt of all required
				  documents, including but not limited to, criminal history, background, and
				  child abuse and neglect (CA/N) registry checks.
(c) A record of the agency's findings shall
				  be kept on file at the agency to which application is made.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1625-10 - Issuance of certificate of approval

Current through June, 2024
(a) The department
				  or agency shall issue a certificate of approval on the basis of a study which
				  determined that the resource family home met the licensing requirements in this
				  chapter. The certificate of approval shall specify:
(1) The name and address of the persons to
				  whom the certificate of approval is issued;
(2) The maximum number of foster children
				  permitted;
(3) The period for which
				  the certificate is effective;
(4)
				  The specific child-placing agency, when applicable; and
(5) The child's name if the home has been
				  approved for a specific child.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1625-11 - Renewal

Current through June, 2024
(a) A license shall be renewed annually or
				  biennially depending on the certification status of the home.
(b) The agency shall conduct a name inquiry
				  into the state criminal history files annually or biennially depending on
				  whether the home was licensed for one year or two years. The resource family,
				  all adult household members, and employees shall provide consents to the
				  department or agency to conduct such checks at least thirty days prior to the
				  anniversary date of the last consent and thereafter, at least thirty days prior
				  to the expiration date of the certificate.
(c) Child abuse and neglect (CA/N) registry,
				  background, and any other checks that may be required by the department shall
				  be completed on the resource family, household members, and employees annually
				  or biennially depending on whether the home was licensed for one year or two
				  years.
(d) Tuberculosis clearances
				  shall be obtained only for household members with a prior positive skin test or
				  chest x-ray and the clearance shall be in accordance with the current state
				  department of health recommendations and departmental procedures.
(e) When the agency determines that the
				  resource family has met all the requirements of this chapter, a new certificate
				  of approval shall be issued for one or two years, provided that:
(1) The family fully complied with all
				  recertification requirements, including those concerning health and
				  safety;
(2) There were no major
				  changes in the family composition, living arrangement, or physical facilities
				  that may adversely affect the care of children;
(3) The criminal history and background
				  checks on the resource family, adult household members, and employees showed
				  that they do not pose a risk to the health, safety, or well-being of
				  children;
(4) The child abuse and
				  neglect history and background checks on the resource family, adult household
				  members, and employees showed that they do not pose a risk to 'the health,
				  safety, or well-being of children; and
(5) There is no other verifiable report by
				  foster children, workers, or others indicating the resource family, adult
				  household members or employees pose a risk to the health, safety, or well-being
				  of children.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1625-12 - Reporting changes

Current through June, 2024
(a) The resource
				  family home shall immediately report to the agency any changes or circumstances
				  that may impact their certificate of approval or their ability to care for
				  children. The changes that must be reported immediately include but are not
				  limited to additional household members, any changes in the resource family's
				  health status, and changes in the criminal history of any household member
				  including arrests and conviction for any offense.
(b) Non-reporting of changes or circumstances
				  that may impact a resource family home's certificate of approval or ability to
				  care for children is grounds for immediate revocation of a certificate of
				  approval if the department or agency assesses that the omission presents a
				  situation that could place a child at risk of harm or threatened
				  harm.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1625-13 - Denial

Current through June, 2024
(a) The agency shall deny approval of a
				  resource family home when:
(1) The
				  requirements of this chapter are not met ;
(2) The applicant or a household member does
				  not demonstrate the ability, skills, or personal qualities to provide safe and
				  appropriate care for foster children; or
(3) A member of the household poses a
				  potential risk to foster children.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1625-14 - Revocation and suspension

Current through June, 2024
(a) The agency may
				  revoke a certificate of approval when a home or household member does not meet
				  the requirements of this chapter during the period covered by the certificate.
(1) The agency shall notify the resource
				  family in writing, providing the reasons for the revocation of the certificate
				  of approval and the rules supporting this action.
(2) This written notice shall be mailed at
				  least ten calendar days prior to the revocation date.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1625-15 - Hearing

Current through June, 2024
(a) Persons whose application for a
				  certificate of approval has been denied or a resource family whose certificate
				  of approval has been revoked, suspended, or not renewed by the agency may
				  request a hearing in writing, in accordance with departmental
				  procedures.
(b) The written request
				  shall be received by the agency within ninety calendar days of the date the
				  agency mailed the letter of denial, revocation, suspension, or non renewal to
				  the applicant or resource family.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 1 - CERTIFICATE OF APPROVAL › Section 17-1625-16 - Confidentiality of resource family home records

Current through June, 2024
The provisions of chapter 17-1601 shall apply to this
					 chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1625-17 - Personal qualifications required

Current through June, 2024
(a) Applicants,
				  adult household members, and employees shall submit statements signed under
				  penalty of law indicating whether they were ever convicted of a crime, and
				  provide consents to conduct criminal history, child abuse and neglect (CA/N)
				  registry, background, and any other checks as may be required by the department
				  or state or federal laws. Such information and consents shall be given upon
				  forms supplied by the department.
(b) The agency receiving the application
				  shall conduct criminal history, child abuse and neglect (CA/N) registry checks,
				  background, and any other checks deemed necessary, such as employment checks,
				  on applicants, employees, and household members.
(1) Except for the Federal Bureau of
				  Investigations (FBI) clearances, these checks shall be completed prior to
				  provisional licensure of the child specific resource family home.
(2) The fingerprint-based FBI clearances for
				  adult household members shall be completed in accordance with federal and state
				  statutes and departmental procedures prior to full licensure of the
				  home.
(3) 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 prior to full licensure.
(4) Information regarding a person's child
				  abuse and neglect (CA/N) registry checks obtained from any other state shall
				  only be used for the purpose of conducting background checks for the licensing
				  of family resource homes. Any person who fails to safeguard confidential
				  information or who violates rules governing the confidential nature of
				  department information may be prosecuted for a violation pursuant to chapter
				  17-1601-13.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1625-18 - Health of resource family

Current through June, 2024
(a) All members of
				  the household shall be free from physical, emotional, or other conditions which
				  may pose a risk to the health, safety, or well-being of foster
				  children.
(b) The following written
				  medical reports shall be submitted by the resource family prior to initial
				  approval of the home or within sixty days of the provisional approval of a
				  child specific licensed home:
(1) Physical
				  examinations of the resource family completed within the year by a licensed
				  physician, advanced practice registered nurse, physician assistant or other
				  medical professional licensed to practice and permitted to perform medical
				  examinations by the State of Hawaii certifying that the resource family suffers
				  no illnesses or disabilities that would interfere with the resource family's
				  capacity to care for children; and
(2) Tuberculosis clearance of all members of
				  the household, including children, in accordance with current state department
				  of health recommendations.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1625-19 - Income

Current through June, 2024
(a) Prior to the child's placement into the
				  home, the income of the resource family home shall be sufficient to maintain an
				  adequate standard of living for the family before the addition of a foster
				  child.
(b) No business or activity
				  shall be conducted on the premises which may pose a risk to the health, safety,
				  or well-being of the children under the resource family's care.
(c) The resource family may have a joint
				  savings account with a child upon written approval from the department or
				  agency and shall facilitate the transfer of that account in the event the child
				  returns home or moves to another resource family home.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1625-20 - Employed resource family

Current through June, 2024
The employment or business of the resource family or
					 caregiver, shall have no bearing on licensure, provided that the child or
					 children are appropriately supervised.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1625-21 - Other children in the home

Current through June, 2024
(a) Prior to
				  licensing, or placement of a child or children into the home, consideration
				  shall be given to the following.
(1) The home
				  shall not be licensed for more than five unrelated foster children,
(2) The home may be licensed for six or more
				  minor siblings if in the best interest of the children.
(3) Unless otherwise approved by the
				  department in accordance with departmental procedures no more than two foster
				  children under the age of two can be cared for per licensed resource family
				  within a home.
(4) A resource
				  family home licensed by the department shall not accept children from any other
				  source without:
(A) Informing the department
				  of the potential placement prior to accepting the child; and
(B) Obtaining permission from the department,
				  pursuant to these rules.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1625-22 - Housing and sanitation requirements

Current through June, 2024
The resource family home shall comply with acceptable
					 state standards on housing and sanitation as follows:
(1) The kitchen shall have equipment that is
				  working and in sanitary condition for the safe storage, preparation, serving
				  and cleaning up of meals, and all eating and drinking utensils shall be
				  thoroughly cleaned after each usage;
(2) The living room or family room shall have
				  sufficient space and be comfortably furnished and accessible to all members of
				  the family;
(3) The bedrooms shall
				  be safe, well lit, well ventilated, and have adequate space;
(4) The bathroom shall have a sanitary flush
				  toilet, a washbasin with running water, and a bath or shower with hot and cold
				  water. In areas where an adequate water supply is not available, toileting and
				  bathing methods must be in accordance with department of health
				  standards;
(5) All rooms shall be
				  reasonably clean and have adequate light and ventilation;
(6) The home shall have an approved source of
				  potable water supply;
(7) The home
				  shall have adequate facilities for the proper disposal of sewage with all
				  plumbing connected to a public sewage system or other approved
				  method;
(8) The home shall have
				  proper facilities for the disposal of garbage and refuse;
(9) The home shall have access to laundering
				  facilities for washing clothes either in the home or elsewhere;
(10) The home shall have adequate fire escape
				  exits, a fire evacuation plan, and smoke detectors installed in or near the
				  bedrooms that are in good working order and that are in accordance with the
				  manufacturer's specifications;
(11)
				  The premises shall be kept in a sanitary and safe condition. There shall be
				  protection from fire hazards, drugs, poisons, harmful household supplies,
				  dangerous tools, weapons, firearms, and potentially dangerous animals;
				  and
(12) The home shall meet the
				  space, ramp, and other requirements set by the department of health for
				  physically impaired individuals as appropriate and when necessary.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1625-23 - Equipment and furnishings

Current through June, 2024
(a) Unless
				  otherwise approved by the department in accordance with departmental
				  procedures, each child shall:
(1) Be provided
				  a dresser or closet space that will accommodate the child's clothing and
				  belongings; and
(2) Be provided
				  with an individual bed or crib, except that two siblings of the same gender may
				  share a double bed, up to the age of six, preferably for a temporary period
				  only. Bunk beds shall be used only as appropriate to the child's age and
				  situation. When bunk beds are used, proper ladders and guardrails shall be
				  provided for upper bunks.
(3) Each
				  bed or crib shall be of a size and design to ensure the safety and comfort of
				  the child and shall have clean, comfortable bedding, and linen, and waterproof
				  covering, if needed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1625-24 - Sleeping arrangement

Current through June, 2024
(a) The sleeping
				  arrangement for a foster child shall include suitable light, ventilation, and
				  provision for proper rest.
(b) The
				  resource family's child shall not be displaced because of the presence of a
				  foster child.
(c) No foster child
				  shall sleep in a detached building without supervision or in an unfurnished
				  attic, basement, hallway, or stairwell.
(d) Individual beds shall be spaced to allow
				  passageway between beds.
(e) A
				  foster child over six years of age may sleep in the same bedroom with children
				  over six years old of the opposite sex with approval from the department or
				  agency, with due consideration given to the safety of the child and the culture
				  and resources available to the resource family.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 2 - LICENSING REQUIREMENTS › Section 17-1625-25 - References

Current through June, 2024
Applicants shall provide two references per family who
					 have adequate knowledge of the family background in terms of character and
					 ability to care for children. Additional references shall be furnished to the
					 agency upon request.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 3 - ADMINISTRATION OF THE RESOURCE FAMILY HOME › Section 17-1625-31 - Record

Current through June, 2024
(a) A current register of all children placed
				  in the resource family home shall be kept by the resource family and shall be
				  open for inspection only by the agency.
(b) The register for the resource family home
				  shall include a listing of the children accepted for placement by name, age,
				  birthdate, date placed, and date removed.
(c) The resource family home shall maintain a
				  record on each child placed in the home, including the following:
(1) Information on the child's health plan,
				  the child's parents, the child's physician and dentist, the child's medical
				  information, including medications and immunizations, the child's school, and
				  the name and number of the person to contact in case of any emergency;
				  and
(2) The agreement between the
				  agency and resource family for each child placed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 3 - ADMINISTRATION OF THE RESOURCE FAMILY HOME › Section 17-1625-32 - Contacts with the resource family

Current through June, 2024
(a) The resource
				  family home shall be visited by staff authorized by the agency as frequently as
				  needed to ensure the continued well-being of the foster child and to ensure
				  that the resource family home continues to meet the licensing
				  requirements.
(b) The resource
				  family home shall provide access to their home and the foster child when
				  requested by the agency.
(c) The
				  resource family home shall be subject to investigation at any time and in a
				  manner, place, and form as may be prescribed by the department or its
				  authorized agents.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-36 - Member of resource family home

Current through June, 2024
(a) A foster child
				  shall be cared for as a family member.
(b) To ensure the positive transition of a
				  child into the resource family home, the resource family may be asked to meet
				  with the child's parent(s) or caretaker(s) prior to placement of the child into
				  the resource family home to facilitate the child's adjustment into foster
				  care.
(c) The resource -family
				  shall immediately inform the agency of any changes that would impact on their
				  ability to care for the child.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-37 - Health

Current through June, 2024
(a) The foster child shall have an initial
				  placement physical, an initial comprehensive health assessment, a medical plan,
				  and a health screening for subsequent placements, in accordance with
				  departmental procedures.
(b) The
				  resource family shall be provided all pertinent, available, health information
				  on the foster child, including any medical problems or need for
				  medications.
(c) The placement
				  agency, or legal custodian in independent placements, shall plan for the
				  overall management of the child's medical and dental needs and the provision of
				  adequate medical coverage, in accordance with departmental
				  procedures.
(d) The resource family
				  shall obtain for the child:
(1) Timely and
				  appropriate medical care;
(2)
				  Immunizations and vaccinations required depending on the age of the
				  child;
(3) Tuberculin clearances in
				  accordance with the recommendations of the state department of
				  health;
(4) Annual physical
				  examinations;
(5) Medical attention
				  for any chronic medical conditions; and
(6) Regular dental examinations and
				  appropriate dental care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-38 - Emergencies

Current through June, 2024
(a) The resource family shall obtain
				  instructions from the child-placing agency, or from the legal custodian in
				  independent placements, regarding procedures to follow in case of sudden
				  illness or accidents.
(b) Severe
				  illness, serious injuries, accident, or death of the child shall be reported
				  immediately to the agency, or in independent placement, to the child's legal
				  custodian responsible for the child.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-39 - Diet

Current through June, 2024
Diet shall be adequate for good nutrition and reasonable
					 accommodations shall be made in accordance with the foster child's cultural and
					 family's, practices and in the event that the foster child is unable to adapt
					 to the food prepared.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-40 - Clothing and personal belongings

Current through June, 2024
(a) A foster
				  child's clothing shall be clean, of the right size and appropriate for the
				  child's age, sex, and individual needs.
(b) Each foster child shall be provided with
				  individual combs, toothbrushes, and other personal essentials.
(c) The foster child's clothing and personal
				  belongings shall go with the child when the child leaves the resource family
				  home.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-41 - Recreation and social activities

Current through June, 2024
(a) A well-balanced
				  daily program including time for rest appropriate to the child's age, regular
				  meal hours, and recreation shall be provided for the foster child.
(b) The resource family shall cooperate with
				  the agency, or with the legal custodian in independent placements, to encourage
				  the child to participate in social and recreational activities in the
				  community.
(c) The resource family
				  shall cooperate with the agency, or with the legal custodian in independent
				  placements, to facilitate the child's visitation and family contact with the
				  legal custodian and relatives according to the case plan or, in independent
				  placements, with prior agreement between the legal custodian and resource
				  family.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-42 - Discipline and guidance

Current through June, 2024
(a) Discipline and
				  guidance shall be carried out with kindness and understanding.
(b) No child shall be subjected to any
				  physical punishment or action which would endanger the child's physical,
				  mental, or emotional well-being.
(c) Discipline shall be reasonable and shall
				  not interfere with the child's education, recreation, or social
				  needs.
(d) Visitation and
				  connections with the child's legal custodian, sibling(s) and relatives shall
				  not be withheld as a form of discipline.
(e) As a member of the family, a foster child
				  shall participate in simple home-duties commensurate with the child's age which
				  shall not interfere with school, health, and necessary recreation, or the
				  child's visitation and family contact with the child's legal custodian, family
				  and relatives and which are shared with other children in the home.
(f) The foster child shall be provided an
				  allowance and/or earned privileges as practiced by the resource family with
				  their own children.
(g) The
				  Resource family shall establish well defined age and developmentally
				  appropriate rules which set the expectations, limits, and clear and age
				  appropriate consequences of behavior which shall be shared with the foster
				  child when the child is placed in the resource family home.
(h) The resource family shall teach and guide
				  each child with techniques that stress praise and encouragement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-43 - Education

Current through June, 2024
Regular school attendance shall be expected of all
					 children in accordance with state laws. Attention shall be given to the special
					 education needs of the child. Each school age child shall be enrolled in school
					 within five school days of the date of placement in the home.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-44 - Religion and culture

Current through June, 2024
The religious faith and cultural heritage of each child
					 shall be respected. The child shall be provided the opportunity to attend the
					 church, temple, Sunday school, and religious and cultural activities of the
					 child's legal custodian, or in their absence, of the child's
					 choice.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-45 - Resource family's absence

Current through June, 2024
(a) When the
				  resource family is absent from the home because of emergencies or planned
				  vacations or other reasons, the resource family may arrange for the supervision
				  of the child by a responsible adult person for up to two weeks, unless
				  otherwise approved by the department. Notification of the resource family's
				  absence shall be given to the agency immediately, or in the case of independent
				  placement, to the legal custodian. The resource family shall provide the name,
				  address, and phone number of the responsible person and shall attest to the
				  person's ability to provide safe and appropriate care for the child.
(b) The licensing and placement workers, or
				  legal custodian in independent placements, shall verify the information
				  provided by the resource family and approve the planned arrangement for
				  supervision of the child prior to the resource family's absence.
(c) If the licensing and placement workers,
				  or legal custodian in independent placements do not approve the planned
				  arrangement for supervision of the child during the resource family's absence,
				  the agency, or the legal custodian in independent placement, shall make efforts
				  to provide a certified resource family home for the child during" the resource
				  family's absence.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-46 - Child's absence from resource home

Current through June, 2024
(a) When a child is
				  to be absent from the resource family home overnight or longer, with the
				  exception of sleep-overs with friends or relatives of up to two days with
				  resource family approval, the resource family shall secure permission from the
				  child-placing agency, or the legal custodian in independent placements, for the
				  child to be out of the home.
(b)
				  Absence of a child without permission of the resource family shall be reported
				  immediately by the resource family to the child-placing agency or to the legal
				  custodian in independent placements.
(c) After office hours, any child's absence
				  without permission of the resource family shall be reported to the police
				  immediately, with a report to the agency the next working day.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1625 - LICENSING OF RESOURCE FAMILY HOMES FOR CHILDREN › Subchapter 4 - CARE OF FOSTER CHILD › Section 17-1625-47 - Preservation of family connections

Current through June, 2024
(a) A primary
				  function of resource families will be to ensure contact with siblings,
				  biological parents, relatives, kith and kin.
(b) With the exception of relationships
				  explicitly prohibited by a family court, resource families shall encourage
				  foster children to maintain these preexisting family relations.
(c) Failure to proactively support and ensure
				  continued contact with kith and kin shall be sufficient reason to deny
				  continued licensure.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1627 - LICENSING OF CHILD - CARING INSTITUTIONS › Section 17-1627-3 - Severability

Current through June, 2024
If any section, subsection, paragraph, subparagraph, or
				  clause of this chapter, or its application to any person or circumstance, is
				  for any reason held to be unconstitutional or invalid, the remaining portions
				  of this chapter, or the application of this chapter to other persons or
				  circumstances, shall not be affected.