REPORT TITLE: 
Foster boarding homes


DESCRIPTION:
Allows foster boarding homes to care for six or more children to
accommodate sibling groups.  Requires criminal checks for first
two years of certification and annually or biennially thereafter
depending on the certification status of the home.  (HB1115 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1115
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                     A BILL FOR AN ACT

RELATING TO FOSTER BOARDING HOMES.



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

 1      SECTION 1.  Section 346-16, Hawaii Revised Statutes, is
 
 2 amended by amending the definitions of "criminal history record
 
 3 check" and "foster boarding home" in subsection (a) to read as
 
 4 follows:
 
 5      ""Criminal history record check" means an examination of an
 
 6 individual's criminal history record through:
 
 7      (1)  An initial fingerprint analysis and name inquiry into
 
 8           state and national criminal history record files;
 
 9      (2)  Subsequent fingerprint analyses for new hires and
 
10           rehires; and
 
11      (3)  [An annual] A name inquiry into the state criminal
 
12           history record files.
 
13      "Foster boarding home" means any boarding home in which
 
14 [one]:
 
15      (1)  One or more, but fewer than six, minor children are
 
16           received; and
 
17      (2)  Six or more minor siblings are placed together in the
 
18           best interests of the children,
 
19 for care and maintenance apart from their parents or guardians on
 
20 a twenty-four hour basis for fee or charge."
 

 
Page 2                                                     1115
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        C.D. 1

 
 1      SECTION 2.  Section 346-19.6, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]346-19.6[]]  Criminal history record checks.  The
 
 4 department shall develop standards to assure the reputable and
 
 5 responsible character of operators and employees of child caring
 
 6 institutions, child placing organizations and foster boarding
 
 7 homes as defined in this chapter which shall include but not be
 
 8 limited to criminal history record checks.
 
 9      An applicant for a certificate of approval shall submit
 
10 statements signed under penalty of perjury by the operators,
 
11 employees and new employees of the facility, indicating whether
 
12 the operators, employees or new employees were ever convicted of
 
13 a crime other than a minor traffic violation involving a fine of
 
14 fifty dollars or less and providing consent to the department to
 
15 conduct a criminal history record check and to obtain other
 
16 criminal history record information for verification.  The
 
17 operators and employees of the facility shall be fingerprinted
 
18 for the purpose of complying with the criminal history record
 
19 check.  New employees of the facility shall be fingerprinted
 
20 within five working days of employment for the purpose of
 
21 complying with the criminal history record check.
 
22      The department shall obtain criminal history record
 
23 information through the Hawaii criminal justice data center on
 

 
Page 3                                                     1115
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        C.D. 1

 
 1 all operators, employees, and new employees of child care
 
 2 facilities subject to licensure pursuant to this section.  The
 
 3 Hawaii criminal justice data center may assess the operators,
 
 4 employees or new employees a reasonable fee for each criminal
 
 5 history record check conducted.  The information obtained shall
 
 6 be used exclusively for the stated purpose for which it was
 
 7 obtained, and shall be subject to such federal laws and [federal]
 
 8 regulations as may be now or hereafter adopted.
 
 9      The department may deny a certificate of approval if an
 
10 operator, employee, or new employee of the facility was convicted
 
11 of a crime other than a minor traffic violation involving a fine
 
12 of fifty dollars or less and if the department finds that the
 
13 criminal history record of an operator, employee, or new employee
 
14 poses a risk to the health, safety or well-being of the children
 
15 in care.
 
16      The department shall make a name inquiry into the criminal
 
17 history records for the first two years of certification of a
 
18 foster boarding home and annually or biennially thereafter
 
19 depending on the certification status of the home."
 
20      SECTION 3.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 4.  This Act shall take effect on July 1, 1999.