Report Title:

Criminal History Record Checks

Description:

Provides the Department of Health with the authority to conduct criminal history record checks on adults living with individuals with developmental disabilities in uncertified or unlicensed residences. Criminal history checks would be conducted on adults unrelated to the person with developmental disabilities, and would apply to situations where the person with developmental disabilities is not living with their family.

HOUSE OF REPRESENTATIVES

H.B. NO.

2471

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR UNRELATED ADULTS LIVING IN THE SAME UNLICENSED OR UNCERTIFIED RESIDENCE AS INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.

 

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

SECTION 1. The purpose of this Act is to amend section 333F-22, Hawaii Revised Statutes, to provide the department of health with the authority to conduct criminal history record checks on adults living with individuals with developmental disabilities in uncertified or unlicensed residences. The criminal history check would be conducted on adults unrelated to the person with developmental disabilities and would apply to situations where the person with developmental disabilities is not living with their family. This will provide a degree of assurance of health and safety for individuals with developmental disabilities in uncertified or unlicensed residences.

SECTION 2. Section 333F-22, Hawaii Revised Statutes, is amended to read as follows:

"333F-22 Criminal history record checks. (a) The department shall adopt rules pursuant to chapter 91 to ensure the reputable and responsible character of an applicant to operate an adult foster home or developmental disabilities domiciliary home, of existing providers and their employees, of current and prospective employees of the applicant, and of new employees of the provider after certification or licensure, which shall provide for, but not be limited to, criminal history record checks in accordance with section 846-2.7.

(b) For the purposes of this section, "developmental disabilities domiciliary homes" means any facility licensed under section 321-15.9 that provides twenty-four hour supervision or care, excluding licensed nursing care, for a fee, to not more than five adults with mental retardation or developmental disabilities as defined in this chapter; and "adult foster homes" shall be as defined under section 321-11.2.

(c) An applicant to operate an adult foster home or developmental disabilities domiciliary home and all current and prospective employees of the applicant shall be subject to criminal history record checks in accordance with section 846-2.7, and shall provide consent to the department to obtain criminal history record information for verification.

(d) Each existing provider or provider and all employees hired after the initial licensure or certification of the existing provider or provider shall be subject to criminal history record checks in accordance with section 846-2.7, and shall provide consent to the department to obtain criminal history record information for verification.

(e) The department is authorized to obtain criminal history record information through the Hawaii criminal justice data center on existing providers and their employees upon their next licensure or certification renewal date, and on any applicant and all current and prospective employees of the applicant, including all new employees after the applicant is issued a certification or license under this chapter.

(f) Once fingerprints are on file, yearly licensure or certification renewals for providers and employees will require only state criminal history record checks through the Hawaii criminal justice data center.

(g) The department may revoke a current license or certification or deny an application for a license or certification to operate an adult foster home or developmental disabilities domiciliary home under rules adopted pursuant to chapter 91 if the existing provider or employee of an existing provider, applicant, current or prospective employee of the applicant, provider, or new employee of the provider refuses to submit to the department statements indicating criminal convictions, refuses to provide consent to the department to conduct a criminal history record check or obtain other criminal history record information for verification, refuses to be fingerprinted, has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less; or if the department finds that the criminal history record of the existing provider or employee of an existing provider, applicant, current or prospective employee of the applicant, provider, or new employee of the provider may pose a risk to the health, safety, or well-being of persons with developmental disabilities or mental retardation living in the home.

(h) The department is authorized to obtain state criminal history record information through the Hawaii criminal justice data center for any unrelated adult living with a person with developmental disabilities in an unlicensed or uncertified home. If the department finds the adult may pose a risk to the health, safety, or well-being of the individual with developmental disabilities, the department may express concern to the individual or the individual's family and legal guardian."

SECTION 3. New statutory material is underscored.

Section 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST