Report Title:

Foster Children; Mandatory Independent Living Programs

 

Description:

Requires the state to provide independent living programs to foster children at age 14.  Appropriates funds.  (HB525 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

525

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO FOSTER CHILDREN'S TRANSITION TO ADULTHOOD.

 

 

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

 


     SECTION 1.  The legislature finds that former foster youth are at greater risk than the general population of becoming homeless or suffering other deprivations as adults.  Independent living skills are essential to enable these children to become productive and safe adults.

     The purpose of this Act is to ensure that foster youth are provided, beginning at age twelve, with appropriate opportunities to learn basic life skills that will be needed when they become adults.

     SECTION 2.  Chapter 587, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§587-    Independent living.  (a)  Beginning at the age of fourteen years, all foster youth who are in permanent custody or foster custody shall participate in an age appropriate independent living program.

     (b)  The independent living program shall teach basic skills necessary to transition to adulthood.  The program shall include but not be limited to training and information on:

     (1)  Community services available to transitioning youth and adults;

     (2)  Faith-based organizations;

     (3)  Money management;

     (4)  Job application process;

     (5)  Access to higher education or alternative primary education;

     (6)  Student loans and scholarship application process;

     (7)  Access to the welfare system;

     (8)  Access to public and private medical care and mental health systems;

     (9)  Obtaining public and private housing; and

    (10)  Other important life skills."

     SECTION 3.  Section 587-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Permanent plan is a specific written plan, prepared by an appropriate authorized agency, which [should] shall set forth:

     (1)  A position as to whether the court should order an adoption, guardianship, or permanent custody of the child and specify:

         (A)  A reasonable period of time during which the adoption or guardianship may be finalized; provided that the identity of the proposed adoptive parent or parents shall be provided to the court in a separate report which shall be sealed and shall not be released to the parties unless the court deems such release to be in the best interests of the child;

         (B)  If adoption is not the plan, a clear and convincing explanation why guardianship is preferable to adoption; or

         (C)  If adoption or guardianship is not the plan, a clear and convincing explanation why permanent custody is preferable to guardianship;

     (2)  A specific written plan, including:

         (A)  The goal, as being:  adoption, guardianship, or permanent custody;

         (B)  The objectives concerning the child, including[,] but not limited to[,] stable placement, education, health, therapy, counseling, birth family (including visitation, if any), culture, [and] adoption, and guardianship[, or preparation for independent living]; and

         (C)  The method or methods for achieving the goal and objectives set forth in subparagraphs (A) and (B);

     (3)  All supporting exhibits and written consents or an explanation as to why the exhibits or consents are not available.  Upon good cause shown, the court may waive submission of any supporting exhibit or written consent; [and]

     (4)  For all children over fourteen years of age, a description of the steps taken to prepare the child for transition to adulthood, steps taken to refer and enroll the child in an independent living program, and other referrals made.  If the child is not enrolled in an independent living program, an explanation shall be provided, including steps that the department will take to ensure a child will participate in an independent living program; and

    [(4)] (5)  Any other information or materials which are necessary to the expeditious facilitation of the permanent plan.

     The plan shall be coordinated with the child's individualized education program (IEP) or transition plan."

     SECTION 4.  There is appropriated out of the federal temporary assistance for needy families program funds the sum of $         or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 for the independent living program.

     The sums appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2007.