Hawaii 2024 Regular Session

Hawaii Senate Bill SB3115 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	THE SENATE S.B. NO. 3115 THIRTY-SECOND LEGISLATURE, 2024 ~~S.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO RELATIVE RESOURCE CAREGIVERS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	THE SENATE S.B. NO. 3115 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT RELATING TO RELATIVE RESOURCE CAREGIVERS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		THE SENATE S.B. NO. 3115
4		-	THIRTY-SECOND LEGISLATURE, 2024 ~~S.D. 1~~
	4	+	THIRTY-SECOND LEGISLATURE, 2024
5	5		STATE OF HAWAII
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7	7		THE SENATE
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9	9		S.B. NO.
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11	11		3115
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13	13		THIRTY-SECOND LEGISLATURE, 2024
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15		-	~~S.D. 1~~
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17	17		STATE OF HAWAII
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31	31		A BILL FOR AN ACT
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37	37		RELATING TO RELATIVE RESOURCE CAREGIVERS.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. Section 587A-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The department shall provide [the] a child's relative an application to be licensed as the child's resource family within fifteen days of the relative's request to provide foster placement for the child. The department shall only issue a license if the relative submits an application and meets the licensing standards for a child-specific license established by the department in rules adopted pursuant to chapter 91 and the child is placed with the relative~~; provided that:~~ (1) If the application is submitted and the license is denied[,] due to the failure of the applicant to meet the licensing standards set out in rules adopted by the department, the department shall provide the applicant with the specific reasons for the denial and an explanation of the procedures for an administrative appeal[.] to contest the denial based on the licensing standards; or (2) If the application is submitted and the applicant meets the licensing standards set out in rules adopted by the department, and the department does not issue a child-specific license because the child is not placed with the applicant, the applicant ~~shall~~ not have a right to an administrative appeal to contest the placement decision~~; provided further that the applicant~~ may seek judicial review by the family court pursuant to this chapter." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval.
	47	+	SECTION 1. Section 587A-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The department shall provide [the] a child's relative an application to be licensed as the child's resource family within fifteen days of the relative's request to provide foster placement for the child. The department shall only issue a license if the relative submits an application and meets the licensing standards for a child-specific license established by the department in rules adopted pursuant to chapter 91 and the child is placed with the relative. (1) If the application is submitted and the license is denied[,] due to the failure of the applicant to meet the licensing standards set out in rules adopted by the department, the department shall provide the applicant with the specific reasons for the denial and an explanation of the procedures for an administrative appeal[.] to contest the denial based on the licensing standards; or (2) If the application is submitted and the applicant meets the licensing standards set out in rules adopted by the department, and the department does not issue a child-specific license because the child is not placed with the applicant, the applicant does not have a right to an administrative appeal to contest the placement decision, but may seek judicial review by the family court because the family court retains the exclusive jurisdiction to review placement determinations for the child pursuant to this chapter." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST
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49	49		SECTION 1. Section 587A-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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51		-	"(a) The department shall provide [the] a child's relative an application to be licensed as the child's resource family within fifteen days of the relative's request to provide foster placement for the child. The department shall only issue a license if the relative submits an application and meets the licensing standards for a child-specific license established by the department in rules adopted pursuant to chapter 91 and the child is placed with the relative~~; provided that:~~
	51	+	"(a) The department shall provide [the] a child's relative an application to be licensed as the child's resource family within fifteen days of the relative's request to provide foster placement for the child. The department shall only issue a license if the relative submits an application and meets the licensing standards for a child-specific license established by the department in rules adopted pursuant to chapter 91 and the child is placed with the relative.
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53	53		(1) If the application is submitted and the license is denied[,] due to the failure of the applicant to meet the licensing standards set out in rules adopted by the department, the department shall provide the applicant with the specific reasons for the denial and an explanation of the procedures for an administrative appeal[.] to contest the denial based on the licensing standards; or
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55		-	(2) If the application is submitted and the applicant meets the licensing standards set out in rules adopted by the department, and the department does not issue a child-specific license because the child is not placed with the applicant, the applicant ~~shall~~ not have a right to an administrative appeal to contest the placement decision~~; provided further that the applicant~~ may seek judicial review by the family court pursuant to this chapter."
	55	+	(2) If the application is submitted and the applicant meets the licensing standards set out in rules adopted by the department, and the department does not issue a child-specific license because the child is not placed with the applicant, the applicant does not have a right to an administrative appeal to contest the placement decision, but may seek judicial review by the family court because the family court retains the exclusive jurisdiction to review placement determinations for the child pursuant to this chapter."
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57	57		SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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59	59		SECTION 3. This Act shall take effect upon its approval.
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61		-	Report Title: DHS; Relative; Resource Caregiver; Foster Home; Licensing; Administrative Appeal Description: Clarifies when a relative seeking to be a resource caregiver for a child is entitled to an administrative appeal for denial of a foster home license issued by the Department of Human Services. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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	63	+	INTRODUCED BY: _____________________________
	64	+	BY REQUEST
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	66	+	INTRODUCED BY:
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	68	+	_____________________________
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	74	+	BY REQUEST
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	76	+	Report Title: Relative; Resource caregiver; Foster home; Licensing; Administrative appeal Description: Clarifies when a relative seeking to be a resource caregiver for a child is entitled to an administrative appeal for denial of a foster home license. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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67	82		Report Title:
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69		-	~~DHS;~~ Relative; Resource Caregiver; Foster Home; Licensing; Administrative Appeal
	84	+	Relative; Resource caregiver; Foster home; Licensing; Administrative appeal
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73	88		Description:
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75		-	Clarifies when a relative seeking to be a resource caregiver for a child is entitled to an administrative appeal for denial of a foster home license ~~issued by the Department of Human Services~~. ~~(SD1)~~
	90	+	Clarifies when a relative seeking to be a resource caregiver for a child is entitled to an administrative appeal for denial of a foster home license.
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83	98		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.