Section 17-1617-13 - Authorization for foster care maintenance payments, foster care related payments, and respite care payments(a) The department shall authorize foster care maintenance payments when the eligibility criteria set forth in this chapter are met and in accordance with departmental procedures when the eligible child is placed in a licensed resource family home.(b) The department shall make foster care maintenance payments for the care of the eligible child when the eligibility criteria are met, and it is determined that the eligible child needs out-of-home care and is without sufficient income and resources to meet payment for care.(c) The department shall make monthly foster care maintenance payments directly to the resource family home after the end of each month of service.(d) For licensed resource family homes the amount of the monthly payment shall be based on the needs of the eligible child for supervision and care.(e) The department shall review and may adjust the monthly foster care maintenance rate and the difficulty of care payment rate as needed, but not less frequently than every five years provided that: (1) Effective July 1, 2008, the monthly foster care maintenance basic board rate shall be no less than $529.(2) Effective July 1, 2008, the maximum difficulty of care rate is $570 per month.(f) Resource family homes may be provided with compensation in addition to the basic board rate and difficulty of care payments when the department determines that increased compensation is necessary to ensure timely, appropriate, and stable out-of-home placement for the eligible child. In accordance with departmental procedures these circumstances include but are not limited to siblings placed together; minor mothers and their children, placed in the same resource family home; pregnant youth; and teenagers.(g) Payment shall be for the actual number of days the child is in care. If the child is moved from one placement to another placement, each resource family home shall receive a prorated amount according to departmental procedures.(h) Foster care maintenance payments shall be authorized at the basic board rate unless the child has been determined to be in need of a higher level of care in accordance with section 17-1617-3(f). (1) Within forty-five days of the child's initial entry into out-of-home care, each child shall have a comprehensive health and developmental assessment in accordance with departmental procedures and section 346-HRS.(2) If the initial comprehensive assessment determines 'that the child requires a higher level of care, difficulty of care payments shall be made retroactive to the date of placement.(i) After the comprehensive assessment has been reviewed and the child is found eligible for difficulty of care payments in addition to the basic board rate, the difficulty of care payments shall continue until the next re-determination of the difficulty of care level, regardless of a change in resource family home placement, as long as the resource family or caregiver are able to provide the higher level of care.(j) Foster care maintenance payments may be made during a child's temporary absence from a resource family home if the department's plan with the substitute caregiver is for the child's return to the home. (1) Foster care maintenance payments shall be made as follows: (A) Full payments for no more than fourteen days of absence; and(B) Payments at fifty percent of the foster care maintenance rate for the second fourteen days of absence.(2) Payments shall be discontinued no later than at the end of the twenty-eighth day of absence, or earlier, when a decision is made to discharge the child from the resource family home.(k) Foster care maintenance payments for emergency shelter care may be allowed up to a maximum of thirty days as a protective service to the child when provided in licensed resource family homes. An extension for an additional thirty days may be granted by the department.(l) Foster care maintenance payments shall be provided for an eligible child placed out-of-state, in a home that is licensed by that state, at Hawaii's rate of payment.(m) Foster care related payments shall be authorized in accordance with departmental procedures for eligible children under the department's placement responsibility when the need has been established by the department.(n) Foster care respite care payments shall be authorized in accordance with departmental procedures for eligible children under the department's placement responsibility who are placed in licensed resource homes within the state. Respite care payments are subject to the availability of funds which are limited each fiscal year. Respite care payments may not be available once the total amount allotted for a fiscal year has been expended.Haw. Code R. § 17-1617-13
[Eff DEC 09 2010] (Auth: HRS § 346-14) (Imp: HRS §§ 346-14, 350E, 346- ; 45 C.F.R. §§233.20, 1356.60 )