Haw. Code R. § 17-1625-2

Current through November, 2024
Section 17-1625-2 - Definitions

For the purpose of this chapter:

"Agency" or "child-placing agency" means a child-placing organization or the department's child welfare services branch.

"Agency placement" means placement of a foster child in a resource family home through the department's child welfare services branch or other child-placing agency.

"Applicant" means any adult person who makes a written request to the department or a licensed child-placing agency to be approved as a resource family home.

"Application" means a written request on the department or the child-placing agency's form to care for children for the purpose of foster care.

"Certificate of approval" or "license" means a certificate or license to operate a resource family home issued to the resource family by the department or a licensed child-placing organization.

"Child-caring institution" or "group home" means any institution or group home licensed by the department, for the purpose of receiving six or more unrelated minor children for temporary substitute supervision, care, and maintenance apart from their legal custodians on a twenty-four hour basis for monetary payment. This term shall not apply to any boarding school which is primarily engaged in educational work or to any resource family home, detention facility, forestry camp, training school, or facility operated primarily for the detention of delinquent children. This term shall also exclude public child care institutions that accommodate more than twenty five children.

"Child-placing organization or agency" means any person, agency, or organization engaged in the assessment, placement, and supervision of children in foster care which has been authorized by statute, or delegated the authority by the department to approve resource family homes and adoptive homes.

"Child specific home" is a home licensed for a specific child, pursuant to chapter 17-1617, HAR.

"Criminal history record check" means an examination of an individual's criminal history record through fingerprint analysis and name inquiry into state and national criminal history record files, including, but not limited to, the files of the Hawaii criminal justice data center; provided that the information obtained shall be used exclusively for the purposes under this chapter and shall be subject to, applicable federal and state laws and regulations.

"Department" means the department of human services.

"Employee" means an individual employed by the resource family to work in the resource family's home.

"Foster care" and "foster care services" means temporary substitute supervision, care, and maintenance apart from the child's legal custodians on a twenty-four hour basis for monetary payment in a licensed resource family home, or group home licensed by the department or other appropriate agency, to an eligible child pursuant to chapter 17-1617, HAR, whose legal custodians are unwilling or unable to provide a safe family home for the child's safety, welfare and protection as determined by the department pursuant to the child protective act.

"Foster child" means any child under eighteen years of age who is in out-of-home care, pursuant to Chapter 17-1617, HAR.

"Foster family boarding home" or "foster home" means a "resource family home" which has met the state licensing requirements in chapter 17-1617, HAR, in which minor children are received for temporary substitute supervision, care and maintenance apart from their legal custodians on a twenty-four hour basis for monetary payment.

"Foster parent(s)" means a "resource family" who is :

(1) Licensed by the department to provide temporary safe foster care services for children under the jurisdiction of the department in out-of-home care; and

(2) Paid foster care maintenance payments by the department for such services.

"Group home" means a "child-caring institution" as defined above in this section.

"Household member" means any individual residing in the resource family home, including but not limited to renters and boarders.

"Independent foster home" means a licensed "independent resource family home" which receives foster children for temporary substitute supervision, care and maintenance apart from their legal custodians on a twenty-four hour basis for monetary payment from sources other than a child-placing agency.

"Independent placement" means placement of a child into a licensed resource family home directly by the child's legal custodian, and not through a child-placing agency.

"Legal custodian" means the child's biological parent(s), adoptive parents, permanent custodian(s) legal guardian(s), or other entities that have legal and physical custody of the child.

"Provisional certificate of approval" means a temporary certificate issued at the discretion of the department for a period usually not exceeding sixty days to any resource family home which has met the essential safety requirements but which has not fully met all licensing requirements at the time the certificate is issued.

"Resource family home" means a home which has met the state licensing requirements in chapter 17-1617, HAR, in which minor children are received for temporary substitute supervision, care and maintenance apart from their legal custodians on a twenty-four hour basis for monetary payment.

"Resource family" or "resource caregiver" means a family or person who is:

(1) Licensed by the department to provide temporary safe foster care services for children under the jurisdiction of the department in out-of-home care; and

(2) Paid foster care maintenance payments by the department for such services.

"Resource family training" means instruction in special skills and knowledge to care for foster children as required and approved by the department.

Haw. Code R. § 17-1625-2

[Eff DEC 09 2010] (Auth: HRS §§ 346-14, 346-17, 346-19.6) (Imp: HRS §§ 346-16, 346-17)