HB 1282: RELATING TO CERTIFIED CAREGIVERS.

A BILL FOR AN ACT

RELATING TO CERTIFIED CAREGIVERS.

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

     SECTION 1.  Section 321-11.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of health is authorized to certify adult foster homes for individuals with developmental or intellectual disabilities requiring care beyond the individual's eighteenth birthday.  "Adult foster home" means a private family home providing care on a twenty-four hour basis to adults with developmental or intellectual disabilities.  To be certified, an adult foster home shall house not more than two adults with developmental or intellectual disabilities who are unrelated to the certified caregiver at the same time.  The director of health may waive the two-adult limit for certification of that home as an adult foster home; provided that the total number of adults with developmental or intellectual disabilities in the home shall not exceed three adults with developmental or intellectual disabilities who are related or unrelated to the certified caregiver.

     For the purposes of this subsection:

     "Certified caregiver" means an individual who is [twenty-one] eighteen years of age or older, resides in an adult foster home, and has been issued by the department a valid certificate of approval to provide care, training, and supervision on a twenty-four hour basis to adults with developmental or intellectual disabilities.

     "Related" means connected by legal guardianship, trusteeship, blood, marriage, or a legal relationship between the certified caregiver and the adult with developmental or intellectual disabilities."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Adult Foster Homes; Certified Caregiver; Minimum Age

Description:

Lowers the minimum age for certified caregivers for adult foster homes from twenty-one to eighteen.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to certified caregivers.

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

     SECTION 1.  Section 321-11.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of health is authorized to certify adult foster homes for individuals with developmental or intellectual disabilities requiring care beyond the individual's eighteenth birthday.  "Adult foster home" means a private family home providing care on a twenty-four hour basis to adults with developmental or intellectual disabilities.  To be certified, an adult foster home shall house not more than two adults with developmental or intellectual disabilities who are unrelated to the certified caregiver at the same time.  The director of health may waive the two-adult limit for certification of that home as an adult foster home; provided that the total number of adults with developmental or intellectual disabilities in the home shall not exceed three adults with developmental or intellectual disabilities who are related or unrelated to the certified caregiver.

     For the purposes of this subsection:

     "Certified caregiver" means an individual who is [twenty-one] eighteen years of age or older, resides in an adult foster home, and has been issued by the department a valid certificate of approval to provide care, training, and supervision on a twenty-four hour basis to adults with developmental or intellectual disabilities.

     "Related" means connected by legal guardianship, trusteeship, blood, marriage, or a legal relationship between the certified caregiver and the adult with developmental or intellectual disabilities."

     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.

Report Title:

Adult Foster Homes; Certified Caregiver

Description:

Lowers the minimum age that a certified caregiver for an adult foster home must be from twenty-one to eighteen.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  448

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1282

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Health, to which was referred H.B. No. 1282 entitled:

"A BILL FOR AN ACT RELATING TO CERTIFIED CAREGIVERS,"

begs leave to report as follows:

     The purpose of this measure is to lower the minimum age for a certified caregiver for an adult foster home from twenty-one to eighteen.  

     Your Committee received testimony in support of this measure from the State Council on Developmental Disabilities; ILWU Local 1000; Sebastian's ARCH LLC; Providing Healthy Homecare for Hawaii - PH3; and six individuals.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that the children of families who run adult foster homes often grow up alongside the residents, resulting in young adults who have a unique bond with the individuals they care for.  Your Committee further finds that the individuals often need part-time jobs to help support their families.  Lowering the minimum age for a certified caregiver for an adult foster family home to eighteen will enable adult foster homes to address staffing shortages and enable these young adults to make a meaningful contribution to their community.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1282, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1282, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,