Don't Say “NO” Until You “KNOW”

Revised

Revised 6/2017

Don’t Say “NO”

Until You “KNOW”

A Guide for Caregivers to Promote Normalcy and

Well-Being for Children and Young People in

Foster Care

Presented by the State of Hawai‘i’s

Department of Human Services

Child Welfare Services

Revised

Revised 6/2017

INTRODUCTION

To “know” means knowing policy and it especially means knowing

the child/young person’s needs and maturity level. Parental

decision making about normalcy requires good judgement.

Resource Caregivers and Child Caring Institution (CCI) caregivers

shall use the reasonable and prudent parent standard in

determining whether to give permission for children/ young people

to participate in age or developmentally appropriate extracurricular,

social, and cultural activities.

The CWS Worker and the Resource Caregiver and/or CCI

caregiver shall work together to ensure activities and opportunities

for children/young people who are in foster care.

These questions and answers are presented as a guide and does

not cover every situation or scenario. Please connect with your

social worker or the child/young person GAL/CASA for answers

about something not covered in this document or for further

clarification.

*Disclaimer regarding Hawai‘i Administrative Rules (HAR) and Hawai‘i

Revised Statutes (HRS) in this document: They do not include all laws and may

change so please due diligence and check if HAR and HRS have changed.

Revised

Revised 6/2017

EXTRACURRICULAR, SOCIAL, CULTURAL AND SPIRITUAL ACTIVITIES

Question 1: Are children/young people who are in foster care

allowed to participate in sports activities and

attend other social activities/functions?

Answer: Yes. ALL children/young peoples who are in foster care, whether they

are in a resource family home or in a Child Caring Institution, need and deserve

the opportunities and experiences appropriate to their age and maturity. This

includes participation in social activities, dating, recreational, school dances,

cultural, religious and community activities. A child/young person’s participating in

sports, whether it is through their school or in their community is a normal part of

being a child.

Permission and encouragement of the child/young person, is dependent on his or

her age and maturity level, to engage in appropriate social and extracurricular

activities in order to promote social development, if approved, have contact with

family members, have access to phone usage, have reasonable curfews, and

travel with other youth or adults.

Hawaii Revised Statutes 587A Child Protective Act

587A-42 Educational, medical, dental and recreational needs. Upon the first day of placement, a

child’s resource family shall have the authority, for the child placed in the resource family’s care:

(1) To consent to routine educational and recreational needs and activities.

Hawaii Administrative Rules Title 17-1625 Licensing of Resource Family Homes for Children and

Hawaii Administrative Rules 17-1627 Licensing of Child Caring Institutions

Hawaii Administrative Rules 17-1625-36 Member of Resource Family Home. (a) A foster child

shall be cared for as a family member.

Hawaii Administrative Rules 17-1625-41 Recreation and Social Activities. (a) A well balanced

daily program including time for rest appropriate to the child’s age, regular meal hours, and

recreation shall be provided for the foster child. (b) The resource family shall cooperate with

agency, or with the legal custodian in independent placements, to encourage the child to

participate in social and recreational activities in the community.

Hawaii Administrative Rules 17-1625-44 Religion and Culture. The religious faith and cultural

heritage of each child shall be respected. The child shall be provided the opportunity to attend the

church, temple, Sunday school, and religious and cultural activities of the child’s legal custodian,

or in their absence, of the child’s choice.

Hawaii Administrative Rules 17-1627-33 Social life and leisure time. (a) The program shall

provide appropriate age and developmental socialization opportunities for the child. (b) Visit with

legal custodians, relatives, or friends shall be encouraged and opportunities shall be provided for

the visits when the visits are in the best interest of the child. (c)Visitation shall not be used as a

means of discipline or reward.

Revised

Revised 6/2017

Question 2: Can a child/young person go surfing and/or body

boarding, swimming, diving (ocean/water activities)?

Answer: Yes. The Resource Caregiver or the Child Caring Institution staff will

need to know the child/young person’s experience and ability, to do this activity

before they can give their permission. The level of supervision will depend on age

of the child/young person and the ability of child/young person to swim.

In Hawaii, ocean/water activities are very common for families. These activities

vary on the level of safety and risk, the Resource Caregivers or the Child Caring

Institution staff will need to know and understand the inherent risk and the young

person’s ability and experience in the particular area to participate in the higher

risk activities before they can give their permission.

Question 3: Do the individuals who participate in community,

cultural, and extracurricular activities with the child/young

person have to undergo a background clearance before the

child/young person can participate in the activity?

Answer: No. Background screening of individuals is not a requirement for a

child/young person’s participation in community, cultural and extracurricular

activities. Only the licensed Resource Caregiver(s), where the child or youth is

placed and all adult household members residing with the resource caregiver(s)

will need to meet licensing requirements of fingerprinting, Hawaii State Criminal

History Background Clearance and the Child Abuse and Neglect (CA/N)

clearance. The criminal history and background requirements are in licensing

rules and Hawaii Revised Statute.

Refer to Hawaii Administrative Rules (HAR) 17-1625 Licensing of Resource Family Homes for

Children §17-1625-17 Personal qualifications required.

Hawaii Revised Statutes (HRS) §346-17 Child placing organizations, child caring institutions, and

resource family homes; authority over, investigation of, and standards for.

(j)

The department or its designee shall request:

(1)

A criminal history record check through the Hawaii criminal justice data center on all

operators, employees, and new employees of child care institutions, child placing

organizations, and resource family homes, including all adults residing in the resource

family homes, subject to licensure pursuant to section 846-2.7; and

(2)

A child abuse and neglect registry check on all operators, employees, and new employees of

child care institutions, child placing organizations, and adults residing in a

resource family home subject to licensure in accordance with departmental

procedures.

Revised

Revised 6/2017

Question 4: Is there funding available through the Department to

help pay for some of the costs of extracurricular activities?

Example: community football, dance lessons, cheerleading, etc.

Answer: Yes. Resource Caregivers may ask the child/young person’s social worker

for assistance in helping pay the cost of extracurricular activities. The worker will

look at availability of funds through the Department’s payment system as well as

through the *Enhancement funds and *Ho’ola Na Mana’o (Friends of Children’s

Justice Center) funds. *limited funding amount available each year

Question 5: What liability does a Resource Caregiver and on-site

Child Caring Institution (CCI) staff have in allowing a child/young

person to participate in age appropriate activities?

Answer: A Resource Caregiver and on-site Child Caring Institution staff are not

liable for harm caused to a child/young person who participates in an activity

approved by the Resource Caregiver or on-site CCI staff provided that the

caregiver or on-site staff has acted in accordance with the reasonable and

prudent parent standard. Additionally, the caregiver and on-site staff is required

to promote normalcy for the child/young person to the fullest extent possible and

shall allow the child/young person to participate in age- appropriate activities at

home, in school, and in the community. (Preventing Sex Trafficking and

Strengthening Families Act (P.L. 113-183/H.R. 4980 Section 111 Supporting

Normalcy for Children in Foster Care).

Hawaii Revised Statutes (HRS) §346-17 Child placing organizations, child caring institutions, and

resource family homes; authority over, investigation of, and standards for.

“Qualified Immunity”-As defined in HRS 346-17 Any resource caregiver or child caring institution issued a

certificate of approval pursuant to this section shall be immune from liability in a civil action to recover damages

for injury, death, or loss to a person or property that results by authorizing a child in the caregiver’s or

institution’s foster care to participate in an extracurricular, enrichment, cultural, or social activity; provided that

the authorization is in accordance with the reasonable and prudent parent standard as defined in title 42 united

States Code section 675 (10) (A).

Question 6: Does a birth parent’s wishes have to be followed if

they disagree with an activity involving their child/young person?

Answer: The birth parent’s wishes are to be considered and brought before the

Family Court, the GAL, and parent’s attorney, for decision on our recommendation

that the child/young person participate in an activity that the parent disagrees with.

The matter should be taken before the FCT. Parents have rights while their child is in

FC and if they object, we have an obligation to have it heard before the FCT.

The Department and Resource Caregivers shall be sensitive to the input of the child/

young person’s parents as to the types of activities they would like their child/young

Revised

Revised 6/2017

person to participate in, and whenever possible, include them in the decision making.

Also, normalcy activities cannot override case plans or other court-ordered

requirements. For example, if a Resource Caregiver’s family vacation would cause a

child/young person to miss a scheduled visit with a birth parent, the agency and the

Resource Caregiver shall work with the birth parent for an alternate visit schedule.

Question 7: Are birth parents allowed to come to their child/young person’s

school functions, sports activities, cultural and religious functions?

Answer: Yes. Birth parent involvement in their child/young person’s daily life is

encouraged, however Resource Caregivers shall first consult with the child/young

person’s CWS worker and/or GAL prior to allowing any type of contact.

Hawaii Administrative Rules 17-1625-47 Preservation of Family (a) A primary function of resource families

will be to ensure contact with siblings, biological parents, relative, kith and kin. (b) With the exception of

relationships explicitly prohibited by a family court, resource families shall encourage foster children to

maintain these pre-existing family relations.

Hawaii Administrative Rules 17-1627-33 Social life and leisure time. (a) The program shall provide

appropriate age and developmental socialization opportunities for the child. (b) Visit with legal custodians,

relatives, or friends shall be encouraged and opportunities shall be provided for the visits when the visits are

in the best interest of the child. (c)Visitation shall not be used as a means of discipline or reward.

Question 8: Do the children/young people placed in Child Caring

Institutions have the right to participate in community, extracurricular and

social activities just like children/young people placed in resource homes?

Answer: Yes, the role of an identified Child Caring Institution (CCI) staff is no different

than that of the Resource Caregiver when it comes to ensuring that the young people in

care are provided with normalcy by providing them with opportunities to participate in age

appropriate community and extracurricular activities.

Each Child Caring Institution licensed by the Department shall identify someone to be the

"caregiver" responsible for making such decisions for each child in their care. A person

must be identified as the caregiver, not a committee or an office.

Hawaii Administrative Rules 17-1627-33 Social life and Leisure time. (a) The program shall provide

appropriate age and developmental socialization opportunities for the child. (d) The leisure time needs of

the child shall be met by a program that: (1) Is flexible, well rounded, and is appropriate for the child’s stage

of development; (2) Allows the child freedom of choice in selecting leisure time activities; (3) Allows the

child, where possible, to become an active participant in appropriate community groups; and (4) Recognizes

the need for the child to be alone at times.

Question 9: Can children/young people in resource homes and Child Caring

Institutions attend church and cultural activities of their choice?

Answer: Yes. Children/young people who are in foster care are allowed to attend their

church and participate in cultural activities significant to them and experience these

activities either with or without adult supervision with the permission of their resource

caregiver. Resource Caregivers assess the age and level of maturity of the child/young

person who is in foster care to approve unsupervised attendance to church and cultural

Revised

Revised 6/2017

activities.

Hawaii Administrative Rules Title 17-1625 Licensing of Resource Family Homes for Children and

Hawaii Administrative Rules 17-1627 Licensing of Child Caring Institutions

Hawaii Administrative Rules (HAR) 17-1625-44 Religion and Culture. The religious faith and

cultural heritage of each child shall be respected. The child shall be provided the opportunity to attend the

church, temple, Sunday school, and religious and cultural activities of the child’s legal custodian, or in their

absence, of the child’s choice.

Hawaii Administrative Rules 17-1627-32 Religion and culture. (a) The institution shall have a written

statement regarding religious practices within the institution. (b) The institution shall be responsible for

providing children with opportunities for religious education and experience not in conflict with the expressed

wishes of the person having a right to determine the child’s religious practices. (c) The institution shall

recognize, encourage, and support the child’s religious beliefs, cultural heritage, and language.

Question 10: Are children/young people who are in foster care

allowed to attend or have sleepovers with friends or relatives?

Answer: Yes. The children/young people who are in foster care may have

sleepovers with friends or relatives up to two days with the Resource Caregiver’s

approval. Resource Caregivers shall use the reasonable and prudent parent

standards in determining whether to give permission for sleepovers.

*A Resource Caregiver shall not approve sleepovers if there is a court order or

service plan (see Section 1 paragraph 5 Pre-existing court order) that would prevent

sleepovers or the child’s CWS worker has instructed that sleepovers shall not occur

with a specific person(s).

Some helpful guidelines for overnight stays:

Resource Caregivers should talk to the parents where the child/young person

is spending the night to avoid relying on child to child communication for all

information. Who is going to be in the home? Confirm pick up and drop off times and

locations. What are the plans for the evening? Pet or food allergies, medications

required to take. If plans change, ensure they know to call so you can give verbal

approval. Make a plan if the child/young person becomes uncomfortable. Exchange

phone numbers with the parents. Give the child/young person YOUR phone number.

Hawaii Administrative Rules (HAR) 17-1625-46 Child’s absence from resource home. This rule

supports normalcy for children and youth in foster care by stating, “When a child is to be absent from

the resource family home overnight or longer, WITH THE EXCEPTION OF SLEEP-OVERS WITH

FRIENDS OR RELATIVES OF UP TO TWO DAYS WITH RESOURCE FAMILY APPROVAL.”

Question 11: For a child/young person in foster care to stay overnight

at a friend’s house, do the adults living or staying in the friend’s house

have to undergo a Child Abuse and Neglect (CA/N) and

Hawaii State Criminal History Check?

Answer: No. The friend’s parents are not considered resource caregivers and do

not need a background check. Only the Resource Caregivers and adoptive parents,

their adult household members, and staff at Child Caring Institutions are required to

undergo background checks.

Hawaii Administrative Rules (HAR) 17-1625 Licensing of Resource Family Homes for Children

§17-1625-17 Personal qualifications required.

(b) The agency receiving the application shall conduct criminal history, child abuse and neglect (CA/

N) registry checks, background, and any other checks deemed necessary, such as employment

Revised

Revised 6/2017

checks, on applicants, employees, and household members.

Hawaii Revised Statutes (HRS) §346-17 Child placing organizations, child caring institutions, and

resource family homes; authority over, investigation of, and standards for.

(j)

The department or its designee shall request:

(1)

A criminal history record check through the Hawaii criminal justice data center on all operators,

employees, and new employees of child care institutions, child placing organizations, and

resource family homes, including all adults residing in the resource family homes, subject to

licensure pursuant to section 846-2.7; and

(2)

A child abuse and neglect registry check on all operators, employees, and new

employees of child care institutions, child placing organizations, and adults residing in a

resource family home subject to licensure in accordance with departmental procedures.

TRAVEL

Question 12: Can a child/young person travel with their Resource

Caregivers to the Neighbor Island or out of state?

Answer: Yes, with approval from CWS, the Family Court, the GAL, and the parents.

Resource Caregivers are encouraged to take their child/young person on vacation

with them.

This does require advance planning with the Resource Caregiver, the CWS worker

and Family Court as there may be several steps that will need to happen in order for

the child/young person to travel (see process below). Informing the parents ahead of

time of the travel plans and explaining how the child/young person will benefit from

the experience will help the parents feel comfortable consenting and supporting their

child’s traveling.

Below are the Procedures for Child Welfare Services regarding children/young

people traveling with their resource caregiver.

Voluntary Foster Care: for children/young people traveling off island or out of state

with the resource caregiver, the child’s worker must make efforts to inform the

parents and obtain their consent. If parents do not consent, the child/young person

cannot travel. If parents are in agreement that the child may travel, the CWS worker

will obtain signed written consent from the parents.

Foster Care (court case): For a child/young person to travel off island or out of state

with a resource caregiver, the child’s worker must make efforts to inform the parents

and obtain consent. If the parent’s consent and the CASA/GAL is in agreement, the

Department will inform the court that there are no objections by the parents and

CASA/GAL and provide the court with the travel dates and destination, purpose of

trip and where the child/younger person and resource caregiver will be staying.

If there is an objection by the parents or the CASA/GAL to the child/young person

traveling with the resource caregiver, the Department must ask the Department of

Attorney General (DAG) to file a motion. The Family Court will hear the matter and

render a decision on whether the child/young person can travel.

**For Emergency travel, contact your child’s social worker immediately.

Revised

Revised 6/2017

***International travel will require significantly more advance planning.

If funding is needed to pay for the child/young person’s airfare for neighbor island

and/or mainland travel, please talk to the CWS worker as DHS can assist with the

airfare for a child/young person to go on vacation with the resource caregiver.

LBGTQ

Question 13: Does the prudent parenting standard apply to the

Lesbian, gay, bisexual, transgender and questioning (LGBTQ)

children/young people?

Answer: Yes. Normalcy and prudent parenting standards apply to all children/

young people who are in foster care and are no different for the children/young

people who identify as LGBTQ.

Ensuring that the Resource Caregiver and/or the Child Caring Institution is

welcoming to all differences, including race, ethnicity, disability, religion, gender, and

sexual orientation, will help ensure that all children/young people in resource homes

and/or Child Caring Institutions feel safe and that they can grow into adults who

embrace diversity in all of its forms.

Question 14: Is part of providing normalcy for the LGBTQ child/

young person assisting the child/young person to “see” that

they are not really LGBTQ?

Answer: No. LGBTQ identity cannot be changed. Medical and psychological experts

agree that attempting to change someone’s sexual orientation or gender identity

does not work and often causes harm.

It is crucial for the child/young person’s development and well-being that resource

caregivers and Child Caring Institution staff support/allow LQBTQ children/young

people to express their identity and show acceptance and understanding of their

sexual orientation.

Resource Caregivers and Child Caring Institution staff shall work with the CWS

worker in finding supportive services, such as peer support groups or other

community resources that would help to ameliorate feelings of isolation and

depression for an LGBTQ child/young person.

Revised

Revised 6/2017

PRIVILEGES FOR OLDER YOUTH IN CARE

Question 15: Are children/young people who are in foster care

allowed to participate on Facebook or other age-appropriate

social media?

Answer: Yes. Children/young people can participate in social media, including

Facebook (13+) with the permission of the Resource Caregiver and depending on

the age of the child, supervision of their Resource Caregiver; this includes young

people placed in Child Caring Institutions.

Some common forms of social media are Facebook, and messaging services such

as Kix, Instagram, Twitter, Snapchat, video-sharing services such as YouTube and

photo sharing services such as Flickr.

Social media can be used to socialize and communicate and help you do things, for

example, get a message to many people at once, or find a job, but you may not have

thought about some of the problems it can cause for you.

What can Resource Caregivers and Child Caring Institution staff do to help the child/

young person who are using various forms of social media? Educate them about

some of the unintended consequences of posting information.

Share with the child/young person that they need to think before posting information,

including photos or videos online, or sending them to friends. Explain to the young

person that their privacy is important. There may be negative consequences for the

child/young person now as well as in the future as once it is out there it can be in

many places that you don’t even think about. Their friends can copy what the child/

young person post and send it to people that they don’t know who can then send it to

even more people. This information, videos and photos that the child/young person

sends to their friends could be sent on to other people without the child/young

person’s knowledge or permission.

Please refer to handouts: “Social Media: Tips for Youth in Foster Care” from The

Child Welfare Information Gateway and “Resource Caregivers and Child Caring

Institution staff can Help Protect Children/Young People: Use and Safety

Consideration of Social Networking Websites” taken from the National Crime

Prevention Council.

Revised

Revised 6/2017

Question 16: Are children/young people who are in foster care allowed

to have cell phones?

Answer: Yes. A child/young person who is in foster care may have a cell phone.

Consideration should be given to the method of payment for obtaining and maintaining

the cell phone before making a decision and insurance coverage on the phone is

encouraged. As with any family unit, considerations as to whether the child/young person

gets a cell phone includes responsibility, available funds to purchase the phone and

monthly cost. Some young people could buy their own cell phone. Some biological

parents may be willing to buy a cell phone for their child/young person who is in foster

care. There is no expectation for a Resource Caregiver to use their personal funds to

purchase the cell phone.

There are a variety of methods that child/young person may obtain and pay for a

cell phone which include: the child/young person may have a cell phone that is part of the

contract with their biological family, the Resource Caregiver has agreed to add the child/

young person on their own family cell phone plan, the child/young person has a prepaid

or pay-as-you-go plan, or the child/young person has his/her own individual contract.

According to the Pew Research Center’s Internet & American Life Project , “Teens and Technology 2013”

Smartphone adoption among American teens has increased substantially and mobile access to the internet

is pervasive. One in four teens are “cell-mostly” internet users, who say they mostly go online using their

phone and not using some other device such as a desktop or laptop computer. These are among the new

findings from a national survey of 802 teens ages 12-17 and their parents which shows that.

of teens now have a cell phone, and almost half (47%) of those own smartphones. That translates

into 37% of all teens who have smartphones, up from just 23% in 2011.

One in four teens (23%) have a tablet computer, a level comparable to the general adult population.

Nine in ten (93%) teens have a computer or have access to one at home. Seven in ten (71%) teens with

home computer access say the laptop or desktop they use most often is one they share with other family

members.

Mobile access to the internet is common among American teens, and the cell phone has become an

especially important access point for certain groups:

About three in four (74%) teens ages 12-17 say they access the internet on cell phones, tablets, and

other mobile devices at least occasionally.

One in four teens are “cell-mostly” internet users — far more than the 15% of adults who are cell-mostly.

Among teen smartphone owners, half are cell-mostly.

Older girls are especially likely to be cell-mostly internet users; 34% of teen girls ages 14-17 say they

mostly go online using their cell phone, compared with 24% of teen boys ages 14-17. This is notable since

boys and girls are equally likely to be smartphone owners.

Among older teen girls who are smartphone owners, 55% say they use the internet mostly from their

phone.

Main Findings of the survey: Fully 95% of teens are online, a percentage that has been consistent since

2006. Yet, the nature of teens’ internet use has transformed dramatically during that time — from stationary

connections tied to desktops in the home to always-on connections that move with them throughout the

day. In many ways, teens represent the leading edge of mobile connectivity, and the patterns of their

technology use often signal future changes in the adult population. Teens are just as likely to have a cell

phone as they are to have a desktop or laptop computer. And increasingly these phones are affording

teens always-on, mobile access to the internet — in some cases, serving as their primary point of access.

Smartphone ownership among teens has grown substantially since 2011; 37% of American youth ages 12-

17 now have a smartphone, up from 23% in 2011. Tablets are also taking hold, as close to one in four

teens say they have one of these devices. Taken together, teens have more ways than ever to stay

connected throughout the day — and night.

Revised

Revised 6/2017

Question 17: How do you know if a child/young person is

ready for a cell phone?

Answer: When considering if a child/young person is ready for a cell phone, his/her

age is as important as his/her maturity level; ability to follow your (and the school’s’)

rules, and being responsible. A child/young person’s being technologically savvy may

not have the ability and good judgment to use a cell phone, you may need to say, “No,

not yet.”

Here are some questions to consider:

Does the child/young person show a sense of responsibility, such as letting you

know when they going to be late because they have something after school?

Does the child/young person tend to lose things, such as backpacks or homework

folders?

Does the child/young person need to be in touch for safety reasons?

Would having easy access to friends benefit them for social reasons?

Do you think the child/young person will use the cell phone responsibly-for

example, not texting during class or disturbing others with their phone conversations?

Can they adhere to limits you set for minutes talked and apps downloaded?

Will they use text, photo, and video functions responsibly and not to embarrass or

harass others? (Please see in one of question and answer, how resource caregivers can

educate the child/young person about the use of social media).

Question 18: Can children/young people who are in foster care receive

an allowance?

Answer: Yes. Earning an allowance teaches children/young people the value and use of

money, a skill they will need in the future.

Hawaii Administrative Rules 17-1625-42 Discipline and Guidance. (f) The foster child shall be provided an

allowance and/or earned privileges as practiced by the resource family with their own children.

Question 19: Are children/young people that reside in Child Caring

Institution allowed to earn an allowance? Does the facility pay the

allowance out of contract money that they receive?

Answer: Yes. The Child Caring Institution where children/young people reside may

provide opportunities for children/young people to learn the value and use of money

through the giving of an allowance, provision of opportunity for earning, spending, and

saving. If the Child Caring Institution has a process for giving young people an allowance,

the facility shall include in their process a means of keeping children/young people's

money secure and a record of monies being held for children/young people. The Child

Caring Institution shall ensure that the children/young people’s allowance is kept separate

from the facility's financial accounts.

Revised

Revised 6/2017

Question 20: Are children/young people who are in foster care allowed

to attend functions without adult supervision?

Answer: Yes. Resource Caregivers and the identified Child Caring Institution staff

should encourage their child/young person to participate in community, school,

recreational and cultural activities that are appropriate to their age and development.

Resource Caregiver and the Child Caring Institution staff shall use the prudent

parent standards to determine what activity would not require adult supervision.

Question 21: Can young people who are in foster care date

or attend the prom?

Answer: Yes. Resource Caregivers can help the young person understand healthy

dating practices by assisting with recognizing healthy and unhealthy behavior, developing

coping skills for addressing jealousy and anger, recognizing when a relationship may no

longer be working, and knowing how to end a relationship.

Prom can feel like a rite of passage for young people and the high school prom is usually

the first formal event in the lives of young people. Attending prom can be both exciting

and stress producing, it can provide an opportunity for the young person, Resource

Caregiver, and peers, to collaborate in the development of planning for the event and

engaging in communicate about logistics, behavior and contingencies.

Some additional Guidelines for Resource Caregivers and Child Caring Institution staff on young people

dating

Meet the date. Confirm transportation arrangements (who is driving, etc.). Confirm pick up and

drop off times. What are the plans for the evening? If date is driving, verify driver’s license. If plans

change, ensure they know to call before they make the changes. Make a plan with the young person if

they become uncomfortable. Give the young person YOUR phone number. Get the date’s phone number.

If funding is needed to help pay the cost of prom, the CWS worker will look at availability of funds through

the Department’s payment system as well as through the *Enhancement funds and *Ho’ola Na Mana’o

(Friends of Children’s Justice Center) funds. *limited funding amount available each year

Revised

Revised 6/2017

ACTIVITIES IN PREPARATION FOR ADULTHOOD

Question 22: Can a young person obtain their learner's permit

while in foster care?

Answer: Yes. Allowing a young person to learn to drive and get his/her learner's permit

and subsequently a driver’s license is part of normalcy for adolescents and teenagers.

Question 23: Can the resource caregiver sign for the

young person’s learner permit?

Answer: No. The Department has a process in place for a young person in foster care to

obtain their permit. The Resource Caregiver or the CWS worker can help the young

person complete the application, however the signature for the application is a

Department designee. Please consult with the CWS worker on assisting the young

person to obtain their learner’s permit.

Hawaii Revised Statutes (HRS) 587A-15 (b) If an authorized agency has foster custody it has the following

duties and rights (7) Providing consent for the child’s application for driver’s instructional permit, provisional

driver’s license, or driver’s license.

Hawaii Revised Statutes (HRS) 286-112(a)(3) states that, “The director of human services, or the director’s

designee, shall sign and verify the application of any applicant who is under foster care.” Child Welfare

Services (CWS) Section Administrators (SAs) have been designated as the director’s designee

If the young person is not able to participate in driver’s education through the school due to waiting

list, then Resource Caregivers may ask the CWS worker and GAL/CASA for assistance in helping pay the

cost of private driver’s education. The CWS worker will look at availability of funds through the

Department’s payment system first then look through the *Enhancement Funds, *Ho’ola Na Mana’o

(Friends of Children’s Justice Center) funds, and other enhancement funds. *limited funding amount

available each year, enhancement funds may be different by island.

Question 24: Can a child/young person ride in the back of a truck?

Answer: Not if the child is 12 and under. HRS 291-14 …12 and under are not allowed to

ride in the bed of the truck. It is not against the law for children 13 and above to ride in

the back of a truck.

Question 25: Who pays for the motor vehicle insurance for the

young person?

Answer: The department does not provide, pay or reimburse for motor vehicle

insurance. If a Resource Caregiver allows the young person to drive their vehicle then

they need to make sure that they are added to their insurance policy.

Revised

Revised 6/2017

§346-17.3 Motor vehicle insurance. The parents of a child under foster care who has obtained a driver's

license shall pay the costs of the child's motor vehicle insurance, unless the court determines the parents to

be financially unable to pay the costs, in which case the child's insurance costs shall be paid to pursuant

sections 431:10C-407 and 431:10C-410. [L 2010, c 135, pt of §2].

If the court has determined that parents are unable to pay the car insurance then the car

insurance can be paid through the State welfare office. This would require that the young

person has an automobile in his name.

For a young person who does not have a car in their name, but the Resource Caregiver

allows the young person to drive their vehicle, the Resource Caregiver will need to add

the young person to their insurance policy.

A young person added to a caregiver’s insurance policy may not be a factor that results in

an increase premium. A persons driving record (accidents or violations) and type of

vehicle are reasons that an insurance company can increase an individual’s premium.

Every insurance company may have policies that are written different so resource

caregivers would need to check their policy language when adding a young person on

their car insurance policy. It will be the responsibility of the Resource Caregiver to cover

the cost of the increase premium.

Question 26: Can children/young people ride in a car driven by

another licensed minor?

Answer: Yes. They may ride with other licensed adults and licensed teen drivers with

the permission of their resource caregiver. Resource Caregivers shall use the reasonable

and prudent parent standard in determining whether to give permission. Drivers shall

have the proper equipment in the car (i.e.: in accordance with the law).

Please see Hawaii Revised Statues HRS 286-102.6 Provisional license for person under

the age of eighteen.

Hawaii Revised Statutes 286-102.6 – Provisional license for persons under the age of eighteen

286-102.6 Provisional license for persons under the age of eighteen. (a) A person may be granted a provisional license to

drive passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, and trucks and vans

having a gross vehicle weight rating of fifteen thousand pounds or less if the person:

(1) Is at least sixteen years of age but under the age of eighteen;

(2) Holds an instruction permit and has held the permit for a period of at least one hundred eighty days and there is no pending

proceeding that might result in the suspension or revocation of the instruction permit; and

(3) Satisfactorily completes all requirements of sections 286-108 and 286-109.

(b) The provisional license shall entitle the provisional licensee to drive the class of motor vehicles specified in subsection (a) upon

the roadways of the State; provided that:

(1) The provisional licensee shall have the provisional license in the provisional licensee’s immediate possession while driving;

(2) All occupants of the motor vehicle shall be restrained by safety belts or a child passenger restraint system as required under

sections 291-11.5 and 291-11.6;

(3) The provisional licensee shall not transport more than one person under the age of eighteen, unless the person is, with respect

to the provisional licensee:

Revised

Revised 6/2017

(A) A household member; or

(B) A household member’s foster or hanai child,

without being accompanied and supervised by a licensed driver who is the provisional licensee’s parent or guardian; and

(4) Except as provided in subsection (c), whenever the provisional licensee is driving between the hours of 11:00 p.m. and 5:00

a.m., a licensed driver who is the provisional licensee’s parent or guardian and is licensed to operate the same category of motor

vehicle as the licensee, shall be in the motor vehicle and shall occupy the passenger seat beside the licensee.

(c) A provisional licensee may drive between the hours of 11:00 p.m. and 5:00 a.m. without a licensed parent or guardian in the

motor vehicle under the following conditions:

(1) The provisional licensee is traveling to or from the provisional licensee’s place of employment, operation of the motor vehicle is

necessary for this purpose, and the provisional licensee keeps in the provisional licensee’s possession a signed statement from the

employer containing the employer’s name, address, telephone number, and verification of employment and work hours; or

(2) The provisional licensee is traveling to or from a school-authorized activity of the provisional licensee, operation of a motor

vehicle is necessary for this purpose, and the provisional licensee keeps in the provisional licensee’s possession a signed statement

from a parent or guardian containing the parent’s or guardian’s name, address, and telephone number, and verification that operation

of the motor vehicle by the provisional licensee is necessary to travel to or from the school-authorized activity;

provided that the provisional licensee shall not transport more than one person under the age of eighteen between the hours of 11:00

p.m. and 5:00 a.m. without being accompanied and supervised by a licensed driver who is the provisional licensee’s parent or

guardian.

Question 27: Can a young person work a part time job?

What does the law say about minors working?

Answer: Yes. A young person who is in foster care can obtain part time employment as

long as they follow Child Labor Law. Resource Caregivers and Child Caring Institution

staff shall encourage and support the young person to seek part-time employment as

this helps them to learn life skills, build work ethics and learn money management. The

Resource Caregiver and Child Caring Institution staff can assist the young person to

balance work, school, and household responsibilities.

Resource Caregivers and Child Caring Institution staff shall assist the young

person to address any barriers to employment, like transportation. When possible,

provide transportation to and from the young person’s employment or ensure that the

young person has a way to and from work. Depending on the CWS unit, the young

person can obtain a bus pass from the CWS worker or the Resource Caregiver will need

to purchase a bus pass and get reimbursed from the Department. Please check with

your young person’s CWS worker for how they handle bus passes for young people.

Resource Caregivers that provide transportation to and from the young person’s work can

claim mileage.

Child Labor Law

§390-2 Employment of minors under eighteen years of age. (a) No minor under eighteen years of age

shall be employed or permitted to work in, about, or in connection with any gainful occupation at any time

except as otherwise provided in this section. In no event, however, shall the minor be permitted to be

employed or permitted to work in, about, or in connection with adult entertainment or any gainful occupation

prohibited by law or which has been declared by rule of the director to be hazardous for the minor.

(b)

A minor who has attained the age of sixteen years but not eighteen years may be employed during

periods when the minor is not legally required to attend school or when the minor is excused by school

authorities from attending school; provided that the employer of the minor records and keeps on file the

number of a valid certificate of age issued to the minor by the department.

(c)

A minor who has attained the age of fourteen years but not sixteen years may be employed or

permitted to work:

(1)

During periods when the minor is not legally required to attend school or when the minor is excused

by school authorities from attending school;

(2)

If the employer of the minor procures and keeps on file a valid certificate of employment;

(3)

No more than five hours continuously without an interval of at least thirty consecutive minutes for a

rest or lunch period;

Revised

Revised 6/2017

(4)

Between 7:00 a.m. and 7:00 p.m. of any day; provided that during any authorized school break, the

minor may be employed between 6:00 a.m. and 9:00 p.m.;

(5)

No more than six consecutive days;

(6)

No more than eighteen hours in a calendar week during which the minor is legally required to attend

school, and no more than forty hours in a calendar week during which the minor is not

legally required to attend school or when the minor is excused by school authorities from

attending school;

(7)

No more than three hours on any school day; and

(8)

No more than eight hours on any non-school day.

(d)

A minor under fourteen years of age may be employed or permitted to work in theatrical employment

or in harvesting of coffee under circumstances and conditions prescribed by the director by rule; provided

that:

(1)

The work is performed during periods when the minor is not legally required to attend school or

when the minor is excused by school authorities from attending school;

(2)

With respect to employment in harvesting of coffee, the director has determined after a public

hearing that sufficient adult labor to perform the work is unavailable; and

(3)

The employer of the minor procures and keeps on file a valid certificate of employment. [L 1969, c

162, pt of §2; am L 1977, c 86, §1; gen ch 1985; am L 2003, c 61, §3]