REPORT TITLE:
Approp.; Child Protection


DESCRIPTION:
Appropriates funds for various programs and services for the
protection of children and families. (HB1367 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1367
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

MAKING APPROPRIATIONS FOR THE PROTECTION OF CHILDREN AND
   FAMILIES.


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

 1                              PART I.
 
 2      SECTION 1.  The purpose of this Act is to ensure that a
 
 3 continuum of services for the prevention of child abuse is
 
 4 available.
 
 5      The legislature is committed to preventing child abuse
 
 6 before it occurs.  Since child abuse is a complex problem with a
 
 7 multitude of causes, Hawaii's response to prevention must respond
 
 8 to a range of needs.
 
 9      During the interim of the regular session of 1998, child
 
10 protection legislative roundtable discussions were convened to
 
11 suggest statutory, guideline, rule, regulation, and other changes
 
12 to improve Hawaii's child protective system.  Legislators, the
 
13 departments of human services, health, and the attorney general,
 
14 the judiciary, private non-profit child and family serving
 
15 agencies, and concerned individuals communicated and collaborated
 
16 with one another, on behalf of abused and neglected children and
 
17 their families, to develop formal and informal mechanisms for
 
18 working together.
 

 
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 1      As a coordinated response, the roundtable cohesively
 
 2 designed a comprehensive strategy to prevent child abuse.
 
 3 Reflective of the phases of the family life cycle, the approach
 
 4 provides children and parents with the education and support
 
 5 necessary for healthy family functioning.
 
 6                              PART II
 
 7         DEPARTMENT OF HEALTH ADMINISTRATIVE EXPENDITURES
 
 8      SECTION 2.  The legislature finds that section 321-341,
 
 9 Hawaii Revised Statutes, permits the department of health to
 
10 conduct multidisciplinary and multiagency reviews of child deaths
 
11 to reduce the incidence of preventable child deaths.  The primary
 
12 intent of child death reviews is to gain a better understanding
 
13 about deaths resulting from, among other things, child abuse and
 
14 neglect.  An accurate understanding of the cause of death allows
 
15 for the creation of more effective and earlier prevention
 
16 policies in order to avoid future deaths of Hawaii's children and
 
17 youth.  Prevention efforts which are based upon accurate data can
 
18 be evaluated to assure more effective outcomes for Hawaii's
 
19 children.
 
20      The purpose of this part is to establish permanent positions
 
21 to assure continuous implementation of child death review teams.
 
22      SECTION 3.  The department of health is authorized to
 
23 establish and fill one and one-half permanent professional
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 positions exempt from the provisions of chapters 76 and 77,
 
 2 Hawaii Revised Statutes, to carry out the purposes of section
 
 3 321-341, Hawaii Revised Statutes.
 
 4      SECTION 4.  There is appropriated out of the general
 
 5 revenues of the State of Hawaii the sum of $1 or so much thereof
 
 6 as may be necessary for fiscal year 1999-2000 and the sum of $1
 
 7 or so much thereof as may be necessary for fiscal year 2000-2001
 
 8 for the establishment of one and one-half full-time equivalent
 
 9 (1.5 FTE) positions and operating expenses to assure continuous
 
10 implementation of the child death review teams.
 
11      The sums appropriated shall be expended by the department of
 
12 health for the purposes of this part.
 
13                             PART III
 
14  DEPARTMENT OF THE ATTORNEY GENERAL ADMINISTRATIVE EXPENDITURES
 
15      SECTION 5.  The purpose of this part is to appropriate funds
 
16 to establish and fill three permanent deputy attorney general
 
17 positions to carry out the purposes of chapter 587, Hawaii
 
18 Revised Statutes.
 
19      SECTION 6.  The department of the attorney general is
 
20 authorized to establish and fill three full-time equivalent (3.0
 
21 FTE) permanent deputy attorney general positions exempt from the
 
22 provisions of chapters 76 and 77, Hawaii Revised Statutes, to
 
23 carry out the purposes of chapter 587, Hawaii Revised Statutes.
 

 
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 1      SECTION 7.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $1 or so much thereof
 
 3 as may be necessary for fiscal year 1999-2000 and the sum of $1
 
 4 or so much thereof as may be necessary for fiscal year 2000-2001
 
 5 for the establishment of three full-time equivalent (3.00 FTE)
 
 6 permanent deputy attorney general positions, and support staff
 
 7 for the family law division of the department of the attorney
 
 8 general; provided that the department of human services shall
 
 9 annually reimburse the department of the attorney general thirty-
 
10 three and one-third per cent of the total appropriation, from
 
11 federal funds.
 
12      The sums appropriated shall be expended by the department of
 
13 the attorney general for the purposes of this part.
 
14                              PART IV
 
15               MEDICAL/HEALTH CASE MANAGEMENT SYSTEM
 
16      SECTION 8.  The legislature finds that medical case
 
17 management of child protective services children is complicated
 
18 and could be improved.  While child welfare services has amended
 
19 its procedures to comply with Act 134, Session Laws of Hawaii
 
20 1998, demands for service, examinations, communication, and
 
21 follow-up continue to increase.
 
22      The purpose of this part is to appropriate funds to
 
23 establish a medical/health case management system.
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      SECTION 9.  The department of human services is authorized
 
 2 to establish and fill one half-time equivalent (0.5 FTE)
 
 3 permanent physician position exempt from the provisions of
 
 4 chapters 76 and 77, Hawaii Revised Statutes, to carry out the
 
 5 purposes of chapter 587, Hawaii Revised Statutes.
 
 6      SECTION 10.  There is appropriated out of the general
 
 7 revenues of the State of Hawaii the sum of $1 or so much thereof
 
 8 as may be necessary for fiscal year 1999-2000 and the sum of $1
 
 9 or so much thereof as may be necessary for fiscal year 2000-2001
 
10 for the establishment of one half-time equivalent (0.5 FTE)
 
11 permanent physician position for ongoing consultation and
 
12 forensic review of cases to prevent further child abuse and
 
13 neglect; provided that funds be designated to a child protection
 
14 multidisciplinary team for the implementation of the
 
15 medical/health case management system.
 
16      The sums appropriated shall be expended by the department of
 
17 human services for the purposes of this part.
 
18      SECTION 11.  There is appropriated out of the general
 
19 revenues of the State of Hawaii the sum of $1 or so much thereof
 
20 as may be necessary for fiscal year 1999-2000 and the sum of $1
 
21 or so much thereof as may be necessary for fiscal year 2000-2001
 
22 to fill eleven vacant public health nursing positions within the
 
23 department of health for the implementation of the medical/health
 
24 case management system.
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      The sums appropriated shall be expended by the department of
 
 2 health for the purposes of this part.
 
 3                              PART V
 
 4                   HOSPITAL-BASED RISK SCREENING
 
 5      SECTION 12.  The legislature finds that child abuse
 
 6 prevention and neglect among young children during their
 
 7 formulative years are imperative as research on early brain
 
 8 development indicates that "by age three, a child who has been
 
 9 seriously abused or neglected bears scars that are difficult, if
 
10 not impossible, to erase."
 
11      The legislature further finds that the department of health
 
12 has been an integral factor in mitigating the number of child
 
13 abuse cases in the State by providing intensive support to at-
 
14 risk families from the onset.  In fact, the rate of children
 
15 hospitalized for abuse and neglect on Oahu is four times higher
 
16 per thousand, among families who do not receive support from the
 
17 department.  However, the legislature also finds that funding for
 
18 these programs has been reduced by thirty per cent, and similar
 
19 programs have been cut entirely.
 
20      The legislature recognizes the importance of funding
 
21 programs that provide necessary services to children and their
 
22 families.  Although hospital-based risk screening is proposed to
 
23 be increased to reach all families of newborns as part of the
 

 
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 1 Felix consent decree, there is no provision for funds for
 
 2 services for families identified as at-risk through this process.
 
 3      The purpose of this part is to appropriate funds for
 
 4 services for families identified as "at risk".
 
 5      SECTION 13.  There is appropriated out of the general
 
 6 revenues of the State of Hawaii the sum of $1 or so much thereof
 
 7 as may be necessary for fiscal year 1999-2000 and $1 or so much
 
 8 thereof as may be necessary for fiscal year 2000-2001 for
 
 9 hospital-based risk screening services for families identified as
 
10 "at-risk".
 
11      The sums appropriated shall be expended by the department of
 
12 health for the purposes of this part.
 
13                              PART VI
 
14                SUBSTANCE ABUSE TREATMENT SERVICES
 
15        FOR PREGNANT AND PARENTING WOMEN AND THEIR FAMILIES
 
16      SECTION 14.  The legislature finds that families are the
 
17 foundation upon which our society is built.  Mothers, in
 
18 particular, have a profound influence as being the ones
 
19 responsible in large part for the development and growth of their
 
20 children.
 
21      Substance abuse can have a devastating effect on families,
 
22 especially if the mother has a substance abuse problem.  A
 
23 substance-abusing mother would not be able to discern whether a
 
24 child is in need of protection from harm or abuse.  In fact, a
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 substance-abusing mother may not even be aware that she is the
 
 2 one responsible for harming her own child.
 
 3      The purpose of this part is to increase funding for
 
 4 substance abuse treatment services to assist pregnant women,
 
 5 mothers, and their families involved in the child protective
 
 6 services system.
 
 7      SECTION 15.  There is appropriated out of the general
 
 8 revenues of the State of Hawaii the sum of $2 or so much thereof
 
 9 as may be necessary for fiscal year 1999-2000 and the sum of $2
 
10 or so much thereof as may be necessary for fiscal year 2000-2001
 
11 to provide substance abuse treatment services for pregnant and
 
12 parenting women and their families as follows:
 
13                                          FY 1999-2000  FY 2000-2001
 
14      (1)  Comprehensive substance abuse
 
15           treatment services, including
 
16           six certified substance abuse
 
17           counselors and training for
 
18           program staff; and                      $1          $1
 
19      (2)  Assessments                              1           1
 
20      The sums appropriated shall be expended by the department of
 
21 human services for the purposes of this part.
 
22      SECTION 16.  There is appropriated out of the general
 
23 revenues of the State of Hawaii the sum of $7 or so much thereof
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 as may be necessary for fiscal year 1999-2000 and the sum of $7
 
 2 or so much thereof as may be necessary for fiscal year 2000-2001
 
 3 to provide substance abuse treatment services for pregnant and
 
 4 parenting women and their families as follows:
 
 5                                          FY 1999-2000  FY 2000-2001
 
 6      (1)  Pre-treatment services for
 
 7           pregnant women, including
 
 8           outreach and screening;                 $1          $1
 
 9      (2)  Early intervention services;             1           1
 
10      (3)  Treatment services, including
 
11           therapeutic living and
 
12           intensive outpatient treatment;          1           1
 
13      (4)  Special residential treatment
 
14           facility;                                1           1
 
15      (5)  Unfunded beds;                           1           1
 
16      (6)  Intensive outpatient treatment
 
17           on Maui; and                             1           1
 
18      (7)  Intensive outpatient treatment
 
19           on Oahu                                  1           1
 
20      The sums appropriated shall be expended by the department of
 
21 health for the purposes of this part.
 
22                             PART VII
 
23              DIVERSION AND CHILD PROTECTION SERVICES
 

 
Page 10                                                    1367
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      SECTION 17.  The legislature finds that one of the
 
 2 recommendations of a 1994-1996 task force on child protective
 
 3 services reform was to implement a community partnership for
 
 4 child protection.  A major component of this partnership was to
 
 5 be the establishment of facilities to deliver diversion services
 
 6 and child protective services to targeted families.
 
 7      These facilities provide a community-based center for
 
 8 services and community support for abused or neglected children
 
 9 and their families as well as for families at-risk of child
 
10 abuse.  Each facility has been based on the needs of the specific
 
11 community and has included a physical site for these families to
 
12 work with private and public service providers.  A wide range of
 
13 services and resources are available from early response to
 
14 continued services for families already facing problems.
 
15      Limited start-up funding for these facilities were obtained
 
16 through local foundation grants and Federal Title IV-B moneys.
 
17 However, without continued funding for the pilot period, these
 
18 facilities will not be able to accomplish the system reform that
 
19 the task force and the legislature recommended.
 
20      The purpose of this part is to appropriate funds to
 
21 establish additional facilities to deliver diversion services and
 
22 child protection services.
 

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      SECTION 18.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $1 or so much thereof
 
 3 as may be necessary for fiscal year 1999-2000 and the sum of $1
 
 4 or so much thereof as may be necessary for fiscal year 2000-2001
 
 5 for staffing and services for facilities to deliver diversion
 
 6 services and child protection services to targeted families.
 
 7      The sums appropriated shall be expended by the department of
 
 8 human services for the purposes of this part.
 
 9                             PART VIII
 
10                    TRAINING FOR FOSTER PARENTS
 
11      SECTION 19.  The legislature finds that the department of
 
12 human services is responsible for ensuring that prospective
 
13 foster and adoptive parents are prepared for their new roles.  As
 
14 such, the department is responsible for administering a
 
15 competency-based, comprehensive pre-service training and
 
16 assessment program for all foster parents and adoptive parents
 
17 seeking general certification or approval as parents.
 
18      The purpose of this part is to allow the department of human
 
19 services to:
 
20      (1)  Increase the pool of foster homes and adoptive homes
 
21           for better matching of children in need of out-of-home
 
22           care; and
 

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (2)  Strengthen the quality of family foster care and
 
 2           adoptive services by providing a standardized,
 
 3           consistent framework for the competency-based training,
 
 4           preparation, and selection of foster parents and
 
 5           adoptive parents.
 
 6      SECTION 20.  There is appropriated out of the general
 
 7 revenues of the State of Hawaii the sum of $1 or so much thereof
 
 8 as may be necessary for fiscal year 1999-2000 and the sum of $1
 
 9 or so much thereof as may be necessary for fiscal year 2000-2001
 
10 for:
 
11      (1)  Foster parent training for foster parents of licensed
 
12           foster homes;
 
13      (2)  Foster parent training for relative foster parents of
 
14           special licensed foster homes; and
 
15      (3)  Follow-up foster parent training for foster parents of
 
16           licensed foster homes.
 
17      SECTION 21.  There is appropriated out of the general
 
18 revenues of the State of Hawaii the sum of $1 or so much thereof
 
19 as may be necessary for fiscal year 1999-2000 and the sum of $1
 
20 or so much thereof as may be necessary for fiscal year 2000-2001
 
21 to increase foster board payments for children with special
 
22 needs.
 

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      SECTION 22.  The sums appropriated shall be expended by the
 
 2 department of human services for the purposes of this part.
 
 3                              PART IX
 
 4                   PSYCHOSOCIAL SUPPORT SERVICES
 
 5      SECTION 23.  The legislature finds that intervention
 
 6 services are a key factor in preventing stressful situations in
 
 7 the home from escalating to unmanagable proportions.  The
 
 8 legislature finds that the department of health has been
 
 9 successful in providing a healthy outlet for families to express
 
10 their concerns and anger with regard to child management,
 
11 development, and behavior, and in giving much-needed support and
 
12 respite to families.
 
13      The department of health provides counseling, support, and
 
14 community referrals to over four thousand parents and caregivers
 
15 that have phoned-in questions regarding their children's
 
16 development and behavior.  The department also provides short-
 
17 term home visitation to four hundred families that have been
 
18 identified through the call-in services as being at-risk for
 
19 social, emotional, or behavioral programs.  Those persons using
 
20 the short-term visitation services require family intervention
 
21 beyond a phone call to resolve a family parenting concern or
 
22 crisis.
 

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      The legislature finds that these services are overburdened
 
 2 due to the increase in the number of clients requiring
 
 3 assistance.
 
 4      The purpose of this part is to appropriate the necessary
 
 5 funds to broaden the scope of these services to properly meet the
 
 6 needs of the community.
 
 7      SECTION 24.  There is appropriated out of the general
 
 8 revenues of the State of Hawaii the sum of $1 or so much thereof
 
 9 as may be necessary for fiscal year 1999-2000 and the sum of $1
 
10 or so much thereof as may be necessary for fiscal year 2000-2001
 
11 to increase the capacity of the phone-in and short-term home
 
12 visitation services to properly meet the needs of the community.
 
13      The sums appropriated shall be expended by the department of
 
14 health for the purposes of this part.
 
15                              PART X
 
16      SECTION 25.  All specified sums in this Act shall be made in
 
17 addition to the respective departmental budgets.
 
18      SECTION 26.  This Act shall take effect on July 1, 1999.