REPORT TITLE:
Approp.; Child Protection


DESCRIPTION:
Appropriates funds for various programs and services for the
protection of children and families.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2446
THE SENATE                              S.B. No.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


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

 
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 1      As a coordinated response, the roundtable cohesively
 
 2 designed a comprehensive strategy comprised of community-based
 
 3 programs to prevent child abuse.  Reflective of the phases of the
 
 4 family life cycle, the approach provides children and parents
 
 5 with the education and support necessary for healthy family
 
 6 functioning.
 
 7                              PART II
 
 8         DEPARTMENT OF HEALTH ADMINISTRATIVE EXPENDITURES
 
 9      SECTION 2.  The legislature finds that section 321-341,
 
10 Hawaii Revised Statutes, permits the department of health to
 
11 conduct multidisciplinary and multiagency reviews of child deaths
 
12 in order to reduce the incidence of preventable child deaths.
 
13 The primary intent of child death reviews is to gain a better
 
14 understanding about deaths resulting from, among other things,
 
15 child abuse and neglect.  An accurate understanding of the cause
 
16 of death allows for the creation of more effective and earlier
 
17 prevention policies in order to avoid future deaths of Hawaii's
 
18 children and youth.  Prevention efforts which are based upon
 
19 accurate data can be evaluated to assure more effective outcomes
 
20 for Hawaii's children.
 
21      SECTION 3.  The department of health is authorized to
 
22 establish and fill one and one-half permanent professional
 
23 positions exempt from chapters 76 and 77, Hawaii Revised
 

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

 
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 1 much thereof as may be necessary for fiscal year 2000-2001, for
 
 2 the establishment of three full-time equivalent (3.00 FTE)
 
 3 permanent deputy attorney general positions and support staff for
 
 4 the family law division of the department of the attorney
 
 5 general; provided that the department of human services shall
 
 6 annually reimburse the department of the attorney general
 
 7 $60,000, or thirty-three and one-third per cent of the total
 
 8 appropriation, from federal funds.
 
 9      SECTION 9.  The sum appropriated shall be expended by the
 
10 department of the attorney general for the purposes of this Act.
 
11                              PART IV
 
12                    CONSULTANT MEDICAL SERVICES
 
13      SECTION 10.  The legislature finds that medical case
 
14 management of child protective services children is complicated
 
15 and should be improved.  While child welfare services has amended
 
16 its procedures to comply with Act 134, Session Laws of Hawaii
 
17 1998, and Acts 153 and 271, Session Laws of Hawaii 1999, the
 
18 demands for service, examinations, communication, and follow-up
 
19 continue to increase.
 
20      The purpose of this Part is to appropriate funds to
 
21 establish procedures for meeting the health needs of foster
 
22 children, including using consultant medical services.
 
23      SECTION 11.  The department of human services is authorized
 

 
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 1 to establish procedures for meeting the health needs of foster
 
 2 children, including using consultant medical services.
 
 3      SECTION 12.  There is appropriated out the general funds of
 
 4 the State of Hawaii the sum of $          , or so much thereof as
 
 5 may be necessary for fiscal year 2000-2001, to establish
 
 6 procedures for meeting the health needs of foster children,
 
 7 including contracting for consultant medical services.
 
 8      SECTION 13.  The sum appropriated shall be expended by the
 
 9 department of human services for the purpose of this Act.
 
10      SECTION 14.  There is appropriated out of the general funds
 
11 of the State of Hawaii the sum of $          , or so much thereof
 
12 as may be necessary for fiscal year 2000-2001, to fill eleven
 
13 vacant public health nursing positions within the department of
 
14 health for the implementation of the medical and health case
 
15 management system.
 
16      SECTION 15.  The sum appropriated shall be expended by the
 
17 department of health for the purposes of this Act.
 
18                              PART V
 
19                   HAWAII CHILDREN'S TRUST FUND
 
20      SECTION 16.  The Hawaii children's trust fund, chapter 350B,
 
21 Hawaii Revised Statutes, was established in 1993 to serve as a
 
22 medium for a public-private partnership for family strengthening
 
23 to prevent child abuse and neglect.  The fund makes grants to
 

 
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 1 private, nonprofit organizations, public agencies, or qualified
 
 2 persons in order to provide community-based services and
 
 3 education designed to strengthen families and prevent child abuse
 
 4 and neglect.  The fund also serves as a mechanism to maximize
 
 5 financial resources for this endeavor by serving as a repository
 
 6 for federal and state funds, as well as private contributions
 
 7 from corporations and other businesses, foundations, individuals,
 
 8 and other interested parties.
 
 9      The purpose of this Part is to appropriate funds to the
 
10 Hawaii children's trust fund for child abuse and neglect
 
11 prevention services.
 
12      SECTION 17.  There is appropriated out of the general
 
13 revenues of the State of Hawaii the sum of $          , or so
 
14 much thereof as may be necessary for fiscal year 2000-2001, for
 
15 the Hawaii children's trust fund, established under section
 
16 350B-2, Hawaii Revised Statutes.
 
17      SECTION 18.  The sum appropriated shall be expended by the
 
18 department of health for the purposes of this Act.
 
19                              PART VI
 
20                           HEALTHY START
 
21      SECTION 19.  The legislature finds that the prevention of
 
22 child abuse and neglect of young children during their formative
 
23 years is imperative as research on early brain development
 

 
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 1 indicates that "by age three, a child who has been seriously
 
 2 abused or neglected bears scars that are difficult, if not
 
 3 impossible, to erase."
 
 4      The legislature further finds that the Healthy Start program
 
 5 has been an integral factor in mitigating the number of child
 
 6 abuse cases in the State by providing intensive support to
 
 7 at-risk families from the onset.  In fact, the rate of children
 
 8 hospitalized for abuse and neglect on Oahu is four times higher
 
 9 per thousand, among families who do not receive support from
 
10 Healthy Start.  However, the legislature also finds that funding
 
11 for Healthy Start has been reduced by thirty per cent, and a
 
12 "sister program," Mother Infant Support Team, was cut entirely.
 
13      The legislature recognizes the importance of funding these
 
14 programs that provide necessary services to children and their
 
15 families.  Although hospital-based risk screening is proposed to
 
16 be increased to reach all families of newborns, as part of the
 
17 Felix consent decree, there is no provision for funds for
 
18 services for families identified as at-risk through this process.
 
19      The purpose of this Part is to appropriate funds for
 
20 services for families identified as "at risk".
 
21      SECTION 20.  There is appropriated out of the general
 
22 revenues of the State of Hawaii the sum of $         , or so much
 
23 thereof as may be necessary for fiscal year 2000-2001, for the
 

 
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 1 Healthy Start program for services for families identified as
 
 2 "at-risk".
 
 3      SECTION 21.  The sum appropriated shall be expended by the
 
 4 department of health for the purposes of this Act.
 
 5                             PART VII
 
 6                SUBSTANCE ABUSE TREATMENT SERVICES
 
 7        FOR PREGNANT AND PARENTING WOMEN AND THEIR FAMILIES
 
 8      SECTION 22.  The legislature finds that families are the
 
 9 foundation upon which our society is built.  Mothers, in
 
10 particular, have a profound influence as the ones responsible in
 
11 large part for the development and growth of their children.
 
12      Substance abuse can have a devastating effect on families,
 
13 especially if the mother has a substance abuse problem.  A
 
14 substance-abusing mother would not be able to discern whether a
 
15 child is in need of protection from harm or abuse.  In fact, a
 
16 substance-abusing mother may not even be aware that she is the
 
17 one responsible for harming her own child.
 
18      The purpose of this Part is to increase funding for
 
19 substance abuse treatment services to assist pregnant women,
 
20 mothers, and their families involved in the child protective
 
21 services system.
 
22      SECTION 23.  The purpose of this section is to ensure the
 
23 availability of substance abuse treatment for pregnant and
 

 
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 1 parenting women and their families through department of human
 
 2 services functions and services.  Implementation of section 22 of
 
 3 this Act during the fiscal year 2000-2001 shall be funded from
 
 4 the appropriation authorized under this section, and shall
 
 5 provide the following services:
 
 6      (1)  Comprehensive substance abuse treatment
 
 7           services, including six certified
 
 8           substance abuse counselors and training
 
 9           for program staff                           $          
 
10      (2)  Assessments                                 $          
 
11      There is appropriated out of the general revenues of the
 
12 State of Hawaii the sum of $          , or so much thereof as may
 
13 be necessary for fiscal year 2000-2001, to provide substance
 
14 abuse treatment services for pregnant and parenting women and
 
15 their families.
 
16      SECTION 24.  The sum appropriated shall be expended by the
 
17 department of health for the purposes of this Act.
 
18      SECTION 25.  The purpose of this section is to ensure the
 
19 availability of substance abuse treatment for pregnant and
 
20 parenting women and their families through department of health
 
21 functions and services.  Implementation of this section during
 
22 the fiscal year 2000-2001, shall be funded from the appropriation
 
23 authorized under this section, and shall provide the following
 

 
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 1 services:
 
 2      (1)  Babysafe                                    $          
 
 3      (2)  Early intervention
 
 4      (3)  Treatment services, including
 
 5           therapeutic living and intensive
 
 6           outpatient treatment
 
 7      (4)  Special residential treatment facility
 
 8      (5)  Unfunded beds
 
 9      (6)  Maui intensive outpatient treatment
 
10           programs
 
11      (7)  Oahu intensive outpatient treatment
 
12           programs
 
13      There is appropriated out of the general revenues of the
 
14 State of Hawaii the sum of $         , or so much thereof as may
 
15 be necessary for fiscal year 2000-2001, to provide substance
 
16 abuse treatment services for pregnant and parenting women and
 
17 their families.
 
18      SECTION 26.  The sum appropriated shall be expended by the
 
19 department of health for the purposes of this Act.
 
20                             PART VIII
 
21                       BLUEPRINT FOR CHANGE
 
22      SECTION 27.  The legislature finds that one of the
 
23 recommendations of a 1994-1996 task force on child protective
 

 
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 1 services reform was to implement a community partnership for
 
 2 child protection.  A major component of this partnership was to
 
 3 be the establishment of the neighborhood place to deliver
 
 4 diversion services and child protective services to targeted
 
 5 families.
 
 6      The neighborhood place provides a community-based center for
 
 7 services and community support for abused or neglected children
 
 8 and their families as well as for families at-risk of child
 
 9 abuse.  Each neighborhood place has been patterned around the
 
10 needs of the specific community and has included a physical site
 
11 for these families to work with private and public service
 
12 providers.  A wide range of services and resources are available
 
13 from early response to continued services for families already
 
14 facing problems.
 
15      Limited start-up funding for neighborhood place sites in
 
16 West Hawaii and Waipahu were obtained through local foundation
 
17 grants and federal Title IVB moneys.  However, without continued
 
18 funding for the pilot period, the neighborhood places will not be
 
19 able to model the system reform that the task force and the
 
20 legislature recommended.
 
21      The purpose of this Part is to appropriate funds to develop
 
22 and maintain the two neighborhood places that currently exist.
 
23      SECTION 28.  There is appropriated out of the general
 

 
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 1 revenues of the State of Hawaii the sum of $          , or so
 
 2 much thereof as may be necessary for fiscal year 2000-2001, for
 
 3 staffing and services for the neighborhood places.
 
 4      SECTION 29.  The sum appropriated shall be expended by the
 
 5 department of human services for the purposes of this Act.
 
 6                              PART IX
 
 7                          FOSTER PARENTS
 
 8      SECTION 30.  The department of human services is responsible
 
 9 for ensuring that prospective foster and adoptive parents are
 
10 prepared for their new roles.  As such, the department is
 
11 responsible for administering a training program for all foster
 
12 parents and adoptive parents seeking general certification or
 
13 approval as parents.
 
14      The legislature finds that the Foster PRIDE/Adopt PRIDE
 
15 program is a competency-based, comprehensive pre-service training
 
16 and assessment program for prospective foster and adoptive
 
17 parents, which has been recognized by the department of human
 
18 services.  This program can provide the basis for a training
 
19 program for prospective foster and adoptive parents in the State.
 
20      The purposes of this Part are to allow the department of
 
21 human services to contract with a provider to:
 
22      (1)  Increase the pool of foster homes and adoptive homes
 
23           for better matching of children in need of out-of-home
 

 
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 1           care; and
 
 2      (2)  Strengthen the quality of family foster care and
 
 3           adoptive services by providing a standardized,
 
 4           consistent framework for the competency-based training,
 
 5           preparation, and selection of foster parents and
 
 6           adoptive parents.
 
 7      SECTION 31.  There is appropriated out of the general
 
 8 revenues of the State of Hawaii the sum of $          , or so
 
 9 much thereof as may be necessary for fiscal year 2000-2001, for:
 
10      (1)  Foster parent training for foster parents of licensed
 
11           foster homes;
 
12      (2)  Foster parent training for relative foster parents of
 
13           special licensed foster homes; and
 
14      (3)  Follow-up foster parent training for foster parents of
 
15           licensed foster homes.
 
16      SECTION 32.  There is appropriated out of the general
 
17 revenues of the State of Hawaii the sum of $          , or so
 
18 much thereof as may be necessary for fiscal year 2000-2001, to
 
19 increase foster board payments for children with special needs.
 
20      SECTION 33.  The sum appropriated shall be expended by the
 
21 department of human services for the purposes of this Act.
 
22                              PART X
 
23                   PSYCHOSOCIAL SUPPORT SERVICES
 

 
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 1      SECTION 34.  The legislature finds that intervention
 
 2 services are a key factor in preventing stressful situations in
 
 3 the home from escalating to unmanageable proportions.  The
 
 4 legislature finds that two programs--the parent line and home
 
 5 reach--have been successful in providing a healthy outlet for
 
 6 families to express their concerns and anger with regard to child
 
 7 management, development, and behavior.  Both programs have been
 
 8 successful in giving much-needed support and respite to families.
 
 9      The parent line provides counseling, support, and community
 
10 referrals to over four thousand parents and caregivers that have
 
11 questions regarding their childrens' development and behavior.
 
12 Home Reach provides short-term home visitation to four hundred
 
13 families identified through the parent line as being at risk for
 
14 social, emotional, or behavioral programs.  Those persons using
 
15 the services of the home reach program require family
 
16 intervention beyond a phone call to resolve a family parenting
 
17 concern or crisis.
 
18      The legislature finds that the parent line and home reach
 
19 are overburdened due to the increase in the number of clients
 
20 requiring their services.
 
21      The purpose of this Part is to appropriate the necessary
 
22 funds to broaden the scope of the parent line and home reach to
 
23 properly service the needs of the community.
 

 
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 1      SECTION 35.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $          , or so
 
 3 much thereof as may be necessary for fiscal year 2000-2001, to
 
 4 increase the capacity of the parent line and home reach services
 
 5 to properly service the needs of the community.
 
 6      SECTION 36.  The sum appropriated shall be expended by the
 
 7 department of health for the purposes of this Act.
 
 8      SECTION 37.  All specified sums in this Act shall be in
 
 9 addition to the respective departmental budgets.
 
10      SECTION 38.  This Act shall take effect on July 1, 2000.