STAND. COM. REP. NO. 3016

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2536
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Education and Technology, to which was
referred H.B. No. 2536, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO CHILD AND ADOLESCENT MENTAL
     HEALTH,"

begs leave to report as follows:

     The purpose of this measure is to make an emergency
appropriation for child and adolescent mental health.

     This measure appropriates additional general fund and
special fund moneys to the DOH for fiscal year 1999-2000 to allow
the child and adolescent mental health division to continue to
provide services to certain emotionally disturbed children and
adolescents.

     This measure is recommended by the Governor for immediate
passage in accordance with the state constitution.

     Your Committee received testimony in support of this measure
from the Department of Health (DOH).

     According to the DOH, unanticipated increases in the cost to
serve children and adolescents who are severely emotionally
disturbed, and obligations associated with the consent decree in
Felix v. Cayetano will increase the expenditures of the Child and
Adolescent Mental Health Division beyond amounts authorized for
fiscal year 1999-2000.

 
a                                                     HB2536 SD1
                                                      
                                   STAND. COM. REP. NO. 3016
                                   Page 2



     Your Committee also received testimony from many Pearl City
residents and community organizations expressing concern about
the proposal from the DOH to establish a juvenile sex offender
treatment facility on the campus of Waimano Home.

     The Chair of the Pearl City Neighborhood Board testified
that the DOH did not hold informational meetings in the community
until after the State was committed to constructing the $1.5
million facility at Waimano Home.  Additionally, the DOH master
plan for Waimano Home, completed in 1992 with extensive community
input, made no reference to a juvenile sex offender treatment
facility.

     Other testifiers pointed out that the request for proposal
(RFP) issued by the DOH for a contractor to operate the facility
did not include any requirements for security measures to ensure
the protection of students and the community.  In fact, the RFP
only provides for client safety and security and requires that
seclusion and restraint are not to be used and further states
that the goal is to establish services in the least restrictive
environment.

     Your Committee also notes that the 1995 Hawaii Juvenile Sex
Offender Master Plan, created jointly by the DOH, the Department
of Human Services (DHS), the Department of Education (DOE), the
Office of Children and Youth, and the Judiciary, states the
following:

     (1)  Juvenile justice and/or social service systems have a
          primary responsibility to protect the safety and
          well-being of the community from further victimization
          by adolescents who have exhibited sexually abusive
          behavior;

     (2)  Community safety takes precedence over any other
          conflicting consideration, and ultimately is in the
          best interest of the sexually abusive youth;

     (3)  Treatment providers must be responsible to society; and

     (4)  Community protections must be the highest priority.

     It is clear that the DOH violated all of these provisions of
the Master Plan in planning for the Waimano facility.

     Your Committee further notes that returning youthful sexual
offenders to Hawaii to receive services will increase the cost of
providing services.  In addition to the $1.5 million in
construction funds, the DOH responded that they currently pay

 
a                                                     HB2536 SD1
                                                      
                                   STAND. COM. REP. NO. 3016
                                   Page 3


$400 per student per day to provide services on the mainland, and
is budgeting $500 per student per day for services in Hawaii.

     Your Committee finds that while the DOH acted legally in the
development of this facility, it violated every moral tenet of
community involvement and public trust.  Furthermore, your
Committee agrees with the community that placing such a facility
adjacent to two schools is unacceptable.

     Accordingly, upon further consideration, your Committee has
amended this measure by:

     (1)  Providing that for the purposes of the child and
          adolescent mental health program and for the program
          for services provided to certain emotionally disturbed
          children and adolescents:

          (A)  None of the appropriations shall be expended for
               any sex offender treatment programs located within
               3,000 feet of a school campus in Hawaii; and

          (B)  A minimum of ten per cent of the funds
               appropriated and expended by the Department of
               Health for any new treatment or service programs,
               shall be expended for the purpose of conducting
               process and outcome evaluations of these programs;

     (2)  Requiring these process and outcome evaluations to be
          conducted for the Department of Health by an
          independent evaluator;

     (3)  Requiring the Department of Health to submit reports of
          these process and outcome evaluations to the
          Legislature prior to the convening of the Regular
          Session of 2002; and to the Auditor, at any time, upon
          the request of the Auditor;

     (4)  Directing the Auditor to monitor the conduct of these
          process and outcome evaluations and to report its
          findings and recommendations to the Legislature or the
          Department of Health, or both, whenever or as deemed
          necessary; and

     (5)  Prohibiting the Department of Health from relocating
          any emotionally disturbed child or adolescent from the
          mainland to Hawaii unless the service provider agrees
          that it is in the best interests of the child and
          treatment is less costly in Hawaii.


 
a                                                     HB2536 SD1
                                                      
                                   STAND. COM. REP. NO. 3016
                                   Page 4


     As affirmed by the record of votes of the members of your
Committee on Education and Technology that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 2536, H.D. 1, as amended herein, and recommends that
it be referred to the Committee on Ways and Means, in the form
attached hereto as H.B. No. 2536, H.D. 1, S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Education and
                                   Technology,



                                   ______________________________
                                   DAVID Y. IGE, Chair

 
a                                                     HB2536 SD1