Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1126, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to make permanent the requirement that the Department of Health conduct criminal history record checks on employees and service providers who are in direct, non-witnessed contact with clients receiving mental health services from the Child and Adolescent Mental Health Division of the Department of Health.

Although Act 146, Session Laws of Hawaii 2000, authorized the Department of Health to conduct criminal history record checks of certain employees, providers, or subcontractors providing mental health services to children and adolescents, section 5 of Act 146 provides that Department of Health's authority to conduct these checks is repealed on June 30, 2001.

Your Committee finds that the children and adolescents receiving services from the Child and Adolescent Mental Health Division of the Department of Health are a sensitive population who may be more susceptible to abuse or neglect than others. Individuals whose positions place them in direct, private contact with this population must be appropriately screened to determine their suitability for those positions. A criminal history record check is a screening tool that helps employers make appropriate suitability determinations. Your Committee believes that repealing the sunset date of Department of Health's authority to conduct these checks will protect the children and adolescents receiving services from Child and Adolescent Mental Health Division, and ensure that employees and service providers are responsible individuals.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1126, S.D. 1, and recommends that it pass Third Reading.