1 1 2 3 SENATE/HOUSE OF REPRESENTATIVES 4 THE 21ST LEGISLATURE 5 INTERIM OF 2001 6 7 8 9 JOINT SENATE-HOUSE INVESTIGATIVE COMMITTEE HEARING 10 OCTOBER 3, 2001 11 12 13 14 Taken at the State Capitol, 415 South Beretania, 15 Conference Room 325, Honolulu, Hawaii, commencing at 16 9:08 a.m. on Wednesday, October 3, 2001. 17 18 19 20 21 BEFORE: SHARON L. ROSS, CSR No. 432 22 23 24 25 RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 2 1 APPEARANCES: 2 3 Senate-House Investigative Committee: 4 Co-Chair Senator Colleen Hanabusa 5 Co-Chair Representative Scott Saiki 6 Vice-Chair Senator Russell Kokubun 7 Vice-Chair Representative Blake Oshiro 8 Senator Jan Yagi Buen 9 Representative Ken Ito 10 Representative Bertha Kawakami 11 Representative Bertha Leong 12 Representative Barbara Marumoto 13 Senator David Matsuura 14 Senator Norman Sakamoto 15 16 Also Present: 17 Special Counsel James Kawashima 18 Ms. Margaret Pereira 19 Dr. Kenneth Charles Gardiner 20 Mr. Michael Stewart 21 22 23 24 25 RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 3 1 I N D E X 2 3 WITNESS: MARGARET PEREIRA 4 EXAMINATION BY: PAGE 5 SPECIAL COUNSEL KAWASHIMA............. 7 6 VICE-CHAIR REPRESENTATIVE OSHIRO...... 39 7 VICE-CHAIR SENATOR KOKUBUN............ 52 8 REPRESENTATIVE ITO.................... 57 9 REPRESENTATIVE KAWAKAMI............... 65 10 SENATOR MATSUURA...................... 76 11 REPRESENTATIVE LEONG.................. 85 12 SENATOR SAKAMOTO...................... 91 13 REPRESENTATIVE MARUMOTO............... 97 14 SENATOR BUEN.......................... 103 15 CO-CHAIR SENATOR HANABUSA............. 106 16 CO-CHAIR REPRESENTATIVE SAIKI......... 127 17 18 WITNESS: DR. KENNETH CHARLES GARDINER 19 EXAMINATION BY: 20 SPECIAL COUNSEL KAWASHIMA............. 139 21 VICE-CHAIR REPRESENTATIVE OSHIRO...... 173 22 SENATOR BUEN.......................... 183 23 REPRESENTATIVE ITO.................... 184 24 REPRESENTATIVE KAWAKAMI............... 186 25 REPRESENTATIVE LEONG.................. 192 RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 4 1 I N D E X, (Continued) 2 3 WITNESS: DR. KENNETH CHARLES GARDINER 4 EXAMINATION BY: PAGE 5 CO-CHAIR REPRESENTATIVE SAIKI......... 195 6 CO-CHAIR SENATOR HANABUSA............. 201 7 8 WITNESS: MICHAEL STEWART 9 EXAMINATION BY: 10 SPECIAL COUNSEL KAWASHIMA............. 215 11 VICE-CHAIR REPRESENTATIVE OSHIRO...... 246 12 VICE-CHAIR SENATOR KOKUBUN............ 253 13 REPRESENTATIVE ITO.................... 258 14 SENATOR BUEN.......................... 261 15 SENATOR KAWAKAMI...................... 267 16 SENATOR SAKAMOTO...................... 276 17 REPRESENTATIVE LEONG.................. 286 18 REPRESENTATIVE MARUMOTO............... 289 19 CO-CHAIR SENATOR HANABUSA............. 290 20 21 22 23 24 25 RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 5 1 PROCEEDINGS 2 CO-CHAIR REPRESENTATIVE SAIKI: Good morning. 3 We would like to call our Joint Investigative Committee 4 to investigate the State's efforts to comply with the 5 Felix Consent Decree to order. We will begin with the 6 roll call. 7 CO-CHAIR SENATOR HANABUSA: Co-Chair Saiki? 8 CO-CHAIR REPRESENTATIVE SAIKI: Present. 9 CO-CHAIR SENATOR HANABUSA: Vice-Chair 10 Kokubun? 11 VICE-CHAIR SENATOR KOKUBUN: Present. 12 CO-CHAIR SENATOR HANABUSA: Vice-Chair 13 Oshiro? 14 VICE-CHAIR REPRESENTATIVE OSHIRO: Here. 15 CO-CHAIR SENATOR HANABUSA: Senator Buen is 16 excused. Representative Ito? 17 REPRESENTATIVE ITO: Present. 18 CO-CHAIR SENATOR HANABUSA: Representative 19 Kawakami? 20 REPRESENTATIVE KAWAKAMI: Present. 21 CO-CHAIR SENATOR HANABUSA: Representative 22 Leong? 23 REPRESENTATIVE LEONG: Present. 24 CO-CHAIR SENATOR HANABUSA: Representative 25 Matsu -- Marumoto? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 6 1 REPRESENTATIVE MARUMOTO: Present. 2 CO-CHAIR SENATOR HANABUSA: Senator Matsuura 3 is excused. Senator Sakamoto is excused. Senator Slom 4 is excused. Co-Chair Hanabusa is here. 5 Co-Chair Saiki, we have a quorum. 6 CO-CHAIR REPRESENTATIVE SAIKI: Thank you 7 very much. Members, first of all, we would like to note 8 that our -- the first witness that was scheduled to 9 appear this morning was Dr. Judith Schrag. With your 10 concurrence, we would like to move this item to the end 11 of our agenda this -- today; and we would like to begin 12 with our -- with Mrs. Margaret Pereira and -- if you'll 13 deliver the oath. 14 CO-CHAIR SENATOR HANABUSA: Mrs. Pereira -- 15 MARGARET PEREIRA: Uh-huh. 16 CO-CHAIR SENATOR HANABUSA: -- do you 17 solemnly swear or affirm that the testimony you are 18 about to give will be the truth, the whole truth, and 19 nothing but the truth? 20 MARGARET PEREIRA: Yes. 21 CO-CHAIR SENATOR HANABUSA: Mrs. Pereira will 22 be questioned by the Committee's legal counsel, 23 Mr. Kawashima. 24 SPECIAL COUNSEL KAWASHIMA: Thank you, Madam 25 Chair. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 7 1 EXAMINATION 2 BY SPECIAL COUNSEL KAWASHIMA: 3 Q. Please state your name and where you live for 4 the record, please. 5 A. Margaret Pereira, Kaneohe, Hawaii. 6 Q. Ma'am -- Ms. Pereira -- is it Ms. Pereira? 7 A. Mrs. 8 Q. Mrs. Pereira, will you tell us -- give us 9 some background as to your work experience? 10 A. I've had about ten years starting in 11 California with a safe house for abused women, then in 12 Hawaii as a residential counselor for Child and Family 13 Service and project coordinator for the team line, 14 Suicide and Crisis Center on the crisis team and -- 15 let's see. At Susannah Wesley I was a therapeutic aide, 16 case manager -- intensive case manager, and family 17 resource specialist with the MST Continuum. And I was 18 the project coordinator under contract from PREL working 19 at Waiahole Elementary School. 20 CO-CHAIR REPRESENTATIVE SAIKI: Excuse me, 21 Mrs. Pereira. Would you please pull the microphone up? 22 We can't really hear. Thank you. 23 Q. (BY REPRESENTATIVE KAWAKAMI) All right. Let 24 me ask you some questions, ma'am, about this -- the 25 information you just gave us. You mentioned being an RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 8 1 intensive care manager -- 2 A. Case manager. 3 Q. Case manager? And for whom was that? 4 A. Susannah Wesley Community Center. 5 Q. During what period of time did you hold that 6 position? 7 A. From October, '99 -- no, '95 until August -- 8 September, '99. 9 Q. All right. 10 A. No, no, October, '95 to September, '99. 11 Q. All right. Now, after 1999, who did you work 12 for? 13 A. Under a PREL grant with a key project in 14 Kahalui. 15 Q. Okay. That was the PREL employment you 16 mentioned earlier? 17 A. Right. 18 Q. And that was for how long? 19 A. Six months. 20 Q. All right. And then after that, '99, 2000, 21 around there -- 22 A. 2000. 23 Q. -- where did you go then? 24 A. To the MST Continuum as a resource 25 specialist. Actually it was under Hawaii Families as RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 9 1 Allies. The MST Continuum contracted Hawaii Families as 2 Allies for a family resource specialist. 3 Q. All right. And that was -- in what period 4 did you remain in that position, ma'am? 5 A. Until the end of this year, August 31st. 6 Q. All right. So, over a year -- one year you 7 were with that project, right? 8 A. Right. 9 Q. Now, let me ask you then about this last 10 employment you had with the MST Continuum research 11 project. 12 A. Uh-huh. 13 Q. Now, you say you worked there for a year and 14 a month? 15 A. Right. 16 Q. And you were a family research specialist? 17 A. Right. 18 Q. What were your duties as a family research 19 specialist? 20 A. I was told, as a family research specialist 21 when we were hired, that we would advocate for the 22 families in making sure they were getting services that 23 they needed; but it sort of overflowed into case 24 management and, I think, somewhat of the therapist 25 position. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 10 1 I have the -- oh, what do you call it? I 2 have the job descriptions here; and I brought it to 3 their attention that a lot of the people were 4 inexperienced that they hired. So, I think I was 5 covering a lot of the case management and part of the 6 therapist's position. 7 Q. In other words, you were doing more than your 8 job called for? 9 A. Yes, and they acknowledged it. 10 Q. All right. We'll get back to that, ma'am. 11 A. Okay. 12 Q. Who was your supervisor there at MST 13 Continuum? 14 A. Clinical supervisor was John Donkervoet. 15 Q. And you say "clinical supervisor." Was there 16 another aspect of supervision provided by someone else? 17 A. We had a medical director, Dr. Terry Lee, and 18 the administrator was Carol Matsuoka. 19 Q. Was there another group involved? I recall 20 the name Hawaii Familes as Allies. 21 A. That was administrative for -- actually, they 22 sort of just wrote the paychecks. 23 Q. I see. Do you understand -- do you know what 24 type of organization that was? 25 A. Hawaii Familes as Allies? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 11 1 Q. Yes. 2 A. I guess it was -- I'm not -- 3 Q. If you don't -- don't guess, ma'am. 4 A. Yeah. 5 Q. Now, you testified, though, that your 6 clinical supervisor was John Donkervoet? 7 A. Yes. 8 Q. Now, was he the overall director of the 9 program also? 10 A. Director of the whole -- in the beginning, we 11 were told he was the overall; and that was the role he 12 took because we took everything to John. 13 Q. All right. And "overall" meaning over all 14 for the MST Continuum? 15 A. Right. 16 Q. And that Continuum, ma'am, was a research 17 project, was it not? 18 A. Right. 19 Q. And it was funded by the department -- Hawaii 20 State Department of Health? 21 A. Yes, that's what we were told. 22 Q. And, in fact, Tina Donkervoet was the head of 23 the child and adolescent mental health division of the 24 state mental -- Department of Health when the MST 25 contract was given to John Donkervoet; is that correct? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 12 1 A. Yes. 2 Q. And do you know if there is any relationship 3 between Mr. Donkervoet and Mrs. Donkervoet, Tina and 4 John? 5 A. Husband and wife. 6 Q. Now, my understanding, ma'am, is that this 7 MST Continuum was a test run or a pilot project for the 8 entire state; is that correct? 9 A. Right, yes. 10 Q. And it was to be used with Felix children? 11 A. Yes. 12 Q. And the research project had a MST group and 13 a comparison non-MST group; is that correct? 14 A. Yes. 15 Q. In other words, when you do a research 16 project, sometimes you want to have a group that's not 17 involved with the actual research that you're doing to 18 see -- to compare later on whether or not the project is 19 effective or not? 20 A. Right. 21 Q. Is that a fair statement? 22 A. Uh-huh. 23 Q. And that's your understanding as to why they 24 had this, what we'll call, comparison group? 25 A. Right, MST and usual services. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 13 1 Q. Usual services? We'll use that word. 2 A. That's the word we were told. 3 Q. All right. Now, is it your understanding, 4 though, ma'am, that as far as the two groups, the MST 5 group on the one hand and the usual services or non-MST 6 group on the other, that the Felix children that were in 7 that group had -- were to be placed there randomly? 8 A. Yes. 9 Q. In other words, not specifically selected for 10 each one; otherwise, you would not have a fair 11 comparison, right? 12 A. Right. 13 Q. Okay. So, do you know or do you have an 14 understanding as to whether or not children were, in 15 fact, specifically placed in a particular group as 16 opposed to being randomly placed? 17 A. I can say what I was told and what I -- 18 Q. Well, tell us that first. 19 A. Okay. That sometimes when the re -- the 20 recruiter, which was generally the crisis case manager, 21 as we called them, would go out and recruit the 22 families, sometimes they were told to switch the 23 envelopes. 24 Q. To switch the envelopes? 25 A. Yes. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 14 1 Q. What do you mean by that? 2 A. There's envelopes that they show the families 3 that would show -- if they decided to stay in and be 4 part of the research, the envelope would either say 5 "usual services" or "MST"; and they knew ahead of time, 6 the recruiters, what -- if the person would be getting 7 usual services or MST. And I was told that they were 8 told to switch the envelopes sometimes. 9 Q. Sometimes. Were you told how often that 10 happened? 11 A. No. 12 Q. And were you told why that was happening? 13 A. Yes, so that it would show that MS -- usual 14 services was taking up a little more money than MST was. 15 Q. I see. Basically, then, to make MST look 16 better? 17 A. Right. 18 Q. Now, were there other problems, ma'am, as to 19 the way the MST research project was run? 20 A. Well, I think I brought my concerns from the 21 beginning about the inexperience of the people that were 22 hired, the therapists and people that they were bringing 23 over from the Mainland. And I said they weren't 24 culturally, you know, competent or sensitive to the 25 culture here and they lacked the experience to know the RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 15 1 process of how to go through the Felix Consent Decree 2 and they knew none of the process of, say, the IEPs or 3 transitioning children or -- they were -- they -- some 4 of them didn't even understand what the DSM-IV was, you 5 know, which surprised -- 6 Q. DSM-IV? 7 A. Which is a book with all the diagnoses in it. 8 When it was brought up, they didn't know; and I somewhat 9 felt bad for some of the therapists. I mean, it was 10 like one, two, three, go; and they didn't even have a 11 clue as to how to begin family therapy. 12 Q. Now, just to be sure, ma'am, we're talking 13 about the same thing, DSM Roman numeral IV -- 14 A. Right. 15 Q. -- that's used in treatment of -- 16 A. Diagnosis. 17 Q. -- diagnoses of -- by psychiatrists and 18 psychologists -- 19 A. Right. 20 Q. -- and people in that area; is that correct? 21 A. Right. And some of the therapists, they were 22 new to the island. They were kind of hesitant in going 23 to some areas in Hawaii where most of the kids -- our 24 families are, being in the lower end. 25 Q. All right. Let me hold off on that for a few RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 16 1 minutes, ma'am. What kind of problems, if any, did you 2 notice in terms of documentation? 3 A. Well, in the beginning, we were told -- 4 everyone was told, you know, there's no paperwork 5 because we didn't have to do service authorizations. 6 There was minor documentation, and then I found that the 7 case managers weren't doing any documentation. 8 And I -- until today, I don't think there is 9 anything. When I went -- you know, when I would go 10 through the files, there's nothing to show they even 11 went out to the home or did anything; and some of the 12 therapists weren't clear on what SOAPing was and, you 13 know, they had to do some training. 14 Q. Okay. Now -- I'm sorry. 15 A. I'm sorry. 16 Q. Let me -- I didn't mean to cut you off, but 17 I -- before I forget to ask you, you used the term 18 "service authorizations." What is that? 19 A. In usual service, if a client wants services, 20 they have to go through a care coordinator and get 21 service authorizations units to show them how many hours 22 they're going to -- they've been authorized to spend 23 with the client and the family; and we didn't get that. 24 Q. This -- what it appears, ma'am, is that the 25 service authorization is just another form of RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 17 1 accountability? 2 A. Right. 3 Q. And there was no -- there were no service 4 authorizations -- 5 A. No. 6 Q. -- that were filled out, to your knowledge? 7 A. No, you don't -- for residential, we ended up 8 doing service auts for residential; but they didn't 9 think we would need that because the Continuum said that 10 we would be -- our goal was not to put kids in 11 residential. 12 Q. The goal was to keep them in MST? 13 A. Right, to keep them at home in the community, 14 in the environment. 15 Q. You used the term, also, scoping. What is 16 that? 17 A. SOAPing. It's how they write out their 18 progress notes. 19 Q. Oh, I see. I see. Subjective, objective -- 20 A. Subjective, objective -- 21 Q. Right. And you also say that the case 22 managers did not keep a chart -- 23 A. No. 24 Q. -- of what they were doing -- 25 A. No. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 18 1 Q. -- with the children? 2 A. No. 3 Q. So, how would one know what type of 4 treatment -- without using names now -- 5 A. Right. 6 Q. -- of the children, how would one know what 7 kind of care was being given, whether it was effective 8 or helping or not? How would one know that? 9 A. By word of mouth. 10 Q. You mentioned, ma'am, Mainland therapists? 11 A. Uh-huh, right. 12 Q. Explain to us a little bit more what you mean 13 by that. 14 A. Well, when they hired -- I think it was two 15 or three therapists, maybe four. When they came over, 16 they -- I asked them how they knew about MST because I 17 had recommended some people that were on the island here 18 and they didn't get the position; and they were hired -- 19 they said they were hired over the Internet. 20 I mean, they looked over the Internet, they 21 made a call, and they got their interview over the 22 phone. And I said, "But you come here with not knowing 23 anything about our culture and our process here is going 24 to take a long time to train and even see if you're fit 25 for a lot of the families here." RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 19 1 Q. Now, these people you're talking about who, 2 according to them, got hired over the Internet -- 3 A. Uh-huh. 4 Q. -- what range are we talking about in terms 5 of numbers that you observed? 6 A. Oh, I know about four. 7 Q. Four. And who -- do you know -- who hired 8 them, if you know? If you don't, please, don't guess. 9 A. Well, this is what they told me. They said 10 John Donkervoet. 11 Q. Mr. Donkervoet? 12 A. Uh-huh. 13 Q. And was it your understanding that people of 14 that experience and skills and education that were being 15 brought down from the Mainland -- that there were no 16 people or -- well, there were no professionals in Hawaii 17 who could provide the same services? 18 A. I knew there were professionals in Hawaii 19 that could provide the same services because I referred 20 them in the beginning. Towards the middle, I didn't 21 anymore. 22 Q. Why not? 23 A. Because I knew where the research was going. 24 Q. Now, the people that came down from the 25 Mainland then, ma'am -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 20 1 A. Right. 2 Q. -- am I to understand every -- all their 3 expenses were paid to move here and work permanently? 4 A. I don't know about their expenses. 5 Q. But these were permanent hires, not part-time 6 or temporary people? 7 A. No, they were permanent. 8 Q. Okay. Now, did you raise complaints about 9 these subjects or these problems that you've testified 10 about? 11 A. Constantly. 12 Q. To whom? 13 A. John Donkervoet; Terry Lee; my supervisor, 14 which was Sharon Nobriga and Vicky Followell; and the 15 South Carolina consultants, Dr. Philippe Cunningham and 16 Dr. Jeff Randall. 17 Q. South Carolina consultants? 18 A. Right. 19 Q. Do you know why they were here? 20 A. Why they -- 21 Q. Why they were brought to Hawaii, South 22 Carolina people? 23 A. They were the consultants for the MST team. 24 That's all I know. 25 Q. Oh, I see. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 21 1 A. We repeat -- we reported every Tuesday and 2 went over the cases with them. 3 Q. And did -- you actually talked to this 4 Dr. Cunningham -- 5 A. Uh-huh. 6 Q. -- and what was the other person's name? 7 A. Jeff Randall. 8 Q. Crandall? 9 A. Randall, R-A-N. 10 Q. And what did you do -- what did you -- well, 11 strike that. 12 A. What did I -- 13 Q. You complained about these problems, you just 14 testified? 15 A. There was a lot of problems. I said there's 16 no accountability and I said people were working that -- 17 I mean, short of saying that they were working and they 18 weren't working, they were saying that they were seeing 19 their clients and they weren't seeing their clients; and 20 this would be reported by the parents that would call 21 me. 22 And a lot of them were just -- and I said I 23 thought the MST model was that they would be seeing the 24 client, you know, at least, on the minimum, three to 25 four hours a week. I mean, they're saying five; but I RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 22 1 thought if it's intensive, it would be more but -- and I 2 knew they weren't -- they weren't doing it. 3 And I said they were marking on their time 4 sheets, which they showed me and they told me, "on 5 call," which you get paid more when you're on standby. 6 And I know they weren't doing -- they weren't doing it. 7 Q. All right. 8 A. They were at home. 9 Q. We'll get to that, ma'am. What kind of 10 response did you get from these people from South 11 Carolina? 12 A. They said to take it to Terry Lee, which I 13 did; and I took it to my supervisors, who also took it 14 to Terry Lee. And when I asked them what their report 15 was after they said that -- they took it to Terry -- I 16 said, because, to me, it constitutes fraud, you know, 17 some -- they're documenting that they're seeing someone 18 and they're not. And I said, you know, I was tired of 19 getting complaints from the parents. 20 And she -- although my supervisors told me 21 that they told Terry, you know, that constitutes fraud; 22 and he said, "Yeah, he knows that but they're trying to 23 clean it up." 24 Q. Who is Terry Lee? 25 A. He is our medical director for MST. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 23 1 Q. He's a physician, MD physician? 2 A. Psychiatrist. 3 Q. Dr. Terry Lee? 4 A. Right. 5 Q. You also took it, you say, to Ms. Nobriga? 6 A. Right. 7 Q. And also took it to Mr. Donkervoet? 8 A. No. 9 Q. You did not? 10 A. No. 11 Q. Oh, I'm sorry. Do you know if anyone did, 12 took those concerns you expressed to them up to the 13 level of Mr. Donkervoet? 14 A. No. I was asked by South Carolina, when I 15 went as far as that, to take -- 16 Q. Consultants? 17 A. Right, to the consultants. I was asked -- 18 they said, "Well, you know, you could take it to Tina." 19 And I thought, well, you know, I'm talking 20 about John and Terry and, you know, where would I go 21 with this? You know, where would I go? I have no.... 22 Q. Now, what happened to this MST Continuum 23 research project, ma'am? 24 A. It closed -- well, partially closed on 25 August 20th. We were called in and said they were RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 24 1 closing down. 2 Q. August 20th of this year? 3 A. Of this year. 4 Q. A little over a month ago? 5 A. Uh-huh. 6 Q. Are you aware, ma'am, as to the two groups 7 within this MST Continuum research project, one being 8 the MST group and the other being the non-MST group or, 9 as you call it, usual services -- 10 A. Uh-huh. 11 Q. -- group, how they compared at the end of 12 that point in time when the project was terminated? 13 A. Well, I can only go by what -- when I talked 14 to one of the researchers and they said the results were 15 the same. If you have a dedicated therapist and -- 16 dedicated honest therapist who followed through with the 17 family, then, you would get the same results. If you 18 empowered the family to know the system and to cooperate 19 with the plan, then, you would get the same results. 20 Q. Now, there were a number of children that 21 were part of that MST Continuum project, right? 22 A. Yes. 23 Q. When the project terminated, what happened to 24 them? 25 A. Well, on the 20th when they told us to start RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 25 1 transitioning -- and I can only say what they told me 2 when we went into a separate meeting with Terry Lee and 3 my supervisors. I was told to start transitioning -- I 4 had two-and-a-half days. 5 Q. Two-and-a-half days? 6 A. Yes. And that I am to go out only with the 7 consultant and the therapist, not to go alone, not to 8 have any contact alone with the families and, after 9 those two-and-a-half days, not to contact the families, 10 not to talk to them, see them, or have anything to do 11 with them. 12 Q. What if they called you and had some 13 concerns? What were you supposed to do? 14 A. I was supposed to give back my cell phone 15 within that time. It's a work cell phone. 16 Q. So that these families would have no one to 17 call? 18 A. They would call maybe the therapist, but not 19 me, if the therapist was still on. 20 Q. I see. 21 A. Right. 22 Q. I see. But you could not communicate with 23 them any longer -- 24 A. Right. 25 Q. -- because they took away your phone? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 26 1 A. Right. 2 Q. Did they, in fact, take away your phone? 3 A. Yes, they made me give it back and -- 4 Q. Do you know how much money was spent on this 5 MST project? 6 A. No, I have no idea. 7 Q. Just based on your knowledge and experience 8 and what you did within the project itself, ma'am, do 9 you feel that money was wasted on this project? 10 A. Yes. 11 Q. Now, moving to another area, you mentioned 12 you worked with the Susannah Wesley Center -- 13 A. Uh-huh. 14 Q. -- is that correct? 15 A. Yes. 16 Q. For how many years? 17 A. Four years. 18 Q. And you -- I think you testified earlier you 19 were an intensive care coordinator? 20 A. Case manager. 21 Q. And what kind of duties and responsibilities 22 did you have, ma'am, as an intensive case manager? 23 A. I think it's the same as a care coord -- what 24 they call a care coordinator today, which is, you know, 25 coordinating services and, you know, doing referrals and RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 27 1 efficacy linkages and doing supportive counseling. 2 Q. I forgot to ask you, ma'am. Did you, in 3 fact, go to these parents and tell them that the MST 4 project was going to be terminated? 5 A. Yes. 6 Q. And what types of response did you get -- 7 without uses names now -- for now, what types of 8 response did you get from these families? 9 A. They wanted to know if it was legal because 10 they said they were promised two years. And I said, "I 11 don't know." You know, I couldn't tell them. 12 They wanted to know if I would still be 13 advocating for them because I still had meetings to go 14 to and IEPs; and, you know, we still had a lot of 15 unfinished business to do. And they were extremely 16 upset. They didn't want to tell their children because 17 the children -- you know, they were promised a continuum 18 kind of service. 19 And I did answer that I would continue. I 20 mean, I wouldn't be getting paid; but I would continue 21 because, to me, I was a free agent then and no one could 22 actually dictate what I can and cannot do but.... 23 Q. I see. But you couldn't -- 24 A. They were very upset, extremely upset. And 25 some were -- they were brought to tears; and they just RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 28 1 wanted to know who they -- do they call, do they need an 2 attorney or -- and I said, "I don't know. I don't 3 know." 4 Q. Did you communicate these issues, ma'am, the 5 fact that some parents were upset to the point of tears, 6 to your supervisors? 7 A. Well, our consultant was with us; and he saw 8 it. 9 Q. Did he say anything? 10 A. He just says, "I hear you and you have a 11 right to be upset." 12 Q. Did he tell them why they had a right to be 13 upset? 14 A. He -- they gave out a press release also that 15 I have here and -- yeah, he told them they have a right 16 to be upset and maybe they should call division. 17 Q. All right. And -- but as far as them being 18 able to contact you after that, they wouldn't be able to 19 because your phone was taken away from you? 20 A. Right. 21 Q. Now, let me get back, ma'am. I got 22 sidetracked there. Back to this work you did as an 23 intensive case manager -- and I guess they're called -- 24 they call them now an intensive care coordinator -- 25 A. Uh-huh. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 29 1 Q. -- at the Susannah Wesley Center, did that 2 center provide care to Felix children? 3 A. Yes. 4 Q. And did this Susannah Wesley Center partner 5 with the Leeward Family Guidance Center to provide those 6 types of services? 7 A. Yes. In '90 -- I think it was from '95 to 8 '97 we were on a federal grant to the Ohana Project. 9 Q. And -- 10 A. There was no billing at that time. 11 Q. Well, let me ask you this, ma'am. While you 12 were there with the project -- I should say with the 13 center -- 14 A. Uh-huh. 15 Q. -- partnering with the Leeward Family 16 Guidance Center -- 17 A. Uh-huh. 18 Q. -- did you observe or become familiar with 19 how services were billed? 20 A. They didn't bill in the beginning, the first 21 two years. 22 Q. When you say "didn't bill," what -- 23 A. There was no billing in place at that time. 24 Q. When you say "billing," though, billing to 25 whom? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 30 1 A. Billing to division, CAMHD. 2 Q. C-A -- C-A-M-H-D? 3 A. Right. 4 Q. All right. Do you know why there were no -- 5 nothing was being billed? 6 A. I believe because we were under the Ohana 7 Project under federal grant, and that took care of the 8 services. 9 Q. There came a time, though, that services 10 were, in fact, billed, though -- 11 A. Right. 12 Q. -- while you were there? 13 A. Right. 14 Q. And were there situations, ma'am, of which 15 you were aware where providers were overbilling for 16 services rendered? 17 A. Yes. 18 Q. Give me an example. "Providers" meaning 19 people providing services to Felix children, right? 20 A. Uh-huh. 21 Q. And "services" meaning -- it could be a 22 number of things that they would provide that would 23 be -- would consist of a service, right? 24 A. Right. 25 Q. Give us examples -- give the Committee some RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 31 1 examples of these services and how you observed them to 2 be overbilled. 3 A. Well, it -- when we started billing, which 4 was in '97, September of '97, we were told we had to put 5 in a minimum of 25 hours a week of billable hours and to 6 be creative in our billing. 7 That means walk slow to the cabinets where 8 the files are because that's billable, to actually go 9 and pick up the file and bring it back to your desk. 10 And that should be at least 15 minutes they said, you 11 know; but -- 12 Q. Billing -- when you say 15 minutes, though, 13 how would you bill 15 minutes? 14 A. Well, it's part of your collateral contact 15 you would call it. 16 Q. No. I mean -- 17 A. Because you're working with the -- you bill 18 it under what -- a code. 19 Q. I see. But 15 minutes -- how does one bill 20 15 minutes in terms of that unit of time? 21 A. A unit -- well, the units have changed. In 22 '97, like, one unit was an hour. I mean, a unit could 23 be by hours. One unit was an hour; but since then, it's 24 changed. 25 Q. To what? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 32 1 A. Like, .15, I think, or -- I forget. 2 Q. In other words, by -- 3 A. They broke it down in quarters. 4 Q. They broke the hour down into minutes -- 5 A. Right. 6 Q. -- in other words. 7 A. Right. 8 Q. You bill by minutes in a sense, right? 9 A. Right. 10 Q. And 15 minutes, I guess, is a quarter of an 11 hour? 12 A. Right. 13 Q. Is that how you bill it? 14 A. Right. 15 Q. You were billing down to that level -- at 16 your level of work, you were billing down to that level? 17 A. Yes, uh-huh. 18 Q. And do you understand that then Susannah 19 Wesley would bill the Department of Health for this? 20 A. Yes. 21 Q. And the Department of Health would pay them 22 for that? 23 A. Yes. 24 Q. Now, when you say be creative, though, what 25 do you mean by that? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 33 1 A. Well, that's one. I think walking to a file 2 cabinet and taking out a file is not -- 3 Q. When you say 25 billable hours minimum -- 4 A. Uh-huh. 5 Q. -- does that mean that you would have to work 6 25 hours yourself? 7 A. Well, they -- 25 hours direct service or 8 collateral contact. It could be a phone call or -- in 9 the beginning, people were billing and getting no 10 contact; but still, if you get no contact, you made an 11 effort and you can bill. 12 And some people -- some of the therapists 13 maybe or -- would take five clients down at one time and 14 maybe go play basketball, and they can bill five 15 hours -- they can play for one hour; but, you know, 16 you've got five clients. And it costs more to do that 17 if you did it as a group, like, group therapy in a lower 18 rate. So, what you do is just charge an hour for 19 therapy with five people. 20 Q. I understand there were situations where 21 students or kids were taken to movies also? 22 A. A lot. 23 Q. The same way? 24 A. Right. 25 Q. And that was part of their therapy, to go to RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 34 1 a movie? 2 A. Yeah, they had a way of writing it up. 3 Q. Well, but what kind of movies, ma'am? 4 Without giving necessarily names, what level of movies 5 were they allowed to go to? 6 A. They went to anything that -- whatever was 7 playing. 8 Q. There were no restrictions in terms of the 9 level -- 10 A. No, no. 11 Q. Now -- well, let me explore that, ma'am. 12 When you say whether it's a basketball game or a 13 movie -- let's use a movie, for example. 14 A. Uh-huh. 15 Q. Typically from, I guess, when you leave the 16 center to go to the movies and to watch it and to come 17 back might take three hours? 18 A. Uh-huh. 19 Q. "Yes"? 20 A. Right. 21 Q. And you're saying if you take multiple 22 children -- let's use as an example five. 23 A. Uh-huh. 24 Q. You take five children, one supervisor, do 25 all of this, go to the movie, watch it, come back. That RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 35 1 person then would bill how many hours? 2 A. You can bill 15. 3 Q. 15 hours, but it's the same three hours, 4 though? 5 A. Right. But for a different child because if 6 you say something different to each child, then -- I 7 mean, they were being creative. 8 Q. Oh, I see. I see. And the same with the 9 basketball game? 10 A. Right. 11 Q. It depends on which side you were maybe? 12 A. Right. 13 Q. Now, were there situations, though, ma'am, 14 when a bill was created when no one saw the child? 15 A. That was a lot of times. 16 Q. And -- 17 A. The parents would call us. 18 Q. Well, explain that to us, please. 19 A. Parents would be calling the case manager and 20 saying that, you know, I have a -- you know, we have a 21 meeting here -- you know, we have a meeting; and I 22 haven't seen, like, an IEP and I haven't seen the 23 therapist or the case managers because sometimes they 24 would bill the call to me, you know, for a month or so. 25 So, I would go back and tell the supervisor; RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 36 1 but it's -- I mean, you would look in the file and it 2 says that they did. And so, they have to be called on 3 this because the parents are calling; and they're not 4 being seen. 5 Q. Well, just to make sure we understand, ma'am, 6 you used the phrase "IEP." That stands for Individual 7 Education Plan? 8 A. Right. 9 Q. And these were the plans that were developed 10 for each child; and when it was developed, a number of 11 people were involved. The parents were involved. The 12 teachers were involved. The therapists were involved. 13 A. Right. 14 Q. So, that's what we're talking about, that 15 plan? 16 A. Right. 17 Q. And the plan called for certain types of -- 18 A. Services. 19 Q. -- services, right? So that a parent 20 expecting a certain level of services and not getting it 21 would call and ask why it wasn't being provided? 22 A. Right. 23 Q. And when you went to the file to look -- 24 without using names -- you went to that student's file 25 and you noticed that someone had -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 37 1 A. Documented. 2 Q. -- recorded in that file that services had 3 been provided in that same period of time that the 4 parent said nothing was provided -- 5 A. Right. 6 Q. -- is that correct? 7 Now, did you have any reason to question the 8 sincerity and honesty of the parent? 9 A. No, no. 10 Q. The parent just wanted services to be 11 provided, right? 12 A. Right. Or else they -- they would document 13 that, you know, they made several phone calls and the 14 person couldn't be reached. And the parent would be 15 upset and said, "They have three of my phone numbers. 16 They have my pager. They have my cell. They have my 17 work number. They have my home number, and no one has 18 been calling me." 19 Q. Did you complain about these practices, 20 ma'am? 21 A. Yes. 22 Q. What happened? 23 A. Nothing, told to take care of my work. 24 Q. Do you believe that there was a lack of 25 proper controls over the payment of funds to these RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 38 1 service providers? 2 A. Yes. 3 Q. Are you with that project any longer? 4 A. No, they closed down. 5 Q. Are you with the Department of Health in any 6 capacity at the present time? 7 A. No. 8 Q. If I may ask, ma'am, did you leave on your 9 own; or were you terminated? 10 A. Terminated. 11 Q. You have -- do you have a basis or an opinion 12 as to why you were terminated? 13 A. Oh, well, the project closed; but I did 14 question why they kept therapists and they kept case 15 managers but they didn't keep any resource specialists 16 that's supposed to be with the families and the voice 17 for the families. And we were just told to go. 18 Q. And you were one of them? 19 A. Yes, I was one -- they only had one for a 20 short while. It was just me; and then, you know, 21 someone else came on. 22 Q. Well, let me ask you this, ma'am. Do you 23 have any basis to testify that you were not retained 24 because of the complaints you had made to the various 25 individuals above you? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 39 1 A. I couldn't say on that. 2 SPECIAL COUNSEL KAWASHIMA: Okay. Thank you 3 very much. No further questions, Madam Chair. 4 CO-CHAIR REPRESENTATIVE SAIKI: Members, 5 we'll begin with -- proceed with questioning by members. 6 We will adhere to our ten-minute rule. I would like to 7 begin with Vice-Chair Oshiro. 8 VICE-CHAIR REPRESENTATIVE OSHIRO: Thank you, 9 Chair. 10 EXAMINATION 11 BY VICE-CHAIR REPRESENTATIVE OSHIRO: 12 Q. Ms. Pereira, I just wanted to get some 13 clarifications of some of the things you talked about 14 earlier. In particular, when you were talking about the 15 duties that you had with the MST project, I think you 16 had said that your primary duty was to advocate for the 17 families to ensure that proper services were provided? 18 A. Uh-huh. 19 Q. Is that correct? 20 A. Yes. 21 Q. But you later stated that sometimes it 22 overflowed into case management and therapy? 23 A. Yes. 24 Q. Can you explain a little bit more what you 25 mean by your duties being limited and then having to RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 40 1 overflow? And then I think you also said that there was 2 something about a job description you had provided. 3 A. Yes, I have the job description for the 4 resource specialist and the case manager and the 5 therapist, which I brought to the attention of our -- my 6 supervisors -- 7 Q. Okay. 8 A. -- and saying, you know, I am -- my work is 9 spilling over into those categories or has been spilling 10 over. 11 Q. Okay. So, actually there is a document that 12 has the list of duties? 13 A. Yeah. 14 Q. And you actually brought these three 15 documents -- 16 A. Right. 17 Q. -- to a supervisor and said that "I am 18 actually performing duties under each of these different 19 positions" -- 20 A. Right. 21 Q. -- is that correct? 22 A. Right. 23 Q. Okay. When you say that your primary posi -- 24 your primary duty was to advocate for one's services, 25 can you explain? Is that a Chapter 56 administrative RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 41 1 process or what kind of advocacy role were you taking? 2 A. Well, I think it was more like a supportive 3 role for the families. And what I'm looking at here, it 4 says to engage the families with the MST team and to 5 assist them with interventions and strengthening -- help 6 them to get into resources in the community instead of 7 being in residential. Like, putting them in the Y after 8 school or district park types of things or helping the 9 families, you know, hook up with Welfare if that's 10 needed and like that. 11 Q. And when you say that there -- your duties 12 had to overflow -- 13 A. Uh-huh. 14 Q. -- into the case management and therapy 15 positions -- 16 A. Right. 17 Q. -- is that because, in your opinion, the 18 actual therapists and case managers did not have the 19 proper experience or qualifications in their jobs? 20 A. I don't know about qualifications, but I know 21 experience. You know, they did tell me that the -- this 22 is the words they used. They said the crisis case 23 managers they used -- they hired were glorified 24 gorillas, and that's the words they used. 25 And so, I ended up doing the case management; RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 42 1 and they said the therapists were supposed to do the 2 case management but the therapists did not know the 3 process on these islands, you know, the networking, how 4 to go to family court, how to talk to POs, how to 5 contact, the whole process; and with guidance centers, 6 IEPs, they were not familiar with the whole process of a 7 child being a high-end kid. 8 Q. Okay. So, just getting back to what you 9 stated, though, you said that while they may have lacked 10 the inexperience, you weren't sure about their 11 qualifications. Do you know anything about what kind of 12 qualifications these people needed in order to fulfill 13 their positions? Was there something being advertised 14 in the Internet? Are you aware of anything in terms of 15 a baseline of qualification? 16 A. No, I didn't know. What I asked later -- 17 because I questioned some of the people's qualifications 18 and -- because they didn't seem to know anything 19 whatsoever. 20 I was told that a masters degree or a 21 bachelors with at least five years experience. I said, 22 "Well, experience where and in what?" Because it 23 doesn't seem like some of the people have it, and I 24 think the masters should have had a -- when I'm looking 25 at this, the masters should have had at least one year RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 43 1 experience in the system, in mental health; and I think 2 they were -- some of them lacked that. 3 Q. Okay. So, I mean, based on your experience, 4 case managers and therapists traditionally should have 5 some kind of formal education, being a bachelors at the 6 very least -- 7 A. At least. 8 Q. -- and hopefully a masters with one year of 9 some kind of maybe clinical experience or work 10 experience? 11 A. Work experience knowing the system here. If 12 they were going to work in Hawaii, they need to be -- 13 have been able to provide direct service because the 14 ones that we had, they never provided but maybe -- the 15 new hires did; but the earlier ones never provided 16 direct service before or did individual or family 17 therapy. 18 Q. Okay. And you had also talked about their 19 complete lack of knowledge as to some of the basic, I 20 think -- 21 A. Diagnoses? 22 Q. Yeah, something like the DSM-IV. 23 A. Uh-huh. 24 Q. Is that -- and just for clarification, that's 25 the diagnostic statistical manual of mental disorders; RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 44 1 is that correct? 2 A. Yes. 3 Q. And that's the actual reference guide 4 accepted in the general scientific community which 5 establishes the diagnoses for various mental conditions; 6 is that correct? 7 A. Right. 8 Q. Okay. And for people such as therapists who 9 are dealing with mental conditions, you would expect 10 that they would be somewhat familiar with this pretty 11 basic or core resource? 12 A. Right, uh-huh. 13 Q. Okay. And, also, I wanted to get a little 14 bit more clarification. When you talked about SOAPing, 15 is that -- can you explain that a little bit more? I 16 mean, that's, as I understand it, the way in which 17 progress notes or actual visits should be documented; is 18 that correct? 19 A. Right, right, uh-huh. 20 Q. Okay. So, what does the S-O-A-P stand for? 21 A. Subjective, objective, assessment, and plan. 22 Q. Okay. So, whatever kind of reports or files 23 you did review -- 24 A. Uh-huh. 25 Q. -- lacked this kind of traditional or RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 45 1 accepted format? 2 A. Right. In the beginning, some of them didn't 3 know how to do it and they weren't sure and everyone was 4 just doing it their own way. And I brought it to the 5 attention that, you know, they need to sign it and then 6 not leave any blanks because then you can fill in; and, 7 you know, it's the standards, the clinical standards. 8 So, after that, I gave up. I didn't want to 9 do it. 10 Q. Because a lot of times they just didn't meet 11 the clinical standards. They were just -- 12 A. Right. 13 Q. -- writing narrative reports or -- 14 A. Right. But I know Terry Lee did try to hold 15 a class on SOAPing and tried to make them follow through 16 on a standard way of recording that -- to follow through 17 on that. 18 Q. But to your understanding, something such as 19 SOAPing is a pretty basic -- 20 A. Very basic. 21 Q. Okay. 22 A. That and master treatment plans because none 23 of them knew how to do treatment plans. 24 Q. I think you also stated that sometimes in the 25 files they lacked these service authorizations? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 46 1 A. We didn't need a service aut. 2 Q. Oh, okay. So, when you did review the file, 3 if they didn't have this SOAPing format, what did the 4 files actually look like, though? 5 A. Well, in the beginning, we -- I think because 6 they were starting up -- and this is what they said. 7 There really wasn't a file or a set way. 8 And I brought it to, I think, Dr. Lee's 9 attention that shouldn't we have files and have it, you 10 know -- how do you say it -- put in different 11 sections -- sections of the file where this belongs and 12 that goes. You know, like, a psych eval goes here; and, 13 you know, a report goes here. Whatever reports from the 14 school IEP, you should have a section that would meet -- 15 you know, on the auditor's report, are we -- are we 16 above getting audited or -- because I wasn't sure how 17 the Continuum worked. 18 And so, they started sectioning the files, 19 you know; and then I said -- I -- my assumption was we 20 were supposed to lock the files, you know, have them in 21 a locked place. And then they got a filing cabinet, I 22 guess, and started putting it in there and locking it 23 up. 24 Q. Okay. So, previously they didn't have any 25 kind of security measures over the files? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 47 1 A. No, no. 2 Q. Okay. And in terms of files when you 3 reviewed them, is there really a clear way where you 4 were able to tell what the prognosis was or how the 5 progress of the actual treatment was going? 6 A. In the beginning, I looked at some of the 7 files; and I -- I just got frustrated. So, I didn't 8 look at the files after that. I just didn't touch them. 9 I just listened to what -- what we had, consultation or 10 supervision. I would listen to what the therapists were 11 saying. 12 Q. Okay. And was anybody in charge of actually 13 having the oversight over the files or the review of the 14 files to make sure that they were at least adhering to 15 some kind of office policy or standards or criteria? 16 A. I think it was Dr. Lee, Dr. Terry Lee. 17 Q. Okay. So, that was Dr. Lee's job, to ensure 18 that the documentation was there in the files? 19 A. I don't know if it was his job, but he was 20 doing it. 21 Q. He was doing it? 22 A. Uh-huh. 23 Q. Okay. Oh, I just wanted to get a little bit 24 more clarification about when the project closed. You 25 said on August 20th, 2001? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 48 1 A. Partially closed. 2 Q. Oh, partially closed. And thereafter you had 3 two-and-a-half days? 4 A. Two -- I had two-and-a-half days. Some of 5 the therapists that were let go -- I think there were 6 two that were let go and a crisis case manager that was 7 let go. 8 Q. And then I think you also stated that when 9 you were informed of the closing on August 20th, 2001 -- 10 A. Uh-huh. 11 Q. -- you attended a meeting thereafter? 12 A. Right. 13 Q. And in this meeting you were given certain 14 directions -- 15 A. Uh-huh. 16 Q. -- in terms of how they were going to handle 17 the closing in the next few days; is that correct? 18 A. Right. 19 Q. Who attended this meeting? 20 A. Dr. Terry Lee, myself, the other family 21 resource specialist and my two super -- my two 22 administrative supervisors from HFAA, which was Sharon 23 Nobriga and Vicky Followell. 24 Q. And then when you also talked about the 25 directions being that no one -- that you were not RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 49 1 permitted to go out alone to talk to the families and 2 also in terms of your cellular phone usage, who was the 3 one that gave you those directives? 4 A. My supervisors. 5 Q. Who? 6 A. Sharon Nobriga and Vicky Followell. 7 Q. So, they were the ones that told you you 8 needed to give your cell phone back after? 9 A. Right, Wednesday, two-and-a-half days later. 10 They said Wednesday afternoon. 11 Q. Okay. Just a little more clarification. 12 When you were talking about your experience at the 13 Susannah Wesley Center -- 14 A. Uh-huh. 15 Q. -- you had said that one of the directives 16 you were given was to, quote, "be creative" in terms of 17 the billing requirements; is that correct? 18 A. Right. 19 Q. Who was it, if you can name the person that 20 was giving such directions or instructions to you? 21 A. I think it was different people, but I would 22 have to go with our clinical super -- well, I don't know 23 if he was a clinical supervisor -- our project director, 24 and it was Dominic Inocelda. 25 Q. In terms of the billing process -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 50 1 A. Right. 2 Q. -- can you please explain to us a little bit 3 more what was the procedure that was in place in terms 4 of your billing? 5 Did it get reviewed by a certain supervisor 6 and thereafter they would meet with you to talk about it 7 or, you know, how would they know that you were being, 8 quote, "creative" enough or if they wanted you to be 9 more creative? 10 A. Well, they would meet with us once a week; 11 and they called that supervision. They would meet with 12 us and tell us if we made our quota for that week. And 13 maybe we only made 15 hours. They would say, "You're 14 ten hours short. Can you make it up the following 15 week?" 16 And I said, "If I keep going to that, it will 17 be more than 40 hours a week, I mean, by the end of the 18 month." They would meet with us and say, "You're short. 19 You need to be a little more creative in your billing." 20 You've got to go call -- you have to call them every day 21 if you have to and bill or -- I don't know -- see them 22 every day, go down to the school, call the school, talk 23 to somebody; but make your hours, you know, whether it's 24 collateral or noncollateral -- you know, fam -- 25 nonfamily. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 51 1 And I said, "Well, if they're stable, that 2 means they're doing well," so -- which was -- shouldn't 3 we get pats on the back? 4 "Well, you don't have to be that invasive 5 where you're going to drive down and jump in their 6 face" -- because you're told from the moment you leave 7 you can bill to the point you get to the house and then 8 come back, so -- 9 Q. When you talk about them being stable, does 10 that mean that they have reached a point where they 11 have -- 12 A. They don't need that intense kind of case 13 management anymore. You know, let's close it or -- it's 14 really hard to close a case. 15 Q. So, at that point when someone is stable, 16 it's more a matter of just periodic monitoring? 17 A. Periodic. I would say maybe one call a week 18 would have been enough. 19 Q. But instead your experience was being told to 20 call -- 21 A. Every day. 22 VICE-CHAIR REPRESENTATIVE OSHIRO: Thank you 23 very much. 24 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 25 Vice-Chair Oshiro. Vice-Chair Kokubun followed by RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 52 1 Representative Ito. 2 VICE-CHAIR SENATOR KOKUBUN: Thank you, 3 Co-Chair Saiki. 4 EXAMINATION 5 BY VICE-CHAIR SENATOR KOKUBUN: 6 Q. Ms. Pereira, I just have a couple of 7 questions, actually. 8 A. Yes. 9 Q. Do you have any knowledge about how -- you 10 know, the clients that were being served -- and now that 11 the program has been suspended -- partially suspended, 12 how those clients are dealing with their needs? 13 A. I -- well, some of them, I know they are 14 still being seen by the therapist, not as intense as 15 before because some of -- you know, some of the team is 16 not there; but the families -- they did call me because 17 my name is in the phone book. They did call me and say 18 they needed representation or help maybe in their IEP or 19 something. 20 And the kids -- to me, the kids seemed to be 21 sliding, you know, at this point when they -- because 22 they don't have that intensiveness around them. They 23 were stable for awhile, but I think they were acting out 24 because they felt betrayed. And this is what they 25 use -- they felt betrayed. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 53 1 And I think a couple of them we are putting 2 in school-based services, but I did say it's not going 3 to -- school-based services does not cover in home 4 anything if something should happen at home. 5 I don't know how school-based services work, 6 if they actually -- if the therapist actually goes to 7 the home when something is happening or if they know how 8 to get a child into Queen's or, you know, implement a 9 crisis plan. I'm not sure, but I still think they need 10 to have some kind of slow transition where they can have 11 maybe not as intensive care at home but somebody to be 12 there a couple times a week in case of a crisis until we 13 are stabilized. But most of them, I think they are 14 pushing them into school-based services. 15 Q. So, your understanding, at least your 16 knowledge, is that there is a level of safety net for 17 these children but -- and families? 18 A. Right. They told me that they were told 19 that -- you know, to take MST home-based; and 20 they wanted to know if they were going to get the same 21 type of services. And I said it's not the same. 22 Q. Right. 23 A. You know, they don't have the case manager. 24 They don't have a family resource specialist. And they 25 don't know. They just were told that -- they were told RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 54 1 that they -- they should stay MST based; and that was 2 it, so.... 3 Q. You mentioned Dr. Cunningham and Mr. Randall 4 as being consultants to the -- 5 A. Continuum. 6 Q. -- MST. And you mentioned that they were 7 from South Carolina? 8 A. Right. 9 Q. Yeah. They -- did they have previous 10 experience with MST? Is that why they were brought in 11 as consultants -- well, how and why were they brought in 12 as consultants? 13 A. I think they -- they were a part of the MST. 14 That's all I understand. And there was Scott Hengler 15 who created MST, and they were part of his team. 16 Q. I see. 17 A. Because Melisa Rowland who was a psychi -- 18 psychiatrist for our team also, that's Scott Hengler's 19 wife. 20 Q. So, were there any other relationships with 21 any of the program supervisors -- you know, did 22 Dr. Cunningham or Mr. Randall have any kind of working 23 relationships previously with Dr. Lee or -- 24 A. They also said John Donkervoet. 25 Q. Okay. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 55 1 A. They were good friends from -- 2 Q. So, they had, what, extensive years of a 3 working relationship? 4 A. Uh-huh, yes. 5 Q. How about -- do you know if there was any 6 working relationship -- are you familiar with the court 7 monitor, Dr. Groves? 8 A. No, I know who he is; but I don't know him. 9 Q. Do you know if there was any kind of working 10 relationship there at all? 11 A. No, I don't. 12 Q. This MST -- you mentioned the person who 13 conceived it, the doctor who conceived it. Is this a 14 therapeutic property that's -- you know what I mean? Is 15 it a copyrighted property? 16 A. I believe so because Dr. Randall told me, I 17 think, to buy that prin -- that principle or whatever 18 you want to call it, he would pay 25,000 for it. 19 Q. I'm sorry? 20 A. 25,000. That's what he told me. 21 Q. And in your mind, were you told that -- when, 22 you know, the partial closure of the program occurred, 23 was there going to be some kind of, you know, final 24 report that you would have access to or the other 25 therapists would have access to regarding the results RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 56 1 and the conclusions? 2 A. No. 3 Q. Maybe the budgetary accounting -- 4 A. No. 5 Q. -- for the program? 6 A. No. 7 Q. You were not given any kind of -- 8 A. Nothing. 9 Q. Okay. So, basically your services were 10 terminated? 11 A. That's it. 12 Q. That's it? 13 A. I never saw them again. They never talked to 14 us again. 15 Q. And all of your association and relationship 16 with your previous clients, it was just something that 17 your client initiated basically for additional services? 18 A. They initiated it or the schools would still 19 call me because I was doing the case management. So, 20 different schools would still be calling me -- because, 21 you know, I've been in the system for a while. So, 22 they -- we know each other and they knew my home phone. 23 So, they would call me and say, "This is what's 24 happening. Where do I go from here? What do I do?" 25 And -- because they said they weren't told RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 57 1 that this was happening until -- I don't know -- early 2 September. So, they wanted to know what was going to 3 happen to their clients -- to the students. 4 And if there was this big a transition, 5 wouldn't an IEP need to be called because there was a 6 change in services? And I would say, "You know, I don't 7 know. Call MST Continuum. I don't know." I just said, 8 "That's usually the process. When we do have a change 9 in service or a termination of a service, you would 10 usually, you know, call an IEP." 11 VICE-CHAIR SENATOR KOKUBUN: Thank you. 12 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 13 Vice-Chair Kokubun. 14 We've been going for about an hour now. So, 15 we would like to take a short break to give our court 16 reporter a rest for at least five minutes. 17 (Recess from 10:04 a.m. to 10:15 a.m.) 18 CO-CHAIR REPRESENTATIVE SAIKI: Members, we 19 would like to reconvene our investigative hearing. I 20 believe our next questioner is Representative Ito 21 followed by Senator Buen. 22 REPRESENTATIVE ITO: Thank you, Mr. Chairman. 23 EXAMINATION 24 BY REPRESENTATIVE ITO: 25 Q. Good morning, Ms. Pereira. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 58 1 A. Hi. 2 Q. You know, I just wanted to ask a couple of 3 questions. One is, you know, what is MST and how is it 4 related to the education needs of the students? 5 A. How is it related -- 6 Q. You know, by using MST as a therapy -- 7 A. Right. 8 Q. -- then how is it going to help the youngster 9 or the student improve his educational -- you know, his 10 educational success? 11 A. Well, I think a lot of the kids that we do 12 have -- if I'm looking at MST and I -- in my mind, I 13 don't know what they are -- 14 Q. Right -- in your opinion, right. 15 A. I'm looking at how we restructure their 16 behavior and the parents in the home, and I think a lot 17 of the kids weren't going to school at the time or they 18 didn't want to go to school or their diagnosis of 19 depression or something was impeding their being 20 successful in school. And I think the type of 21 intervention that we were looking at was restructuring 22 their thinking. Maybe it would be anger management or 23 something to help them when they were in school to, I 24 guess, control their behavior. 25 Q. So, you think it's working, you know, for the RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 59 1 students? 2 A. I don't know if -- I'm just giving MST a 3 title. I think anybody that cares, a good therapist, 4 and they implemented any type of plan -- whether it be 5 an anger -- or, you know, if you're working with a 6 borderline or something, if you're dedicated and you've 7 drawn the child's strengths and the family's strengths, 8 then whatever is implemented would be successful. I 9 don't know if you needed a title. 10 Q. What is the acronym -- MST, what does it 11 stand for? 12 A. MST, multisystemic therapy. I don't know. I 13 mean, we went through training for a week; but I really 14 couldn't tell you the principles. 15 Q. You know, what is the cost -- you know, I 16 just wanted to find out if there's any improvement, you 17 know, as far as the students', I guess, educational and 18 everything because you mentioned that, you know, the 19 kids go to the movies or -- 20 A. Right. 21 Q. -- you know, go play basketball -- 22 A. Uh-huh. 23 Q. -- as part of the therapy. And it helps? 24 A. I don't -- I don't know if it was part of the 25 therapy; but, you know, we -- they would send out RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 60 1 therapeutic aides a lot of times with the kids. And the 2 biggest complaint that the therapeutic aides would tell 3 me is they didn't know what to do with them. 4 And I always felt there should be a behavior 5 plan. What is -- what behavior are you going to be 6 working on? But they a lot of times just go in and just 7 sit with the child in the classroom six hours a day. 8 Q. So, baby-sitting basically? 9 A. Baby-sitting, you know, and then they walk 10 them to the next classroom to make sure they go to that 11 classroom. 12 You know, I would question, what if they move 13 out? I mean, what if we're not there anymore? Then 14 they don't go to school. It just starts all over again. 15 I didn't know what the -- you know, they 16 didn't know what the plan was. I didn't know what the 17 plans was. 18 Q. Because I've been having complaints from 19 parents as far as, you know, the youngsters are not 20 getting services or they don't see any improvements -- 21 A. Right. 22 Q. -- in the behavior -- 23 A. Yeah. 24 Q. -- or their -- or schoolwork. And, you know, 25 I'm very concerned about that. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 61 1 A. Yes, because we do have special -- I'd say 2 the real special needs kids who are autistic, say -- 3 I'll use autism. And they put some people in there who 4 haven't had training. You cannot learn to work with an 5 autistic kid in one training session or even five, let's 6 say. You -- it's ongoing. 7 And there's different methods. Everybody 8 comes and wants to push their method of child training 9 or whatever is the thing for the week or the day or the 10 year. And I think each child is -- you know, each thing 11 is individual. 12 You know, because I myself have a nephew who 13 is autistic; and different things work with different 14 kids. And I've seen some very dedicated TAs going in 15 and actually teaching the child different -- you know, 16 different things to do; but there's others that just go 17 there and they're just there to restrain them. They 18 just restrain. 19 And I've seen kids sitting in the corner of 20 the classroom sometimes, you know, just being restrained 21 or just cornered until the end of the school day because 22 the TAs do not know what they are supposed to do, how to 23 do it, or how to handle it. 24 So, it is -- sometimes, you know -- I know 25 parents have called me and said they were told to sign a RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 62 1 paper saying that the TA was there for so many hours and 2 they weren't; but they sign it because they don't want 3 to lose services. And it was hard enough for them to 4 get that TA in the first place, you know, to baby-sit 5 their kid after school. 6 Q. And they're getting billed -- the state is 7 getting billed for this? 8 A. They're getting billed, right. 9 Q. You know, you -- you know, I heard that 10 one -- I heard from, you know, some special ed teachers 11 on the windward side that some of these providers was 12 getting as much as $500 an hour -- 13 A. Wow. 14 Q. -- or maybe more. I mean, do you think 15 that's about right? 16 A. I don't know about the $500 an hour. 17 Q. Per child, per youngster now. 18 A. Oh, yeah, if they're in a program that's 19 after school? 20 Q. Yes. 21 A. Yes, I've heard that. 22 And I always said, "Why can't they go to 23 district park and play tennis" -- or, you know, they 24 have so much things going in the community that -- you 25 know, where we wouldn't need a TA. You know, if you RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 63 1 looked at their strengths and what their interests are, 2 we could put them into programs in the community and 3 save a lot of money off of TAs. 4 But then they say, "We need somebody to 5 transport them and pick them up after school and then 6 take them home." And that's when I say I think 7 sometimes the parents need to take part in the plan and 8 take some of the responsibilities because we cannot take 9 the place of the parent, you know. 10 Q. You know, we look at accountability. 11 A. Right. 12 Q. Ultimately who do you think is accountable? 13 A. I think it goes all the way up. The 14 supervisor of these people, the people who hire the 15 people, and then it goes -- there's no oversight. 16 Q. Uh-huh. 17 A. Because even when our files were checked, you 18 know, when I was with Susannah Wesley, they only checked 19 three months back. If they're -- you know, they would 20 tell us, "Make sure your documentation is up to date. 21 Just go back three months because they don't check 22 beyond that." 23 And they already know which files they're 24 going to be pulling anyway. They'd tell us, you know, a 25 week or a few days ahead of time, "Your file is going to RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 64 1 be checked" and so on. So, it always looks like 2 everything's in place. 3 Q. You know, after you folks worked with the 4 youngsters -- 5 A. Right. 6 Q. -- in an IEP, do you folks meet with the 7 teachers? 8 A. Do we meet with the teachers? 9 Q. Yeah, you know, meet with the teachers and 10 talk and make sure that the student's educational plan 11 are being followed? 12 A. The good people do. A lot of them don't. 13 The teachers -- some of the teachers I know never even 14 met the therapist or the case manager. They had no clue 15 who they were except for they saw them once in the IEP. 16 After that, they never saw them again. They never got 17 plans -- and I brought that to the attention when I was 18 in the Continuum that the schools were complaining that 19 they never got a report on how the kid was doing. You 20 know, there was no follow-up. 21 The juvenile justice system -- a couple of 22 POs would call me and say they have no report to present 23 to the judge. They have no behavior plan, no follow-up, 24 nothing. Where do they go from here? The only time 25 they're going to see the therapist or hear from them is RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 65 1 if the child ends up in DH. How are they doing? What's 2 the plan and how are they doing at this point? 3 So, no, there's a lot of no follow-ups. I 4 mean, in a document they're following up; but nobody's 5 following up to see if they follow up. They -- a lot of 6 it is by mouth, word of mouth. If you're saying you 7 did, then I'm assuming you did it. They're -- they 8 treat them like professionals like they should, but they 9 don't follow up to see if they actually did it. 10 REPRESENTATIVE ITO: Okay. Well, thank you 11 very much. Thank you. 12 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 13 Representative Ito. Senator Buen followed by 14 Representative Kawakami. 15 SENATOR BUEN: Can I go at the end? 16 CO-CHAIR REPRESENTATIVE SAIKI: Sure. 17 SENATOR BUEN: Thank you. 18 CO-CHAIR REPRESENTATIVE SAIKI: 19 Representative Kawakami followed by Senator Matsuura. 20 REPRESENTATIVE KAWAKAMI: Thank you very 21 much, Co-Chair Saiki. 22 EXAMINATION 23 BY REPRESENTATIVE KAWAKAMI: 24 Q. I would like to start with -- when they 25 terminated you, Margaret -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 66 1 A. Uh-huh. 2 Q. -- what were the reasons for termination? 3 A. The project was closed -- closing. 4 Q. The project was closed? 5 A. Closing. 6 Q. So, they didn't need you any longer? 7 A. They just said the project was closing. They 8 didn't say they didn't need me. 9 Q. Nothing else? 10 A. No. 11 Q. And you accepted that? 12 A. Yes. 13 Q. Okay. 14 A. I questioned some things. I said -- I did 15 say, if the Continuum is closing and that's MST and from 16 the -- what you're saying, that all the kids are 17 there -- you know, we couldn't get enough kids into the 18 study when I know better. We still have a lot of kids 19 still on the Mainland, and a lot of kids still going 20 into residential. Some of them were in our Continuum, 21 but we couldn't find enough to be in the study, but 22 you're saying they're doing so well with services that 23 we have now. Then why is an MST home based closing if 24 the Continuum -- if we have such intensive kind of work 25 going, why are we closing? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 67 1 Q. And you mentioned that you thought this was a 2 waste of money. 3 A. I would say -- 4 Q. Can you clarify? 5 A. I don't know how much money they gave out. 6 All I know is some of the people that were working on 7 there were getting moneys that they weren't qualified -- 8 and let me say skilled or experienced to get. And I 9 know for a fact that some of them were not working but 10 still getting paid. 11 Q. Did you bring that to the attention -- 12 A. Yes. 13 Q. -- of the -- this group? And nothing was 14 done? 15 A. No. 16 Q. Okay. So, they still got paid, et cetera, 17 et cetera? 18 A. Yes. 19 Q. How did that affect the morale of all the 20 rest of the people? 21 A. Angry. A lot of people wanted to defect. We 22 had a lot of meetings, and they said they were going to 23 fix them or some of us who were really working and 24 putting in a lot of hours were promised raises but they 25 never came or we would say, "Well, we're going to RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 68 1 leave." 2 "No, just hold on. You're going to get a 3 raise." And then we're told the person who said that 4 cannot give you a raise. 5 Q. So, they dangled -- 6 A. Money. 7 Q. -- different things -- 8 A. Right. 9 Q. -- in front of you? 10 A. To keep you on, the hard workers, the ones 11 that, you know, are -- as a research specialist, for 12 one, we were not getting paid overtime. We don't get 13 paid 24 -- we were asked to be 24/7, but we did not get 14 standby or on call like the therapists or the case 15 managers -- 16 Q. I see. 17 A. -- because we were contracted, you know, 18 through each of the.... 19 Q. I want to go back to the -- you talked about 20 the Mainlanders -- 21 A. Right. 22 Q. -- being hired on the Internet? 23 A. They found the jobs on the Internet; and then 24 they contacted, I guess, through e-mail or something. 25 Then they were contacted. Phone numbers were exchanged, RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 69 1 and then they got their interviews over the phone. 2 Q. And you said they did an interview by -- 3 A. Phone. 4 Q. -- the phone? 5 A. Right. 6 Q. Okay. So, pretty much all of these people 7 were hired? 8 A. Yes. They flew over and came to the 9 training; and then after the training, they flew back, 10 got their things, and came back. 11 Q. Okay. And what were the stipulations for the 12 hiring of these people? Do you know? Did they have to 13 remain for three years, two years, one year? 14 A. They were told that the Continuum -- we were 15 all told that the Continuum is a continuum. 16 Q. Uh-huh. 17 A. That it would be -- from the last child we 18 brought in, which would be, like, two years from the 19 date we started, would be two years after from four 20 years and that eventually the whole state was going to 21 follow the MST model and it would continue on and on and 22 on. 23 Q. So, it pretty much was open-ended then -- 24 A. Right. 25 Q. -- depending on the progress? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 70 1 A. Right. 2 Q. All right. 3 A. They said -- well, they said, "Don't go 4 anywhere, everybody. This is going to be the thing for 5 Hawaii and" -- 6 Q. So, by -- 7 A. -- other -- people had other job offers, but 8 they were told not to leave because the Continuum was 9 being to be -- 10 Q. I see. 11 A. -- continuing. 12 Q. Okay. At the point you said -- you mentioned 13 several things. They didn't know the culture? 14 A. Uh-huh. 15 Q. They had difficulty -- 16 A. Right. 17 Q. -- didn't really know the program -- 18 A. Right. 19 Q. -- et cetera, et cetera. Did they provide 20 any kind of in-service for these people? 21 A. No. Towards the end they asked me to provide 22 it. 23 Q. So, you had to do it? 24 A. I didn't do it. 25 Q. Okay. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 71 1 A. We were closing. 2 Q. You refused to do it? You said you had to -- 3 A. Someone -- I said, "Why" -- it's not in my 4 job description; but I said, "Why should I do it?" I 5 mean, you either respect the person's culture in coming 6 here and try to understand it and learn it before" -- 7 "you know, especially in this kind of sensitive work and 8 job or go do something else. 9 Q. Okay. Let's see. So, you don't recall -- by 10 them getting all their expenses paid -- they paid for 11 the airfare. They paid for moving costs, et cetera? 12 A. I don't know that. I'm not sure of that. 13 Q. You're not sure? 14 A. No. 15 Q. Okay. 16 A. I don't know that. 17 Q. I just wondered about that. 18 A. But they did say -- I did question, "Why are 19 you hiring so many outside people? You know, what about 20 the people here on our island?" 21 And I was told that because Hawaii has such a 22 small brain pool of people. 23 Q. Did you know of anyone locally who were 24 qualified or had these -- 25 A. Yes, yes. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 72 1 Q. There was quite a few of them, huh? 2 A. Very -- a lot. 3 Q. Okay. And these people were not even 4 interviewed, et cetera? They applied? 5 A. I know one that interviewed -- a couple that 6 interviewed, but they were turned down. They didn't 7 tell them why. And I -- and one that I did refer -- and 8 he left after, like, three months, three or four months 9 because he has a lot of integrity. He said he felt 10 uncomfortable in the position. 11 Q. Do you know if those who came in from the 12 Mainland were paid much -- a different rate than those 13 here? 14 A. I think one did; and I questioned that 15 because she did have, you know, maybe two masters or 16 three. I'm not sure; but I said, "She has no background 17 in mental health." She was paid the highest -- I think 18 at the higher rate. I said, "She has no background, 19 none whatsoever." She didn't know like anything about, 20 like I said, the DSM-IV. 21 Q. But based on her credentials they gave -- 22 A. Right. 23 Q. -- her more pay? 24 A. They gave her more pay, but she had no clue. 25 Q. Was it substantial? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 73 1 A. It was the highest you can get paid in MST. 2 Q. Okay. Let's see. Of course, that billing 3 system blows my mind. You'd think they would have some 4 kind of oversight and capital delineation of what you're 5 doing with all of these bills. You just don't bill for 6 every second and every minute that you're doing 7 something, and it sure sounds like it just went awry. 8 The last question I wanted to ask had to do 9 with Representative Ito's follow-up. Where did the MST 10 model come from? 11 A. Scott Hengler who wrote -- I guess that's the 12 book we got. He wrote it, Scott Hengler. 13 Q. Okay. And he was from what university? 14 A. I'm not sure, but I -- I thought it all was 15 coming out of South Carolina because when his wife would 16 consult with us, she was in South Carolina. 17 Q. Okay. And the -- and the -- you did say that 18 eventually if this worked well, this was going to be 19 the -- 20 A. The model for the state. 21 Q. Yeah, the model for all of -- 22 A. Hawaii. 23 Q. -- this program; am I correct? 24 A. Right. I was told that if it worked here in 25 Hawaii, that it could work anywhere in the world because RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 74 1 we're such a diverse culture. So, they really wanted it 2 to work here. 3 Actually, I think one -- this is what the 4 consultants told me and our supervisors. They had 5 offered this MST to another city in the United States. 6 I don't know if it was Boston or Philadelphia and they 7 had a year to set up but it didn't go through. 8 So, they brought it here to Hawaii; and 9 Hawaii had -- they gave Hawaii two months to set it up. 10 I said, that is not -- you did not even investigate the 11 domains here, you know, the family, the culture, and 12 everything. Nothing was in place. 13 So, I felt -- from the beginning I told the 14 supervisor, "I feel like we're being set up to fail. 15 Nothing is in place for us to use." 16 Q. So, you would say the program was a flop -- 17 A. Yes. 18 Q. -- absolutely -- 19 A. Yes. 20 Q. -- or a waste of money? 21 A. I think the theory -- theoretically when we 22 did go out as a team with dedicated people and applied 23 some of the principles of MST with the families, I saw 24 it working. I saw the children getting stable. I saw 25 the families being a little more empowered, the parents RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 75 1 getting back the power. 2 I mean, I'm talking about high-end conduct 3 disorder children, that part of it. 4 Q. Uh-huh. 5 A. But I don't see how we can prevent putting 6 them in some kind of residential because these kids do 7 act up and the parents aren't able to provide and 8 they're not ready maybe to accept a child that is 9 explosive at home. 10 Q. So, Margaret, out of this entire group of 11 youngsters -- 12 A. Right. 13 Q. -- that were in this model -- 14 A. Uh-huh. 15 Q. -- would you say most of them did not move 16 very far, stayed probably the same level, or maybe 17 dropped back? 18 A. Some of them, I think they were worse -- a 19 couple of them, I said, were worse off than when we got 20 them; and I would say maybe 25 percent were actually -- 21 they moved. They actually made some -- a lot of 22 progress. 23 Q. So, a small percentage, 25 percent, you would 24 say? 25 A. Very small percentage. And that's because -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 76 1 I say that 25 percent had the therapist who was there 2 applying her skills and actually in the home all the 3 time and making sure everything was in place, following 4 a plan and being there 24/7 for the family. 5 Q. Right through then. 6 REPRESENTATIVE KAWAKAMI: Okay. I appreciate 7 all your answers. Thank you very much. 8 Thank you, Chair. 9 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 10 Representative Kawakami. Senator Matsuura followed by 11 Representative Leong. 12 SENATOR MATSUURA: Thank you, Chairman Saiki. 13 EXAMINATION 14 BY SENATOR MATSUURA: 15 Q. Ms. Pereira, actually from your -- listening 16 to your testimony, I'm getting a little more confused 17 about MST, especially some of the points that you're 18 bringing up. In fact, I'm a little bit disappointed 19 because I've been meeting with Tina Donkervoet as well 20 as Anita on MST for a long time and I've been 21 reviewing -- do you -- are you familiar that MST does 22 have a Web site out there listing all of its principles 23 and basically that's where everybody went? 24 A. Yes, I do. 25 Q. What is it -- since we're dealing here with RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 77 1 costs and everything, what is the average cost for 2 Hawaii per child in terms of your services and the 3 average length of service? 4 A. For my services, just my -- 5 Q. Oh, no, for average for a child in MST for 6 Hawaii during your program. 7 A. I have no idea. 8 Q. More than four months? 9 A. Oh, I'm not -- say that again. 10 Q. How many -- what -- to what level duration of 11 services is MST here in -- when it was implemented here 12 in Hawaii? Because I know you said that families were 13 promised two years of service. 14 A. Right, for the Continuum. 15 Q. For the Continuum. Do you know average what 16 cost per child? I mean, average per-child costs would 17 have been under your program? 18 A. No. 19 Q. Anywhere over $4,000? 20 A. For the child in MST Continuum? 21 Q. Yeah. 22 A. Well, it depends because we could have a -- 23 kids going to Kahi. I mean, we did use the services 24 outside the Continuum. We had Kahi. We still had, you 25 know, Queen's. We had group homes. We had RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 78 1 biopsychosocial programs. That was all included. I 2 mean, it wasn't part of the model; but we ended up using 3 all those services. 4 Q. Yeah, because the -- if you went to the 5 actual Web page on the -- basically on the evaluation of 6 MST and how it's run -- 7 A. Uh-huh. 8 Q. -- basically I think one of the reasons why 9 we went into MST is because you're going to hear the 10 usual duration of MST treatment is approximately four 11 months per individual. 12 A. Uh-huh. 13 Q. Would that be a correct statement for Hawaii? 14 A. That's -- 15 Q. For Hawaii are we doing our own models again? 16 A. We're doing -- you're talking about MST home 17 based. We're not talking about the Continuum. MST home 18 based is four months, and we're talking about the 19 Continuum research project which was two years per each 20 child. 21 Q. But average -- what I'm trying to get at is 22 for Hawaii. 23 A. Right. 24 Q. Because we've seen from your testimony the 25 way Hawaii went about the model isn't what MST is RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 79 1 supposed to be like. 2 A. Right. 3 Q. So, we went to MST basically because it was 4 supposed to have been more cost effective for us to be 5 going and treating -- 6 A. Right. 7 Q. In fact, a lot of the -- I see a lot of 8 similarities between MST and Ho'oponopono. 9 A. Right. 10 Q. That's really similar. 11 A. Right. 12 Q. But we always went -- but when I hear about 13 all your costs and -- cost overruns and how we're 14 billing and all this stuff -- 15 A. Uh-huh. 16 Q. -- actually it's -- the way our model -- the 17 Hawaii MST model seems to be way off from the national 18 model. 19 A. They -- that's why they said they closed the 20 project because we ended up using the -- well, the 21 things weren't in place for the -- we ended up using the 22 foster homes. We ended up using -- 23 Q. Basically residentials. 24 A. -- every -- all residentials, you know, and a 25 lot of hospitalization. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 80 1 Q. You know, one question that I've yet to 2 figure out -- somebody actually telling me the correct 3 answer. Maybe you can. 4 You know of a situation you go into a very 5 dysfunctional home where you have -- because basically 6 MST is designed for juvenile delinquents according to 7 non -- in fact, it says it's approaches for serious 8 antisocial behavior, basically juvenile delinquency, 9 which is not really mental health -- not really related 10 to mental health. 11 A. Uh-huh. 12 Q. But, say, you get a family that's very 13 dysfunctional. 14 A. Right. 15 Q. You get a child who is very dysfunctional 16 because of the dysfunctional family. Maybe there's 17 substance abuses involved. 18 A. Uh-huh. 19 Q. So, you go in -- the multisystemic treatment 20 apparently is you empower the whole family -- you work 21 with the whole family, right? 22 A. Right. 23 Q. You cure the family. Therefore, you cure the 24 child? 25 A. Right. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 81 1 Q. Say, you go into a family; and say the mother 2 or the father has a substance abuse problem and possibly 3 a mental illness. What do you do with the parents? I 4 mean, what treatment does the parents get? 5 A. I'm thinking we did have a case like that, 6 and what we ended up doing is CPS gets involved because 7 you try and work with the parent if they're having -- if 8 they have a substance abuse problem, we ask them -- 9 actually they couldn't even relate to the parent. 10 Q. So, basically -- because I know one of the 11 basic principals on MST is if the parent is not involved 12 or does not want to -- is not empowered, it does not 13 work? 14 A. It doesn't work. So, no, they -- the end 15 result is the child is removed from the family because 16 if there's substance abuse there, you're supposed to 17 report that because it's endangerment to the child. You 18 know, it's a type of neglect. 19 If the child isn't going to school and the 20 parents are on drugs, they don't care if they go to 21 school. So, it becomes educational neglect; and that 22 has to be reported to the school and then CPS gets 23 involved because when there's substance abuse, there's 24 also, you know, domestic violence. 25 Q. So, how does MST work in that situation? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 82 1 A. Everybody was removed. 2 Q. So, how can we have -- be going toward a 3 model where MST is a whole model and the single box for 4 all or our children but a good portion of our children 5 cannot even fit in the box? 6 A. That's right. You're right. I questioned 7 that when I saw this case and I was familiar with from 8 years before. And I said, "We're wasting our time." To 9 me, the answer was to remove the kids because the 10 parents are not going to be compliant. 11 Q. Are you familiar with another one of the 12 principles based on the MST that the -- for optimal 13 effectiveness of the treatment, that the provider of the 14 treatment has to be the same race as the family? 15 A. I didn't know that was a principle. I didn't 16 read the book. 17 Q. Well, that was one of the basic -- basically 18 it says in the Web site that it helps it -- 19 A. It does help. 20 Q. So, that's why I was questioning. Why are we 21 bringing so many people from the Mainland when -- 22 A. That was -- 23 Q. -- basically our multiple -- our bulk of our 24 population's ethnicity is minorities? 25 A. Right. I questioned that, and that's when RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 83 1 they used me to open the door. And I said I'm not going 2 to open the door unless this person is going to follow 3 through. And the family has to trust that this person 4 is going to help them, and I explained that, you know, 5 right now in the islands there's a big Hawaiian 6 resurgence kind of thing going on and they don't trust 7 outsiders and Mainland, you know, people. They say 8 these people are coming in trying to tell us how to 9 raise our kids, and why should I listen to them? 10 And if the therapist is telling them, you 11 know, for the -- what to do, they check with me. "Is it 12 okay for me to do what they're saying? Can I trust 13 them?" You know, so, it was duplication of services; 14 and there was no trust factor. If the therapist wanted 15 the family to do something, they would ask me to do -- 16 to ask the family to do it. 17 Q. Also, following up on a -- you said that a 18 lot of the -- times that multiple billing five -- three 19 or four kids, they take them to movies a lot of times? 20 A. Right. 21 Q. Because the basic theory of MST is to empower 22 the family. Basically you heal the family. 23 A. Right. 24 Q. How does taking the child out of the family 25 to movies with three or four of its peers who have RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 84 1 similar problems help strengthen the family? 2 A. Oh, we didn't mix up anybody in MST. We're 3 talking -- when we took the kids out to -- when the 4 therapists took the kids out for basketball, that was 5 when I was with Susannah Wesley under a separate 6 program. 7 Q. So, what about the movie program? I mean, 8 when we -- 9 A. Oh, with MST, they did take the client out to 10 the movie or to the beach or -- 11 Q. With their family as a whole or -- 12 A. No, just the child. They called it respite. 13 Q. So, basically you're giving the parents a 14 break from them? 15 A. A break. 16 Q. Let me get back to what I was following back 17 there. I still can't under -- what happens if one of 18 the family members had suffered from -- your diagnosis 19 as maybe -- oh, from the social worker that that adult 20 had adult mental problem? 21 A. Then if they say they have schizophrenia -- 22 the parent had schizophrenia, then it was just helping 23 the parent maintain their medication, make sure they -- 24 Q. And who did that? 25 A. Dr. Lee and the therapist. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 85 1 Q. So, the basic problem that I always had with 2 that one theory or that one -- what you just said right 3 here is we're using our children's adolescent health 4 money for adult mental health and adult programs? 5 A. Yes, right. 6 SENATOR MATSUURA: Okay. Thank you. 7 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 8 Senator Matsuura. Representative Leong followed by 9 Senator Sakamoto. 10 REPRESENTATIVE LEONG: Thank you, Co-Chair 11 Saiki. 12 EXAMINATION 13 BY REPRESENTATIVE LEONG: 14 Q. I just had a question -- first of all, how 15 many children were involved directly in this program 16 that you were working with? 17 A. I can't -- 18 Q. How many clients? 19 A. I would say the highest we went to, I think, 20 was about 29, 28. 21 Q. 29? 22 A. 28, 29. 23 Q. And were these clients divided amongst all 24 the therapists? 25 A. Yes. They -- and some of them dropped -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 86 1 some clients did drop out. You know, parents signed 2 themselves out. 3 Q. You never -- so, at that time, no more were 4 added to it? 5 A. No. 6 Q. I mean, they just kept that same number 7 because eventually -- 8 A. They still -- they stopped recruiting in 9 February, I believe, in this year or March; and I 10 asked -- that's when I knew something's wrong. 11 Q. I see. 12 A. So -- 13 Q. So, regarding the status of the program today 14 since it's so-called gone -- 15 A. Right. 16 Q. -- it still exists in some form; is that 17 correct? 18 A. Yes, I think they were giving a closing date 19 of November 5th. 20 Q. I see, uh-huh. And what do you do now? 21 A. Nothing. 22 Q. Nothing? 23 A. I'm here. 24 Q. All right. So, my question is: As you 25 viewed -- as is talked about -- as you viewed that RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 87 1 something was not apropos, not appropriate in the 2 billing as things were going on -- 3 A. Uh-huh. 4 Q. -- and you felt uneasy and other people felt 5 uneasy that this was occurring -- 6 A. Right. 7 Q. -- in other words, you said it was not 8 truthful. 9 A. Uh-huh. 10 Q. And you tried to state your concern about it, 11 and nothing was done about it. Could there have been 12 someone else or some other course that you could have 13 turned to? 14 A. I mean, they said to go as far as your 15 clinical supervisor -- first your immediate supervisor 16 and then you go to your clinical supervisor. Then you 17 go to your project director. And then I went as far as 18 the executive director, and then it just stays. 19 Q. And the executive director was? 20 A. For Susannah Wesley it was Ron Higashi. 21 Q. I see. 22 A. Uh-huh. 23 Q. And did you at any time do any anecdotal 24 writing about what you saw, any memoirs of what you 25 heard or had seen? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 88 1 A. No, no. 2 Q. I guess I have a concern also about the 3 spending and what could have been done for it instead of 4 your just being -- you know, maybe your just being 5 released from the job or what else could have been done 6 about it. Do you have any -- as you reflect on it now, 7 do you have any ideas what you could have done? 8 A. To save the project or to prevent all that 9 was going on? 10 Q. Yes, yes. 11 A. To prevent it? No. I think I went as far 12 as -- I think I took a chance going to South Carolina 13 since I think everybody is intertwined. 14 Q. I see. 15 A. I mean, you know, between -- and we had late 16 night meetings, you know, with different people, you 17 know, including the medical director. 18 And each consultant that came down, I would 19 corner them and say, "We need a meeting. This is what's 20 going on." And I said -- this is exactly what I told 21 them. I said, "You know, there's some people on the 22 team who are not being held accountable." 23 Q. Uh-huh. 24 A. And I'm hearing from parents and they're not 25 even from this island, you know. They're from another RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 89 1 state or, you know, they're not of our culture. 2 And I said, "We have some" -- "these are our 3 people. We have to live here, and our kids and our 4 grandkids are going to grow up with the rest of the 5 population here. We want to make a difference. We're 6 invested here. They can just come, do their thing, pick 7 up and leave if it doesn't work. We have to live here, 8 and we want to make a difference. And we're putting in 9 a lots of hours covering for them, and it has to stop. 10 You know, we've been complaining for going onto a 11 year" -- it was almost a year. "Something has to be 12 done." 13 Q. Thank you. Would you just also requalify 14 what the changing of the envelopes would do? I know 15 that it has to do with money, but it would also sort of 16 invalidate the process of the program. 17 A. I only went on one recruiting thing. 18 Q. Uh-huh. 19 A. The crisis case manager who is usually the 20 recruiter to recruit the families, they would go and try 21 and sell MST. 22 Q. Uh-huh. 23 A. And I know they were told -- because, you 24 know, they told us in the beginning, "Say whatever you 25 have to say to get them to sign to be in the study." RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 90 1 So, they did; and it was a real sales pitch. 2 And then they would have an envelope that they were 3 given before they went out. It either said usual 4 service or MST. 5 Q. Uh-huh. 6 A. And after selling MST, of course, they would 7 want it -- you know, saying we are going to be there 8 24/7. You know, you have a case manager. You have a 9 resource specialist and you have a therapist and they're 10 always going to be there. We're going to help the whole 11 family. It's a family, you know, thing. We're going to 12 take care of, you know, brothers and sisters, you know; 13 and we're going through the whole ecology of bringing 14 uncle in, aunty, you know. We're going to build up this 15 whole support system for you. And, of course, we build 16 them up; and then when you open the envelope, it may say 17 usual service. 18 Q. I see. 19 A. And sometimes they were told to switch the 20 envelopes. 21 Q. I see. Thank you, Ms. Pereira. 22 REPRESENTATIVE LEONG: Thank you, Co-Chair 23 Saiki. 24 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 25 Representative Leong. Senator Sakamoto followed by RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 91 1 Representative Marumoto. 2 SENATOR SAKAMOTO: Thank you. 3 EXAMINATION 4 BY SENATOR SAKAMOTO: 5 Q. Of the 28 or 29, were those particular types 6 of disabilities or disorders or what popu -- what 7 population was that? 8 A. I think the majority had some kind of 9 juvenile justice problem, conduct disorder, maybe a 10 few -- one or two maybe -- I don't know if they were 11 diagnosed right; but they would say bipolar or psycho 12 thymic and -- 13 Q. So, from -- 14 A. More, let's say, conduct or opposition by 15 insider. 16 Q. So, from your experience, MST would have -- 17 that's the appropriate group to try or not? 18 A. It -- that was the appropriate group for -- 19 Q. I just heard you saying you go and sell -- 20 A. Right. I would say for the conduct disorder 21 groups and oppositional group -- kids, yes. If they 22 have any kind of maybe psychotic kind of problem, I 23 would say -- I don't know who was skilled enough to do 24 that, I mean, not the ones that we had on our team. 25 Q. MST -- well, obviously MST is one of many RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 92 1 different things? 2 A. Right. 3 Q. It's not a cure all for everything? 4 A. No, but you were expected to, you know, do 5 substance abuse and, you know, domestic violence and 6 marriage counseling and, you know, family therapy and, 7 you know, be kind of somewhat schooled in those areas 8 because that's what you're going to be working with when 9 you're working with what they would call a dysfunctional 10 family. 11 Q. Okay. So, then you had who you had, whether 12 they are the chronic, the violent, the substance 13 abuse -- 14 A. Yes. 15 Q. -- or juvenile justice? 16 A. Right. There were some we wouldn't take. We 17 wouldn't take autistic kids, any special -- those kind 18 of -- oh, and sexual offenders. 19 Q. So, there's some screening in terms of -- 20 A. Right. 21 Q. -- at least what pool? 22 A. Uh-huh. 23 Q. At that point, who determines sort of -- 24 well, how well are these children doing in school? How 25 well -- how responsible is their behavior? How safe is RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 93 1 the child? How stable is the child? Who started to 2 determine the scale of good, okay, unacceptable, very 3 poor? Who started to rank where they are at the start? 4 A. I think it would be -- my understanding is 5 that it went to the care coordinator of the family 6 guidance centers. They were -- and then the care 7 coordinator would refer them to MST if they felt the 8 child would fit in MST. 9 Q. I guess I'm asking after -- after they're in 10 MST. 11 A. Oh, after they're in -- it would be the 12 therapist. If they -- once they're in MST, the 13 therapist is the one that would gauge where they are, if 14 they're doing okay in school, if they're doing okay at 15 home, if the parents are complying with the plan or -- 16 Q. Earlier you mentioned at least in one case, 17 perhaps, weekly would have been okay as opposed to 18 daily. Who would make the determination or -- as far as 19 the child is progressing and, perhaps, is a candidate -- 20 whether it's four months or not, is a candidate for 21 exiting the program? Who would make those 22 determinations? 23 A. I think between the therapist and the 24 clinical supervisor; but in the Continuum, they would 25 stay in for two years. We would keep them no matter RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 94 1 what for two years. 2 Q. Okay. So, for the 28 or 29, there wasn't 3 never an exit provision for these pupils? 4 A. No, after two years then they're out. 5 Q. Even if they're doing well? 6 A. Right. We put them on -- well, we didn't do 7 it; but they said we would maybe start something 8 outpatient where we follow through with them every two 9 weeks instead of weekly. 10 Q. Was there a separate sort of evaluation 11 system for the child for if -- sometimes two or three 12 children and a separate evaluation system for Parent A 13 or Adult A, Adult B, Adult C? 14 A. Generally I think with the therapists, they 15 had intermediary goals that the client and the family 16 would meet, goals on a paper that weekly they would 17 either meet it, not meet it, but not specifically for 18 the whole family. 19 Q. I guess -- I guess when I look at -- you 20 know, some reports on status of a child might be 21 learning progress from one to six? 22 A. Uh-huh. 23 Q. Responsible behavior from one to six, in 24 other words, unacceptable to acceptable? 25 A. Uh-huh. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 95 1 Q. You know, safety of the child, et cetera. I 2 guess I'm -- the question I'm asking is: In MST or in 3 the way you and your group were operating it, were those 4 evaluations done periodically? 5 A. I think once in a while verbally they would 6 ask, "What's the engagement for one to ten?" That 7 was -- that's the only thing I knew that was gauged was 8 the engagement with the family. 9 Q. And, I guess, at the outset you said the 10 files -- you weren't happy with the process? 11 A. No. 12 Q. But as the system went on, you're not -- I 13 guess you said you sort of disengaged -- 14 A. I disengaged myself. 15 Q. So, you don't know -- or do you know at this 16 time if the files do include reports that show this 17 child progressed from a one to a four in learning and 18 from a two to a four in something else? 19 A. I don't know. 20 Q. That's not -- 21 A. I wouldn't know because -- I know the 22 therapists document; but I know case managers who go 23 actually respond to the crisis, they didn't do 24 documenting. 25 Q. But -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 96 1 A. So, I wouldn't know. So, everything would be 2 by word of therapists; and I don't know how they would 3 gauge that. 4 Q. So, do you -- 5 A. Except by met, not met, by goals, but not on 6 a scale of one, two, anything. 7 Q. Would the scales have been a way to document 8 progress that could be passed along to other people, 9 teachers, and evaluate whether the child should exit or 10 not? Would that have been a good way to do that or -- 11 A. I think if they made it honestly and clear -- 12 I mean, I can't vouch for someone. 13 Q. Well, honesty and clarity aren't 14 necessarily -- 15 A. Right. 16 Q. -- the word of the day from what you were 17 saying before. 18 SENATOR SAKAMOTO: Okay. Thank you. Thank 19 you, Chair. 20 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 21 Senator Sakamoto. Representative Marumoto -- 22 REPRESENTATIVE MARUMOTO: Thank you. 23 CO-CHAIR REPRESENTATIVE SAIKI: -- followed 24 by Senator Buen. 25 REPRESENTATIVE MARUMOTO: Thank you, RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 97 1 Mr. Chairman. 2 EXAMINATION 3 BY REPRESENTATIVE MARUMOTO: 4 Q. You know, it's kind of distressing -- well, 5 first of all, I wanted to commend you for speaking out 6 very early and questioning some of the practices and 7 talking to your supervisors. I give you a lot of 8 credit. 9 Secondly, I don't dispute the fact that you 10 said a large group came in from outside the state; and 11 they were not culturally sensitive. I could see that, 12 you know, this could happen. If they were not 13 qualified -- I believe you they were not qualified; but 14 on the other hand, I think you don't want to kind of 15 profile everybody. 16 A. Right. 17 Q. I think if you went to South Carolina and you 18 became a therapist there, you would probably be a very 19 good therapist also. 20 A. Uh-huh. 21 Q. You didn't want to condemn everybody from 22 South Carolina. But it's distressing to hear about the 23 switching of the envelopes, following up on what 24 Representative Leong was talking about, because the 25 envelopes would determine whether you were in MST or RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 98 1 non-MST and it was to establish a control group for a 2 research project? 3 A. Uh-huh. 4 Q. So, if that was manipulated, then the entire 5 research project -- 6 A. Was tainted. 7 Q. -- would be tainted. It would be garbage. 8 It wouldn't be worth anything. 9 And so, I'm just wondering whether, you know, 10 you can say at this time -- do you know who is 11 responsible for manipulating the envelopes and, you 12 know, what's -- do you think it's a -- was it a 13 committee decision or an individual decision? 14 A. I don't know if it was an individual or team, 15 I mean, you know, administrative decision. I don't 16 know. 17 Q. You do not know whether it's an individual 18 division -- decision, but do you think it could have 19 been a team decision? Was it made in a meeting or -- 20 A. That, I couldn't tell you. They -- all I 21 know is that that person was told to do it. And I said, 22 "You should bring it to somebody's attention," what 23 we've been doing from the beginning; but we know it's 24 not going to go anywhere. You know, we didn't know 25 where to go. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 99 1 Q. Would you have any idea how much was devoted 2 to this -- the research project, the research aspect? 3 A. How much -- 4 Q. How much money was devoted to the research 5 project? 6 A. I have no idea. I don't know. 7 Q. It's probably an answer probably I should 8 know a bit more than you, but I don't recall at the 9 time. 10 You said the goal was to show that the MST 11 families would be cheaper than the control group -- 12 A. Right. 13 Q. -- the usual services? 14 A. Uh-huh. 15 Q. And what -- how did they determine which went 16 into which group? 17 A. You mean, who would qualify for MST or -- 18 Q. Yes. How was that determined if it was 19 manipulated? 20 A. A lot of times I didn't know because when I 21 would go to the guidance centers, the care coordinators 22 would say -- or even when I was at court, some of the 23 POs would say, "How do we get our" -- "refer the kids? 24 What is the criteria? Because we have referred a lot of 25 these kids to, you know, the guidance centers and asked RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 100 1 for it to be in the Continuum"; but I said, "But it's 2 supposed to be random." 3 But they said, "Well, you have some of our 4 kids who have met the criteria; and we have a lot of 5 kids with the same criteria but they're not getting it." 6 And then you -- and so, the guidance centers would ask 7 me; and I would say, "I don't know." Even though I 8 know -- knew already something is wrong, I didn't -- I 9 said, "I don't know." 10 Q. Well, they should be random; but whoever was 11 manipulating it might have been wanting to prove the 12 goal to show that MST was cheaper? 13 A. Uh-huh. 14 Q. So, how was that determined? I mean, was the 15 more expensive services -- the children that required 16 more expenses services put into usual -- the services as 17 usual group? 18 A. That's what I would think. I don't know, 19 but -- 20 Q. What are the more expensive services? 21 A. I think kids who are hospitalized that need 22 to be in -- people with -- I think kids who have 23 explosive disorders or, you know, hurt themselves, some 24 depression, bipolar, schizophrenia, you know, when they 25 have episodes and they're not maintaining their RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 101 1 medication. 2 Q. More intensive services? 3 A. More intensive. 4 Q. Residential services? 5 A. Yes. But I find that, you know, some kids 6 are just sent to Kahi because, you know, nothing else is 7 available on the island. I mean -- 8 Q. Okay. 9 A. Yeah. 10 Q. So, would you say that the services as usual 11 group contained more of this type of patients? 12 A. Services -- yes, yes. 13 Q. So -- 14 A. But I think we had our -- we did have some of 15 our fair share, but I think what we had was sort of the 16 norm, kind -- somewhat of the norm because we still used 17 usual services, services which we weren't supposed to. 18 I mean, we still used their biopsychosocial. We still 19 used their group homes. I mean, we still used 20 hospitalizations. I mean, we still did service 21 authorizations and -- 22 Q. Okay. So -- thank you. If there was the 23 goal to prove that MST services were cheaper, then 24 probably what was done to the control group was the 25 children that required more expensive services would be RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 102 1 put into that group? 2 A. Yes. I think -- wait. What was the question 3 again? 4 Q. Well, we wanted to prove that MST was 5 cheaper -- 6 A. Right. 7 Q. -- per patient. 8 A. Right. 9 Q. Then would not the person who was 10 manipulating the envelopes put the more expensive 11 patients into the services as usual group rather than 12 the MST group? 13 A. I'm thinking that we were supposed to have 14 these homes in place, see; and we wouldn't have to send 15 them to maybe an AEP program or a biopsychosocial 16 program, after-school program, or hospitalization. If 17 we had these MST that identified homes that were skilled 18 and were able to deal with these youths as respite for 19 the, you know, foster families or whatever, instead 20 of -- when they acted out at home, take them and hurry 21 up and put them in Kahi for the night, we could put them 22 in a respite home or provide that service; but that 23 wasn't available. 24 Q. Uh-huh. 25 A. And after school, we didn't have anything -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 103 1 nothing was followed through. So, the kids ended up in 2 a biopsychosocial program, which is another usual 3 service. I just believe things were not in place the 4 way they should have been. 5 REPRESENTATIVE MARUMOTO: Okay. Well, thank 6 you very much. 7 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 8 Representative Marumoto. Senator Buen. 9 SENATOR BUEN: Thank you, Co-Chair Saiki. 10 EXAMINATION 11 BY SENATOR BUEN: 12 Q. Going back to the Mainland providers or the 13 Mainland specialists that were hired by CAMHD -- 14 A. Uh-huh. 15 Q. -- do you know what the salaries were -- 16 A. I know some of their -- 17 Q. -- that were paid to the Mainland 18 professionals that are hired? 19 A. Oh, you mean -- you're talking about the 20 consultants? 21 Q. The consultants. I'm sorry. 22 A. No, they just -- they just told us; and they 23 were pretty honest that they were very well taken care 24 of. 25 SENATOR BUEN: If the list of all the RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 104 1 personnel and the CAMHD -- if they didn't provide a list 2 of the personnel and their salaries, maybe the Co-Chairs 3 could ask for that from CAMHD. 4 Q. (BY SENATOR BUEN) When you were working at 5 CAMHD, did CAMHD utilize existing Medicaid rates of 6 reimbursement for the same mental health services that 7 Medicaid pays its mental health providers? 8 A. And this is for -- 9 Q. Do you know? 10 A. -- MST Continuum or -- we didn't have to 11 service authorize. If we're talking about before, which 12 is that -- 13 Q. Do you know if there was a memorandum of 14 agreement between CAMHD and Med Quest? 15 A. No, I don't. I don't know. I don't know. 16 Q. Okay. My questions are in line with that and 17 the rates of reimbursement. 18 A. If we're talking reimbursement, say, like, in 19 '97 to '99, I -- I can remember in '97 when we had a 20 meeting and I can't find the paperwork here but I think 21 for the therapists at that time they were paying -- they 22 were reimbursing the private providers maybe $65 an hour 23 for therapists. And I'm not sure about psychologists or 24 psychiatrists. I'm not sure at that time, but they were 25 paying at a rate -- agencies were paying the therapists RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 105 1 about 19 -- 16 to $19 an hour. Then for the case 2 managers, they were reimbursing $45 a unit; and they 3 were paying from 12 to $13 an hour. 4 Q. Is that what is -- what Med Quest pays out? 5 A. I have no idea. 6 Q. Okay. 7 A. I have no idea. 8 SENATOR BUEN: To the Co-Chairs then, I 9 think -- I would like to see if there was, in fact, a 10 memorandum of agreement between CAMHD and Med Quest and 11 what those -- through the memorandum of agreement, if -- 12 what would -- what were the rates of reimbursement to 13 the service -- for the services provided because I would 14 like to know if CAMHD utilizes its provider panel to 15 provide the mental health services and reimburses them 16 at a higher rate. 17 Q. (BY SENATOR BUEN) I understand that many 18 of -- or some of these providers are also Med Quest 19 providers? 20 A. I don't know. I don't know that. 21 Q. Okay. Do you know if CAMHD has an 22 explanation of benefits? 23 A. Benefits for -- 24 Q. This -- does the explanation of benefit -- I 25 mean, what I'm looking for is a detail of all the mental RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 106 1 health services provided and paid for by CAMHD and what 2 CAMHD paid for which provider. 3 A. Do they have one? 4 Q. I don't know. 5 A. Oh, you're asking me? 6 Q. Yes. 7 A. They had for our agency. And the list -- 8 it's Anna Russell. 9 SENATOR BUEN: I have some other questions, 10 but I think I'll ask them later on to someone else. 11 Thank you. 12 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 13 Senator Buen. Co-Chair Hanabusa. 14 CO-CHAIR SENATOR HANABUSA: Thank you. 15 EXAMINATION 16 BY CO-CHAIR SENATOR HANABUSA: 17 Q. You mentioned an entity that we just heard 18 about in the lot -- last hearing. You said you also 19 worked on the PREL grant to the key project in Kahalui. 20 A. Uh-huh. 21 Q. Can you tell me what exactly was this PREL 22 grant to the key project and what you were doing on it? 23 A. I don't -- I don't know that -- what I was 24 project coordinator of. I don't remember because it was 25 so short, but I -- it was actually trying to get the RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 107 1 children -- the families engaged in participating more 2 in the educational part in school, like, getting them to 3 volunteer. So, there was lot of disseminating 4 materials, holding workshops that would interest them to 5 get them to coming into school and get them to feel 6 comfortable on the campus where they would start 7 volunteering in the classroom and working with the kids. 8 Q. Was this related to Felix kids? 9 A. No. 10 Q. Oh, this is unrelated to Felix? 11 A. Unrelated, but they ended up being Felix 12 kids. 13 Q. They ended -- 14 A. Because the workshops the parents were 15 interested in was mostly diagnostic kind of workshops 16 and trying to understand the children's diagnosis. 17 Q. And how long were you at the key -- 18 A. Six months. 19 Q. You made a comment that you stopped basically 20 referring others because you knew where the research was 21 going? 22 A. Uh-huh. 23 Q. Do you recall saying something like that? 24 A. Uh-huh. 25 Q. What did you mean when you said you knew RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 108 1 where the research was going? 2 A. I think because -- when they stopped 3 recruiting, we didn't have anything in place that the 4 model said that was going to be in place; and I saw 5 the -- what a lot of the therapists were doing and some 6 other employees weren't doing and putting in place that 7 this was -- and this is a big cover-up. We're going to 8 fail. We're not getting any clients. If we're not 9 recruiting, then how are we going to get clients? 10 So, you know, we just stopped at, like, 20 11 something; and then there was nothing to recruit 12 anymore. I said, then, you know, how are we going to 13 meet our goals? And I just saw that there was such a 14 poor -- you know, poor supervision going on. And I just 15 saw that it -- and I told everyone on the team, "I think 16 everybody should start looking for a job because it 17 looks like it's going to close." 18 Q. Now, how long were you working on the MST 19 Continuum? 20 A. From the beginning, July 10th, a year and one 21 month -- about a year and one month, July 10th, yeah. 22 Q. July 10th, 2000? 23 A. 2000. 24 Q. So, as far as you know, July 10th, 2000 is 25 when the MST Continuum started? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 109 1 A. Started, as far as I know. 2 Q. Okay. Can you give me a quick lesson in the 3 difference between Continuum and home based? 4 A. The Continuum is a contin -- it's a research 5 project that is con -- let's see -- that we stay with 6 the child for two years. From the time they're 7 recruited and agree to be in the study, we will provide 8 services to the child and the family, the whole family, 9 for two years. 10 And they have a therapist -- a crisis case 11 manager, a family resource specialist, and their own -- 12 what do you -- psychiatrist. You don't need service 13 authorizations. The psychiatrist services the whole 14 family. 15 And MST home based is more like three to six 16 months -- in my understanding, it's three to six months 17 depending on the child; and they need authorizations for 18 the services that we were providing. They didn't have 19 case management. They didn't have a resource 20 specialist, but the Continuum ended up hiring TAs on the 21 side after a while also, but not through CAMHD. It was 22 just through word of mouth we -- you know, the parent 23 told us the child needed a TA. We didn't have a TA. We 24 hired a neighbor. 25 Q. To be the TA? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 110 1 A. To be the TA. 2 Q. Do you know how long MST home based was in 3 place? 4 A. No, I have no idea. 5 Q. Did you ever work MST home based? 6 A. No. 7 Q. Now, you were on staff for the Department of 8 Health? 9 A. I don't know what you mean by "on staff." We 10 were contracted to HFAA. 11 Q. So, what -- well, are you a state -- or were 12 you a state employee? 13 A. No, no. 14 Q. So, who was your employer? 15 A. For MST Continuum? 16 Q. Right. 17 A. HFAA. 18 Q. What does HFAA stand for? 19 A. Hawaii Families as Allies. 20 Q. But who actually hired you? 21 A. Hawaii Families as Allies. 22 Q. Was there any one person in charge of hiring 23 people to work on the MST Continuum? 24 A. There was -- for the Continuum, it was John 25 Donkervoet that I knew of; but I didn't meet him until RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 111 1 we did the training. 2 Q. So, as far as you know, was John Donkervoet 3 an employee of HFAA as well? 4 A. No, he was with the Continuum, the MST 5 Continuum, which was a state -- it was a state -- it was 6 an exempt -- I don't know if it was an exempt position. 7 I'm not sure. 8 Q. What about those consultants that you 9 mentioned from South Carolina? Do you know who paid 10 them? Was HFAA the contracting agency, if you know? 11 A. In my understanding -- and I'm not really 12 sure. This is by word of mouth. It was paid by the 13 state. 14 Q. I was also curious about your statement -- I 15 forgot who it was made to. It was made to 16 Representative Ito's question. You said something about 17 you went for training for a week; but you really 18 can't -- or couldn't tell him what MST theory was all 19 about, something to that effect. Do you remember saying 20 that? 21 A. Yes. 22 Q. What was this training that you were given 23 for a week? 24 A. I believe it was on the MST principles and 25 how we were going to go about working with the families. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 112 1 Q. Was there anything unique about that training 2 that stands out in your mind now? 3 A. No. 4 Q. No. You keep referring to the fact that you 5 believe that -- whether it's MST or it's just dedicated 6 therapists, you would come out the same way if you had 7 the dedicated therapists on a 24/7 type of work 8 schedule? 9 A. Dedicated skilled therapists. 10 Q. So, is that what you mean by you don't see 11 the distinction between MST, if it's going to be 12 successful, than what dedicated skilled therapists would 13 be doing? 14 A. I didn't see it in the beginning. What I 15 bought into was that they had a team working with the 16 family, that they had the case manager and the family 17 advocate, the voice for the family also, sort of like an 18 overseer. And I thought a team working with the family 19 is a lot better. 20 They can either -- if the therapist isn't 21 available, the case manager is available or the research 22 specialist is available; but when you used -- when the 23 family is in turmoil and you're going in there and if 24 you go alone as a therapist, sometime it doesn't work; 25 but we've seen that when you go in with either a crisis RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 113 1 case manager or a research specialist, you can take 2 one -- you can take the mom and you take the kid and, 3 you know, kind of separate and work together as a team. 4 And if the kid sees only one person coming in sometimes, 5 rather than two or three, he goes, "Oh, well, my mom has 6 an Army here," you know, backing her up then. And 7 there's three people saying it besides mom that this is 8 what has to be done. 9 Q. Did you have a workload of so many cases that 10 you were responsible for? 11 A. Well, the therapists, I think they had three. 12 A lot of them had three, three apiece; and mine covered 13 the whole Continuum. 14 Q. So, you had 28 or 29? 15 A. Right, 28. 16 Q. 28. And were there anyone else in your 17 category? 18 A. There was, and they left -- one left. One 19 was asked -- well, I think a couple was asked to leave 20 because they weren't doing the -- 21 Q. Were you the most consistent person then from 22 the beginning, July in 2000, to the time it closed down? 23 A. That I stayed -- 24 Q. Yes. 25 A. There's a couple of case managers -- well, RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 114 1 one case manager that stayed from the beginning, 2 excellent case manager. 3 Q. So, the 28 number -- that's a total number in 4 the MST Continuum? 5 A. Continuum. 6 Q. So, the case managers -- you shared the 28 7 cases? 8 A. Right. 9 Q. But any one of you would know No. 1 to 28? 10 A. Right. 11 Q. Now, you also mentioned that -- something 12 about pay scale -- 13 A. Uh-huh. 14 Q. -- what was being billed and what was 15 actually being paid. Is this for the MST? 16 A. No, we didn't bill. 17 Q. No, no. I'm -- I mean, what the state was 18 paid. You said $65 an hour for therapists. 19 A. This is for private providers when they were 20 contracting. This is, I'm saying, '97 -- I'd say '97. 21 It's in '99. 22 Q. And this is with Susannah Wesley? 23 A. Right. 24 Q. So, you were saying that the state was being 25 billed $65 an hour for therapists -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 115 1 A. Right. 2 Q. -- and the therapists working there were 3 getting paid only 16 to 19? 4 A. 16 to 19. 5 Q. And the case manager was being billed out at 6 $45 an hour, but you were actually being paid 12 to $13? 7 A. $13. Right. 8 Q. Were you a case manager at Susannah Wesley? 9 A. I was a case manager, and then I don't know 10 what the rate was for the TA. My understanding was 35 11 or more, but they were paid like $9 an hour. 12 Q. Now, how about at the MST Continuum? How 13 much was a therapist paid? 14 A. It ranged. They had a base salary, and they 15 got 25 percent of their salary for being -- 16 Q. The 24/7? 17 A. Yes. 18 Q. And what was the base salary, if you know? 19 A. From what I understand, the base was -- I'm 20 not sure. 34,000 was the base. The high was -- the 21 high, I was told, was 50. 22 Q. 50? 23 A. 50. 24 Q. And as a thera -- I mean, as a case manager, 25 how much were you guys paid? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 116 1 A. Case managers -- I wasn't a case manager. 2 But case managers, the low was 28 base salary; but if 3 you add the -- it would go up to 36 sometimes if you 4 added the 25 percent. 5 Q. The case managers were also given the 25 6 percent? 7 A. 25 percent. 8 Q. What was your category? 9 A. Family resource. 10 Q. Oh. And what were you folks paid? 11 A. We started out at $10 an hour. 12 Q. And you folks were not given the 24 -- 13 A. No, no. 14 Q. -- 7? 15 A. They went up -- after threatening to leave, 16 they went up to a generous $13 an hour. 17 Q. So, when you terminated, you were at $13 an 18 hour? 19 A. Right. 20 Q. You know, that's interesting. 21 Now, you also mentioned and continued to 22 mention the fact that you were concerned about the fact 23 that people were coming in from the Mainland who were 24 not culturally sensitive. That was a major point 25 throughout your testimony. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 117 1 A. Right. 2 Q. How many of your colleagues -- well, let's 3 start with this first. How many of you worked together 4 at any given time on the Continuum on the 28? 5 A. Oh, geez, I would say -- the whole team 6 including our supervisors? 7 Q. Yes. 8 A. Maybe 13. Let me see. And that includes our 9 administrators or just the -- 10 Q. No, the ones that are servicing. 11 A. Okay. Including our supervisors, because 12 they went out with us -- okay. Maybe 12 at the most. 13 Q. 12. And you worked in teams of about three 14 to four each? 15 A. They -- each therapist would get three, about 16 three. 17 Q. So, of the 12 or so of you, how many were 18 from there and how many were not? 19 A. Okay. Let's see. Well, a couple of 20 therapists did leave that were from the Mainland. So, 21 I -- did you want them counted also or just the ones 22 that we ended up with? 23 Q. No, no, all the time. 24 A. All -- I would say about six. 25 Q. Were from here? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 118 1 A. Uh-huh. No, were not from here. 2 Q. Were not from here? 3 A. Right. 4 Q. And what -- did they tend to be the 5 therapists or -- 6 A. Therapists, one case manager. 7 Q. And one case manager. So, they were actually 8 the higher paid jobs? 9 A. Right. 10 Q. And you kept the staff of about 12. Was that 11 about a constant number? 12 A. About, yeah. 13 Q. Senator Matsuura has been talking about MST 14 for a very long time, and something he said and you 15 responded to is very troubling. If I understand it 16 correctly, what Senator Matsuura was saying is that the 17 concept of MST is that you're treating the whole family. 18 That's correct, right? 19 A. Right. 20 Q. But you said that a lot of times the child 21 ends up in residential or institutional care -- 22 A. Right. 23 Q. -- of the 28 that you're servicing? 24 A. Uh-huh. 25 Q. So, can you tell me, of the 28, how many -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 119 1 when you say they end up in residential or institutional 2 care, is that sporadic, like, when they act up or is 3 that, you know, after treating them for four months or 4 so or a given period of time you think they got to go to 5 institutional or residential care? 6 A. You're talking all 28, 29. Some were 7 sporadic. That would be hospitalization. Residential, 8 I would say some were long-term residential. Some were 9 jumping from foster home to foster home to foster home 10 to foster home. 11 Q. So, how many are actually in the home for 12 most of the time of the 28? 13 A. I would have to look at the whole list. 14 Q. Okay. An estimate. The reason why -- if MST 15 is to treat the family and they're spending a good deal 16 of time in either the hospital or in residential 17 treatments or in foster home to foster home to foster 18 home -- 19 A. Right. 20 Q. -- it doesn't seem like MST for the purposes 21 that it's established -- 22 A. Right. 23 Q. -- is really addressing the problem. 24 A. Right. 25 Q. So, would you say most of these -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 120 1 A. I would say about half -- 2 Q. Half? 3 A. -- were not in the home after a while. 4 Q. Well, wouldn't that just taint the whole 5 sample -- 6 A. Yes. 7 Q. -- even -- we have the taint to begin with. 8 And now you really have half of them who are not even 9 fitting the criteria. 10 A. And that was my concern when we started doing 11 service authorizations because no one was qualified to 12 do it because they had never done it. So, they asked me 13 to do some; and I said, no, I didn't want to do it 14 because I -- I didn't think it was part of the model; 15 but then, you know, they started doing service auts for 16 biopsychosocials, for ADTPs, for hospitalizations and -- 17 correct. 18 Q. The fact that you didn't need to get any kind 19 of authorization for psychiatric and everything else, 20 did you have any kind of a budget that, you know, one 21 child is entitled to "X" amount of dollars? 22 A. No. 23 Q. So, hospitalization or residential care or 24 foster care -- whatever it is that they may be placed 25 in, was that something that you could just do with M -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 121 1 A. If they needed -- what we were told, if they 2 needed to be hospitalized and any type of long-term 3 residential, that we need to do a service auth and that 4 Tina Donkervoet needed to sign it and approve it. 5 Q. Have you had any trouble when they needed 6 it -- 7 A. No. 8 Q. -- to submit? 9 A. No. 10 Q. So, give me an idea of respite. How many 11 hours -- is there, like, a formula on respite? I mean, 12 you're there 24/7 to service this child and the family; 13 and in addition to that, you provide the family -- 14 A. Respite. 15 Q. -- respite. Now, is there a magical formula 16 or an average as to how many hours of respite the family 17 gets from the child? 18 A. No. I think whatever -- if the family would 19 call and say "I need time away from the child" -- I 20 mean, it can be every day. It can be three hours a day. 21 It can be two hours a day. It can be "I need somebody 22 to come and wake him up in the morning and take him to 23 school." So, get up in the morning, pick up my kid, 24 take him to school. When he's done, bring him back 25 home. Or, you know, "I have to go shopping today. Can RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 122 1 you keep him busy for another couple of hours?" Respite 2 can be anything. You know, "He needs to be watched this 3 weekend because I'm working. So, can you take him to 4 the beach? Can you" -- 5 Q. It's like baby-sitting. 6 A. It is baby-sitting. 7 Q. Respite is baby-sitting? 8 A. Respite is baby-sitting. Because we have 9 them in foster homes and they -- you know, and I 10 question that -- why are we giving respite to foster 11 parents when they're supposed to be trained -- 12 Q. That's right. 13 A. -- and we're paying them to watch them? 14 Q. That's my next question. 15 A. But then we're giving them respite every 16 week. 17 Q. So, you're giving foster parents respite as 18 well? 19 A. Respite -- oh, yeah, all the time; and I 20 questioned that. Well -- 21 Q. Respite to foster -- 22 A. Foster parents. Okay. Why? Why a 23 respite -- 24 Q. Foster parents are also being paid by the 25 state, right? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 123 1 A. Right, a lot of respite. 2 Q. And they get respite, too. Now, tell me, who 3 provides respite? I mean, can it be a therapist? Can 4 it be a case manager? 5 A. Either the therapist, the case manager -- 6 like I said, I refused. So, I never did it. I refused, 7 but I -- 8 Q. So, the people who make more money than you 9 are the ones providing baby-sitting services? 10 A. Yeah. I did it a couple of times because 11 everybody was doing their thing, and I did. And it's 12 totally boring, but I just said -- I refused to do it 13 after that. I don't see why we are covering for a 14 foster parent when we -- the state is paying them and 15 the guidance -- I mean, not guidance -- if the private 16 provider agency is paying them that amount of money to 17 be with this child, why are we paying respite? Or if 18 the child is acting up, why are we taking him from the 19 foster home, which is supposed to be able to take care 20 of this child, and taking him and putting him in -- 21 overnight in another residential home for about a week 22 and then, when they're done, take him back and put him 23 back in the foster home? 24 Q. I know this is going to sound like a stupid 25 question, but whenever you have a child in a residential RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 124 1 facility or hospitalization -- 2 A. Right. 3 Q. -- do we get back any of the money from the 4 foster parents? Do you know? 5 A. Do we get it back? 6 Q. Does the state get credit? Do you know? 7 A. I have no idea. Good question. 8 Q. So, there wasn't a form that you would send 9 in that says, you know, week this to this, child was not 10 there, so foster -- 11 A. When we filled out the authorization, we did 12 say when they were there; but I don't know how the 13 private provider agency did it at all, so.... 14 Q. I know you also said that you were the only 15 one who was not entitled to any kind of premium for 16 being 24/7. 17 A. Uh-huh. 18 Q. And I also believe you said you're not 19 entitled to overtime, correct? 20 A. Right. 21 Q. But can you tell me, on the average, how many 22 hours you believe you worked in a day or a week? 23 A. In the beginning -- well, some was sporadic. 24 It depends on the kids; but a lot of times, it was 25 called out after hours, a lot of after hours because we RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 125 1 had high-end kids. 2 And it was -- ranged from Kaneohe to Pearl 3 City or from there to the other side of the island. 4 So -- and sometimes at midnight, and it's just there. I 5 couldn't -- I said I felt like I was -- well, my husband 6 said he felt like I was doing it 50 hours a week; and 7 they acknowledged that it was. 8 I said I'm being stretched because you have 9 inexperienced, unskilled people out there. You know, 10 some things can be done over the phone. I don't see why 11 people need to go out all the time because what parents 12 can start to perceive as crisis really isn't a crisis. 13 It can be toned down over the phone. It doesn't have to 14 be direct outreach. 15 Q. Did any parent tell you what they did before 16 this -- this great services that you guys provide or 17 what they did for the child? 18 A. We asked -- that's one of the first questions 19 I asked them when I went out with the therapist and I 20 did my own intake. What has worked and what hasn't 21 worked? And they would say what they've tried, which is 22 very little. I mean, they don't know when they lost the 23 control; but they would say that they weren't getting 24 services. They weren't being seen. The child didn't 25 even know who the child's therapist was but they were RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 126 1 supposed to have had one but they didn't know who it 2 was. They didn't even know who the PO was, but they 3 knew they were in the system. They didn't get any 4 services, but they said they were supposed to have been 5 getting services or the person would not show up. 6 Q. What did they do, though, with the child? 7 Like, they can call you for respite or call the 8 therapist for respite. What did they do before? 9 A. They just let them not go to school, let them 10 be on the street, let them sell drugs, let them do 11 whatever they wanted to do. They said they lost 12 control. 13 Q. They just didn't parent. They just -- 14 A. Right, right. And then actually we went in 15 and told them what they can do and what they should be 16 doing; and we sort of just stood behind them while they 17 did it, like, if they had to start putting down rules. 18 I mean, if you put down rules, the kids somewhat test 19 you and up the ante. We're right there when they're 20 doing it and they'll take away this, no TV, no this, and 21 nothing, nothing. 22 Q. My last question is: Was there any kind of 23 final analysis done before you left about the success -- 24 quote, "success," however you may define it, of the 28 25 that you actually treated? Was there any kind of RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 127 1 debriefing done with either HFAA or Mr. Donkervoet about 2 what exactly -- I mean, what it did, what it didn't do, 3 where it went wrong? Did you have anything like that? 4 A. Nothing. 5 Q. Nothing? 6 A. Nothing. 7 Q. The program just came to an end? 8 A. Right. 9 CO-CHAIR SENATOR HANABUSA: Thank you very 10 much. 11 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 12 Co-Chair Hanabusa. 13 EXAMINATION 14 BY CO-CHAIR REPRESENTATIVE SAIKI: 15 Q. Ms. Pereira, I just have a couple of 16 questions, first, with respect to MST. You mentioned 17 that MST is partially closed? 18 A. Right. 19 Q. What do you mean by that? 20 A. They kept on, I think, three or four 21 therapists and two case managers to work with them 22 and -- you know, they weren't sure when they were going 23 to be closed. They just said, you know, they were going 24 to start transitioning; but they were just recently told 25 they were shutting down November 5th, to start getting RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 128 1 other services in place. 2 Q. Do you know why MST was partially closed? 3 A. Because we weren't -- they said we couldn't 4 find the population. There was not enough kids who 5 qualified to be in the Continuum and that services that 6 were being provided in Hawaii now were adequate to meet 7 the needs of the kids of Hawaii. 8 Q. So, as a result of the partial closure, do 9 you know if there were any administrative changes that 10 were made? 11 A. Administrative changes, I -- let's see. When 12 I was there, there was changes in -- midway and I mean 13 before John Donkervoet was our clinical supervisor and 14 then he was head of the whole research project; but 15 around January or February, wasn't it -- maybe -- well, 16 maybe it was in May, I'm not sure, maybe May -- we were 17 told that there was a reorganization and that Dr. Terry 18 Lee was heading the whole project. And if we had any 19 complaints, to take it to Dr. Terry Lee about what was 20 going on in the project. 21 Q. So, Dr. Terry is now in charge -- Dr. Terry 22 Lee is now in charge of MST? 23 A. Yes. And then when we were leaving, I think 24 the -- they're -- Cheryl Lamb who is the -- I think she 25 was a quality assurance peop -- person there. I'm not RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 129 1 sure what her title was. She moved up in a position, 2 but I don't know what -- to what title. 3 Q. Okay. Just a couple of questions on the 4 Susannah Wesley contract. 5 A. Uh-huh. 6 Q. I just kind of wanted to see if we could 7 quantify the billing practices. 8 A. Okay. 9 Q. How many special education students were 10 being serviced at Susannah Wesley during the time that 11 you were there? 12 A. I think because we were a research product, 13 they needed at least always 200 to be kept in the 14 research. So, sometimes we would get lower than 200. 15 Maybe the lowest may be, like, 185; but we tried to 16 top -- you know, keep it at 200 or a little over. 17 Q. And how many employees at Susannah Wesley 18 were billing for services? 19 A. Oh, gosh, I would -- I would give it an 20 estimate about -- between 15 and 20. There were some 21 case managers -- there was, like, about 10 or 11 of us 22 case managers and maybe 10 or 9 therapists. And we had 23 TAs. So, I'm not counting the TAs; but they were 24 also -- some were full-time; some were part-time. 25 Q. So, let's say at the high end, 20 employees RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 130 1 were billing -- 2 A. Right. 3 Q. -- 25 hours each per week? 4 A. Right. 5 Q. So, that's -- is that 500 hours a week? 6 A. Excuse me? 7 Q. I'm sorry. My math is bad. 8 A. I don't know. 9 Q. 25 hours at 20 workers, 500 hours a week. 10 A. 500. 11 Q. Is it possible -- you had mentioned that 12 there was padding going on with billing. 13 A. Quite. 14 Q. Can you quantify this by giving us a 15 percentage of the approximate number of hours that were 16 padded? 17 A. I couldn't say. I don't -- because we did 18 have a lot -- I mean, not everybody made their 25 hours, 19 by the way. We had very honest people that couldn't do 20 it no matter how creative we were. 21 Q. Just as a guesstimate. 22 A. I would say 250. Let's try half, at least. 23 Q. I'm sorry? 24 A. I don't know. Maybe 200. 25 Q. 200 of the 500 hours were padded? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 131 1 A. I would think so. 2 Q. Okay. 3 A. Because I wouldn't -- some of the things that 4 they said were billable were -- to me, was questionable. 5 Nobody could answer the questions a lot of times. Is 6 this billable? Is that billable? And they would say, 7 "just bill it." You know, so, we would bill it. 8 Q. What was the billable rate per hour? 9 A. For? 10 Q. What was the average billable rate per hour? 11 A. For therapists? At that time in '95 I think 12 it was 65 for therapists and maybe 45 for case managers 13 and I'm not sure what the TAs were. 14 CO-CHAIR REPRESENTATIVE SAIKI: Okay. Thank 15 you very much. 16 At this point we would like to take follow-up 17 questions, first, from Mr. Kawashima. 18 SPECIAL COUNSEL KAWASHIMA: I have none, 19 Mr. Chair. 20 CO-CHAIR REPRESENTATIVE SAIKI: Members, are 21 there any follow-up questions? If not, Ms. Pereira, 22 thank you very much for your testimony this morning. 23 THE WITNESS: Can I say something before I 24 leave? 25 CO-CHAIR REPRESENTATIVE SAIKI: Sure. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 132 1 THE WITNESS: I -- you know, I was being 2 called and I was asked why, you know, I would come to 3 the Committee -- if I had any reservations about coming 4 to the Committee; and the first thing that I thought of 5 was my only reservation is: Am I just going to be 6 blowing air because I've been speaking up for the past 7 five years. I mean, I went through every entity that I 8 know. I mean, I went through channels; and nothing -- 9 and I was surprised that no one was aware. 10 It seems like everybody was aware except for 11 the people that needed to know; but I was shocked when I 12 read the paper and they're saying, you know, they're 13 squandering money. And people don't -- just don't -- 14 they're shocked by it. And I'm thinking but it's been 15 going on forever, and why isn't somebody doing anything 16 about it because we -- there are honest people out there 17 that have brought this matter to, you know, the other 18 people's notices; but nothing's been done. 19 And I would think we need somebody that we 20 can go to and feel safe to go to. I mean, it's not that 21 I won't feel safe. I would have gone in a second just 22 like I'm coming now. I don't -- I'm not afraid of any 23 kind of retribution because I know I'm just telling the 24 truth, but I think we need some kind of oversight 25 committee with dedicated honest people with some RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 133 1 integrity and that knows the system that these people 2 can go to and not feel afraid of retribution because a 3 lot of the workers are state workers. 4 And my phone has been going off the hook 5 telling me, "You need to say this and you need to say 6 that and this is going on and that is going on"; but 7 they cannot come forward because they -- their job is 8 their bread and butter and their family's. But I know 9 it bothers them to have to do some of the things that 10 they're doing, but they don't know any other recourse. 11 So, maybe if you can create something where 12 people can go to and feel safe to say what they need to 13 say or file their discrepancies in their billings and 14 all the cheating that's been going on; and maybe this -- 15 you know, the system really needs to be cleaned up. 16 CO-CHAIR REPRESENTATIVE SAIKI: Thank you. I 17 think in large part that is exactly why the Legislature 18 formed this Commmittee. 19 THE WITNESS: Okay. 20 CO-CHAIR REPRESENTATIVE SAIKI: And I think 21 that what we'll find is that the information that we 22 receive from people who are working in the field or in 23 the trenches will be very valuable for this 24 investigative process. We're very appreciative of your 25 testimony this morning. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 134 1 THE WITNESS: Thank you. 2 CO-CHAIR SENATOR HANABUSA: I would like to 3 add that what you mention is a concern of the Co-Chair 4 and myself and other members of this Committee, and that 5 is the fear of coming forward. 6 We have enacted in the statutes -- and it's 7 been there for a while but it's not used as much but 8 it's there to protect people and that's called the 9 Whistle Blowers Act. And people who may feel that they 10 have been terminated or suspended or unfairly 11 disciplined can bring action, and the reason why we 12 enacted that law is exactly to try and protect that. 13 And we have -- there's a short statute of 14 limitations on it, which is 90 days from the time action 15 is taken; but if we didn't believe that a statute like 16 that was necessary, we, of course, would not put it 17 forward. 18 The other thing is that we are an 19 investigative committee. We have special powers in the 20 Legis -- under the Legislature; and if we find that 21 anyone, anyone, interferes with our witnesses, 22 intimidates them or otherwise affects them, we intend to 23 do something about it, take it to the full prosecution 24 of the law. 25 We also have another law that we just enacted RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 135 1 in 1999, and it's called the False Claims Act. That 2 is -- actually it's called Qui Tam and it's something 3 that began, believe it or not, in the Civil War days. 4 And that's to make sure that people don't rip off -- rip 5 off government because it can happen, as you know. 6 THE WITNESS: Uh-huh. 7 CO-CHAIR SENATOR HANABUSA: You see all this 8 waste. It's very similar to what the General Revenue 9 Service has in that, you know, it pays. It pays a 10 bounty to people who are able to come forward and show. 11 And it's really the state, the Attorney General, who, 12 when he gets that information, is to evaluate it and 13 make a decision as to whether they will go forward or 14 not. 15 We, the Legislature, enacted those laws 16 because that's the only way of, in essence, trying to 17 offer some protection to people for coming forward and 18 telling us because we sit -- as we sit for so many 19 months out of the year, we do not administer. We are 20 not the executive branch. We are not the department 21 heads. And a lot of people feel that we are, but we 22 really are not. 23 So, it may seem like -- you may look at us 24 and say, "What a bunch of lolos. How come they don't 25 understand this? It's so simple and look at" -- it's RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 136 1 because it isn't brought to us because look at who comes 2 before us. It's basically department heads. 3 THE WITNESS: Right. 4 CO-CHAIR SENATOR HANABUSA: It's not people 5 in the trenches like you. 6 But I think I speak on behalf of the whole 7 Committee when I thank you and we thank anyone who will 8 come forward and, you know, we are very sensitive to the 9 fact that, like you said, many people who are still 10 working in the state system are very concerned. And 11 like I said, if we find that they have been threatened 12 and their testimony is affected, we will bring it to the 13 proper authority's attention; but I thank you very much. 14 I think everyone else here thanks you. 15 THE WITNESS: Thank you. 16 CO-CHAIR REPRESENTATIVE SAIKI: Members, at 17 this time, we would like to make a motion to convene in 18 executive session. Is there any discussion? 19 And the purpose of this is to discuss the 20 witness who was listed first in our agenda, Dr. Judith 21 Schrag; and the potential of issuing further Subpoenas. 22 Is there any discussion? If not, we'll take a roll call 23 vote. 24 CO-CHAIR SENATOR HANABUSA: Co-Chair Saiki? 25 CO-CHAIR REPRESENTATIVE SAIKI: Yes. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 137 1 CO-CHAIR SENATOR HANABUSA: Vice-Chair 2 Kokubun? 3 VICE-CHAIR SENATOR KOKUBUN: Aye. 4 CO-CHAIR SENATOR HANABUSA: Vice-Chair 5 Oshiro? 6 VICE-CHAIR REPRESENTATIVE OSHIRO: Aye. 7 CO-CHAIR SENATOR HANABUSA: Senator Buen? 8 SENATOR BUEN: Aye. 9 CO-CHAIR SENATOR HANABUSA: Representative 10 Ito? 11 REPRESENTATIVE ITO: Aye. 12 CO-CHAIR SENATOR HANABUSA: Representative 13 Kawakami? 14 REPRESENTATIVE KAWAKAMI: Aye. 15 CO-CHAIR SENATOR HANABUSA: Representative 16 Leong? 17 REPRESENTATIVE LEONG: Aye. 18 CO-CHAIR SENATOR HANABUSA: Representative 19 Marumoto? 20 REPRESENTATIVE MARUMOTO: Aye. 21 CO-CHAIR SENATOR HANABUSA: Senator Matsuura? 22 SENATOR MATSUURA: Aye. 23 CO-CHAIR SENATOR HANABUSA: Senator Sakamoto? 24 SENATOR SAKAMOTO: Aye. 25 CO-CHAIR SENATOR HANABUSA: Senator Slom is RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 138 1 excused. Co-Chair Hanabusa is aye. 2 We will convene in executive session. Shall 3 we give an estimate? 4 CO-CHAIR REPRESENTATIVE SAIKI: Yeah. We'll 5 hold -- we'll convene in Room 329 next door, and we will 6 be back here at -- in one hour, at 12:45, recess. 7 (Lunch recess from 11:43 a.m. to 12:58 p.m.) 8 CO-CHAIR SENATOR HANABUSA: Members, we are 9 calling the Committee back into session. Our next 10 witness is Dr. Ken Gardiner. Dr. Gardiner, will you 11 come forward, please? 12 Co-Chair Saiki, will you administer the oath? 13 CO-CHAIR REPRESENTATIVE SAIKI: Mr. Gardiner, 14 do you solemnly swear or affirm that the testimony you 15 are about to give will be the truth, the whole truth, 16 and nothing but the truth? 17 KENNETH GARDINER: I do. 18 CO-CHAIR REPRESENTATIVE SAIKI: Thank you. 19 CO-CHAIR SENATOR HANABUSA: Thank you, 20 Dr. Gardiner. 21 We will be following the same procedure that 22 we had for the prior witness, which is now returning the 23 questioning over to Mr. Kawashima. 24 SPECIAL COUNSEL KAWASHIMA: Thank you, Madam 25 Chair. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 139 1 THE WITNESS: Before we get started, I'm a 2 cancer patient. It's very cold in here, and I need to 3 put my hat on my head. I'm very cold. 4 CO-CHAIR SENATOR HANABUSA: That's fine. 5 THE WITNESS: And so, it's no indifference to 6 you. 7 SPECIAL COUNSEL KAWASHIMA: Thank you. 8 EXAMINATION 9 BY SPECIAL COUNSEL KAWASHIMA: 10 Q. Please state your name and address, business 11 address. 12 A. Kenneth Charles Gardiner, G-A-R-D-I-N-E-R. 13 The Subpoena was misspelled. Business address is 14 3232 Kilauea Avenue, Diamond Head Family Guidance 15 Center. 16 Q. And I understand, sir, that you are employed 17 by the Department of Health in the child and adolescent 18 mental health division, as you say, the Diamond Head 19 Family Guidance Center; is that correct? 20 A. Yes. 21 Q. And what position do you hold there, sir? 22 A. Mental health supervisor. 23 Q. And what are your duties as a mental health 24 supervisor? 25 A. First and foremost, I provide individual and RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 140 1 clinical supervision to the care coordinators, mental 2 health care coordinators, that are assigned to me. I 3 provide collaborative services for the two complexes 4 that I supervise, which are the Kaimuki school complex 5 and the Kaiser school complex, an array of collaborative 6 services with the DOE, Parent Partners With Families, 7 et cetera. 8 Q. All right. Will you, sir, describe your 9 educational background for us? 10 A. I have a doctorate in education and 11 leadership administration. I hold two masters degrees. 12 One is a masters of divinity degree with an emphasis in 13 counseling, as I was a Roman Catholic priest for 17 14 years; and I have a masters in counseling. 15 Q. And your doctorate, sir, was in what area? 16 A. Education, leadership administration. 17 Q. And from which institution did you receive 18 that? 19 A. The University of St. Thomas. 20 Q. And when was that, sir? 21 A. In 1998. 22 Q. All right. Now, before becoming a mental 23 health supervisor at the Department of Health, you did 24 have many years of experience, I understand, with 25 counseling, mental health, and program development; is RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 141 1 that correct? 2 A. Yes, it is. 3 Q. And where did you get that type of 4 experience? 5 A. It came from a cadre of experiences. As a 6 Roman catholic priest, I started out doing pastoral 7 counseling; but besides that, I worked as a supervisor 8 of psychiatric counseling positions at a mental health 9 psychiatric hospital. I worked in various positions as 10 senior counselor for adjudicated juvenile delinquent, 11 in-house therapists, as well as the director of training 12 for 13 states for behavioral health and juvenile 13 delinquent programs. 14 Q. Thank you. Dr. Gardiner, we've been informed 15 that there are high-level Department of Health 16 administrators who are discouraging members from the 17 Department of Health from discussing matters with the 18 state auditor's office and/or this legislative 19 committee. Do you know that to be true? 20 A. I would like to clarify your answers before I 21 answer it. 22 Q. Sure. 23 A. The discouragement would not come in the 24 place of "do not testify." There was some concern over 25 whether a private citizen would be able to testify in RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 142 1 conjunction with being a Department of Health employee. 2 After that was clarified, there have been no 3 oppositions to anyone testifying; and even with the 4 opposition, it was that -- to make sure that you knew 5 that you could have legal representation, the office of 6 the AG present, when you do testify, if so needed. 7 Q. In other words, initially there was some 8 concern about being discouraged from coming here? 9 A. Yes. 10 Q. And you say that was clarified? 11 A. It was clarified. 12 Q. As a matter of fact, you were referred to the 13 department of the Attorney General and you talked to one 14 of the deputies there regarding this matter, did you 15 not? 16 A. Yes. 17 Q. And they told you to come here and testify 18 fully and truthfully? 19 A. Yes. 20 Q. And that is why you're here today? 21 A. I'm here of my own volition and not because 22 of the AG's office. 23 Q. I understand that; but initially, though, as 24 far as you or others in your position were concerned, 25 did there appear to be some members who were, I should RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 143 1 say, high-level Department of Health administrators who 2 were discouraging you and people like you from coming to 3 the legislative auditor's office or this legislative 4 committee initially? 5 A. Initially, not discouraged. There was 6 confusion over the process of how it was being done; and 7 once that was clarified and we got the head, I don't 8 work independent -- I do work with supervisors. And so, 9 to take my lead, do we participate in this -- did the 10 director of health give permission for us to 11 participate? We needed some guidance from above; and as 12 an on-line supervisor, I'm not going to encourage the 13 workers I have to go and do anything that is not within 14 their rights or in the jurisdiction of their job without 15 clarification from the top down. 16 Q. Thank you. And, Doctor, there are people who 17 work under your supervision, are there not? 18 A. Yes. 19 Q. And what -- what title do they have? What 20 job description do they have? 21 A. They're mental health care coordinators. 22 Q. All right. And how many of these care 23 coordinators do you supervise? 24 A. I supervise nine, and they comprise the 25 Kaimuki and the Kaiser complex -- school complexes. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 144 1 Q. And these -- each of these nine coordinators, 2 care coordinators, they manage the care of a number of 3 special education children? 4 A. Yes, they do. 5 Q. And what are the typical kinds of services 6 that these care coordinators provide for these students? 7 A. We run the whole cadre of the clinical 8 standards manual. It would take me a while to tell you 9 all because each one is individualized. I have 142 10 cases that are active now; and so, to tell you in 11 general all -- I could say I run through every one of 12 the clinical standards, which is quite a bit. And I 13 don't know if you want that timing to go through from -- 14 Q. No. 15 A. -- hospitalization all the way to TAs all the 16 way -- the whole spectrum. 17 Q. Any types of services that a special 18 education child would need would come under that 19 purview? 20 A. Yes, it would. 21 Q. Now, has the Department of Health entered 22 into contracts with private providers for some of these 23 services? 24 A. Yes, we have. 25 Q. And these private providers, they submit RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 145 1 bills to the department for payment? 2 A. Yes, they do. 3 Q. And who at the department authorizes the 4 payments of these bills? 5 A. When we do a service aut or a service 6 authorization, it depends. There are some services, 7 like, procuring of a TA that a care coordinator can 8 submit themselves; but as it moves up the level, the 9 more intense the service is, the more the line item has 10 to be signed off. Depending on what the service is, I 11 may sign off on certain services; but when it comes to 12 flex, respite, and partial hospitalizations, those go 13 directly to the branch chief. 14 Q. Is the branch chief the highest level of 15 review of these types of bills? 16 A. He along -- in conjunction with the clinical 17 director, yes, and CSO, clinical services office, may 18 have some input or oversight; but as of recent, that -- 19 the buck stops with the branch chief and the clinical 20 director at the branch. 21 Q. Okay. In your case, who is the branch chief 22 you're referring to? 23 A. Dr. David Drews. 24 Q. And then the clinical director is whom? 25 A. Dr. Martin Hirsch. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 146 1 Q. Now, is there a system in place, Doctor, at 2 the Department of Health to ensure that the services 3 being billed for were actually provided? 4 A. Yes and no. 5 Q. Explain that for us, please. 6 A. And I can only refer to the services that I 7 deal with mostly on a daily basis, and it's with 8 therapeutic aides commonly called TAs. 9 You can procure a service for a TA and you 10 can initially check and see, when the care coordinator 11 goes out and does a site visit, if that service is being 12 performed; but at many of the schools or the levels, 13 there is no sign-in that says "I was here for 'X' amount 14 of hours." And sometimes we won't know that the service 15 hasn't been performed until a parent will call and 16 complain or a teacher will call and say there was an 17 incident or something took place. When we ask for 18 documentation of the billing, did they show up? 19 Sometimes not even the teachers can remember if they 20 signed up. 21 It's an inconsistent checks and balance 22 system. Then we're forced to go to the agency and check 23 with what they submitted as their billable hours and 24 their time scale as according to what someone else said 25 services were performed, but they're -- there seems to RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 147 1 be a gap. 2 Q. Well, this signing-in system you just 3 described, Dr. Gardiner, would you not expect that to be 4 a basic type of system for accountability? 5 A. I would hope so. It made -- it would make my 6 job a whole lot easier. If I have to go after someone 7 to say "Did you perform this service," a lot of times 8 it's after the fact, after the Department of Health has 9 already paid; and it's hard to track it. 10 Q. Well, you're not the first person to come 11 here and testify about services being performed or 12 claimed to have been performed and to be billed for 13 where a family has complained that the service was not 14 given. That has happened to you also, sir? 15 A. Yes, it has. 16 Q. And has that happened to you on more than one 17 occasion? 18 A. Yes, it has. 19 Q. And has that happened to you on more than one 20 occasion with certain providers? 21 A. Yes, it has. 22 Q. And can you identify for us which providers 23 those would be? 24 A. Loveland Academy; and with TA services, it's 25 multiagencies. So, it's across the board. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 148 1 Q. But Loveland Academy is one that sticks out 2 in your mind as far as multiple complaints -- receiving 3 multiple complaints about this type of a problem where 4 services were claiming to have been provided. A 5 statement was submitted for that service, perhaps even 6 paid; but you learned later that the service was not, in 7 fact, provided? 8 A. Correct. 9 Q. And that information was provided by a parent 10 to you personally? 11 A. By a parent and also by a care coordinator 12 who may have gone on the grounds to check; and when 13 certain services were not in place when -- where we were 14 questioning about it, sort of like we got the shut door 15 in our face. 16 Q. And as far as those services, sir, not having 17 been provided, would -- based on your experience in this 18 area, sir, would a parent have any reason to complain 19 about a service not being provided when, in fact, it 20 was? 21 A. Generally, no. 22 Q. How about care coordinators? Would they have 23 any reason to indicate that service -- they did not see 24 someone providing a service when, in fact, a service was 25 provided? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 149 1 A. Most definitely not. 2 Q. Now, are you aware, sir, of cases where there 3 has been payment made by the state for services that may 4 not have been needed by a child? 5 A. Let me clar -- I have to put clarity to that. 6 Q. Go ahead. 7 A. Services that go to a child are a team 8 treatment decision made in an IEP. No one person 9 decides if a child will have a service or not. So, when 10 a service is provided, it is because of the IEP. The 11 team makes that decision. 12 The care coordinator makes sure that those 13 services are provided and procures the services. So, no 14 one person -- I have come upon instances where the 15 services should have been terminated; and they were not. 16 They were ongoing. The child had progress. And because 17 of independent or private providers, sometimes the 18 documentation just supported that we continued to see a 19 need to have this done. 20 Now, we have the luxury and the necessity of 21 having a clinical director who can go in and do some 22 things for us and make sure that that doesn't happen. 23 Q. Who is that clinical director, sir, again? 24 A. Dr. Martin Hirsch. 25 Q. And is he new to the project? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 150 1 A. Yes, he is. 2 Q. When did he start? 3 A. I would say about three weeks ago. 4 Q. Do you have any idea why Mr. -- Dr. Hirsch? 5 A. Yes. 6 Q. Why Dr. Hirsch was retained three weeks ago? 7 A. No, I don't. And for the information of the 8 panel, I've only been working with the Department of 9 Health for two months. That's important that you know 10 that as well. 11 Q. Before that, with whom were you working, sir? 12 A. I worked for the University of Houston Cancer 13 Research Center. 14 Q. All right. But that two months you've been 15 here has been full-time? 16 A. Yes, it has. 17 Q. Now, have you -- or I should say, are you 18 aware of cases, Dr. Gardiner, where payment has been 19 made by the state for services that exceeded service 20 levels provided by the CAMHD clinical standards? 21 A. Rephrase your question for me, please. 22 Q. All right. For example, have you seen 23 situations where a TA provides services for two students 24 at the same time -- 25 A. Yes, I have. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 151 1 Q. -- and bills each one separately? 2 A. Yes, I have. 3 Q. In other words, double billing in that 4 situation? 5 A. Yes, I have. 6 Q. Tell us about that. 7 A. There is an instance where a TA may enter in 8 documentation. In the billing, you can't tell 9 automatically. He's saying he provided this service; 10 and it's until after the fact you look at it, this TA 11 has two kids. And he may be working for two agencies, 12 but he has billed -- he has brought the two kids 13 together. And he billed for them separately when the 14 IEP may have stipulated that he is only supposed to be 15 with that child at that time; but, yet, there were two 16 kids that he was servicing or she was servicing at the 17 same time. 18 And it's very hard to detect. You really 19 have to scrutinize the documentation. And sometimes the 20 TAs are not as astute as they should be and they write 21 it and they tell on themselves. And I guess when we're 22 giving QA or oversight, we pick this up; and we call 23 them on it. 24 Q. And the reason, I think, sir, that you can't 25 tell sometimes is because they're billing this same RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 152 1 one-hour period -- 2 A. Yes. 3 Q. -- in two separate files; is that correct? 4 A. That's right, correct. 5 Q. But, in effect, you're double billing, aren't 6 you? 7 A. Yes, they are. 8 Q. Getting paid twice for the same thing? 9 A. Yes. 10 Q. All right. Now, you also, I think, already 11 testified that there were cases where the state made 12 payment to some organization for services that were not 13 rendered? 14 A. Yes. 15 Q. And you mentioned Loveland Academy as being 16 one of them; is that correct? 17 A. Yes. 18 Q. Now, have you raised these problems with your 19 supervisors? 20 A. Yes, we have. 21 Q. And in your mind, do you believe that 22 additional oversight would be needed to correct these 23 types of problems? 24 A. Yes. 25 Q. And now, do your -- have your supervisors RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 153 1 agreed with you as far as this additional oversight 2 being necessary? 3 A. Yes. And at present, I can say that Loveland 4 Academy is having a fiscal audit done on their contract. 5 Q. And by whom, sir? 6 A. CAMHD contracts division. 7 Q. And you learned about this very recently, 8 didn't you? 9 A. Yes. 10 Q. And you learned that this fiscal audit was 11 initiated very recently, didn't you? 12 A. Yes. 13 Q. And -- 14 A. But prior to that -- I need to add to that -- 15 prior to that, we were going to have our own 16 investigation management-wise with the branch chief. 17 And we had raised many concerns; and to his own credit, 18 he says before we enter into that, I need to bump it up 19 and see if there's something else going on. So, we were 20 being heard. It was just we were anxious. Like, let's 21 get heard, like, tomorrow. 22 Q. When you say your branch chief, to whom are 23 you referring to? 24 A. Dr. David Drews. 25 Q. And would you agree, sir, if you know, RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 154 1 whether or not they were planning to do this before you 2 started working for them and bringing these problems to 3 their attention? 4 A. With Loveland Academy, it had been done in 5 the past. 6 Q. By whom? 7 A. I understand the branch chief and his 8 management team had already initiated one such talk with 9 them about services that were being provided. 10 Q. The branch chief, Mr. Drews, had a discussion 11 with people at Loveland Academy? 12 A. Yes. 13 Q. By the way, who would these people at 14 Loveland Academy have been? 15 A. The only one I'm privy to have -- that I deal 16 with is Dr. Maggie Koven. That's the person that I 17 choose to deal with at my level. I am not privy to who 18 the investigation dealt with prior to my coming to the 19 Department of Health. 20 Q. Dr. Koven, K-O-V-E-N? 21 A. Yes, Maggie Koven. 22 Q. Well, you suggest that you chose to deal with 23 Dr. Koven and no others -- I mean, others above her? 24 A. Simply because she signs the documentation on 25 progress notes, and that was a major concern of mine. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 155 1 Q. Who -- do you know if there is anyone above 2 Dr. Koven? 3 A. There is, should be the executive director; 4 and I do not know her name. 5 Q. Dukes? Does that sound familiar to you? 6 A. Yes. 7 Q. Dr. Dukes, perhaps? 8 A. Yes. 9 Q. Patricia Dukes? 10 A. Yes. 11 Q. You have not dealt with her? 12 A. No, I haven't. 13 Q. So, you say recently there -- you learned 14 that Mr. Drews was going to do an audit or have a 15 discussion with the Loveland people about their 16 practices? 17 A. Uh-huh. 18 Q. "Yes"? 19 A. Yes. 20 Q. Are you aware as to whether or not Mr. Drews 21 knew about these problems before you came? 22 A. I think he knew about the problems. I also 23 know that they took preventive action in having a 24 meeting prior; but as I came on -- because the 25 complaints from my care coordinators had surfaced to a RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 156 1 level where I needed to bump it up a level and say I am 2 very uncomfortable with the amount of complaints that we 3 are getting -- or even from parents having called me. 4 And my inability to get phone calls answered 5 back from Loveland Academy frustrated me because they 6 could have been simple matters that maybe I could have 7 troubleshot, but there were no returned phone calls from 8 any of their administration to me. 9 Q. Doctor, have you witnessed care coordinator 10 disputes -- other than yourself -- care coordinator 11 disputes with Loveland about the provision of services? 12 A. Yes, I have. 13 Q. And what usually happens in those cases that 14 you've seen? 15 A. Particularly the case that I am most familiar 16 with at Loveland Academy, there are two of my care 17 coordinators -- they actually witnessed services not 18 being provided. And the discussion with Loveland was 19 that we're not going to cut a service aut because you 20 didn't provide. 21 And having been privy to the conversation on 22 the other end, Loveland was pretty resistant in saying 23 that we have a contract. We do this, this, and this; 24 but they were not willing to provide documentation to 25 show that they had provided the service. There was no RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 157 1 progress notes from them saying that the service was 2 performed. And so, the care coordinator did not put a 3 service authorization through; and they felt they should 4 have been paid for it even though we had no 5 documentation. 6 Q. Well, were they paid? 7 A. Eventually, yes. 8 Q. Who approved that payment? 9 A. The branch chief. 10 Q. Mr. Drews? 11 A. Dr. Drews, yes. 12 Q. Now, do you know if Dr. Drews has any 13 connection with Loveland Academy? 14 A. I am not familiar with any connection. 15 Q. Do you know they -- that they have the same 16 address -- I should say, their addresses are in the same 17 building? 18 A. Whose address? 19 Q. Loveland Academy and CPU. 20 A. Oh, I don't know that they are in the same 21 building. I do know that there is a banner for CPU on 22 the outside of one of Loveland's buildings. I was not 23 aware that they were housed in the same building. 24 Q. Well, what I asked was whether or not 25 Drews' -- Dr. Drews' business address for CPU is the RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 158 1 same building that Loveland Academy has an address in. 2 A. I would assume it is. 3 Q. You're not aware of any other connection 4 between the two, though? 5 A. No, sir, I'm not. 6 Q. Do you know if Loveland Academy -- well, what 7 is Loveland -- excuse me. "CPU," what does that stand 8 for? 9 A. I think it's Central Pacific University. 10 Q. And is that an accredited institution, sir? 11 A. I have no idea. I don't -- 12 Q. Do you know what types of degrees Central 13 Pacific University provides? 14 A. No, sir, I'm not privy to it. 15 Q. Do you know whether or not Central Pacific 16 University gives degrees for people who end up at 17 Loveland Academy and working for the Department of 18 Health? 19 A. No, sir, I have no knowledge of that. 20 Q. Would that surprise you? 21 A. It would. 22 Q. Now, are you aware of other DOH personnel who 23 have complained about Loveland other than yourself? 24 A. Other MHS1 supervisors have complained about 25 Loveland. Loveland is a place where -- I think, with RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 159 1 people who have integrity right now because of the 2 questions we have and they're not being answered would 3 not want to send a child to Loveland until some of our 4 answers -- our questions were answered. 5 Q. Do you know why the Department of Health 6 would pay Loveland Academy for these types of services 7 as you have suggested? 8 A. Right now, it's the only show in the town 9 that helps with high-end autism kids. 10 Q. Do you think that's enough justification for 11 Loveland to bill for services that they did not provide? 12 A. It's not enough justification but the other 13 thing is then we start sending autistic kids outside of 14 the state and that's a bigger concern of mine than 15 Loveland is right now, when you divide a family up. 16 Q. Are you suggesting, sir, that it is -- you 17 would rather have someone bill the State of Hawaii 18 through the Department of Health for services that were 19 not performed on a consistent basis -- 20 A. No, sir. 21 Q. -- that you would approve of that, sir? 22 A. What I am saying, because Loveland is the 23 only one that provides this high-end service right now, 24 I'm in a rock and a hard place. Where else do I send 25 the kids without being in contempt of Felix? Where else RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 160 1 do I send -- I really don't like Loveland, if you want 2 me to be honest with you; but where else am I going to 3 get my kids serviced? What else do -- what other 4 choices do we have? 5 Q. Do you know whether or not there are other 6 choices? 7 A. Loveland is the choice for certain services. 8 Q. Well, certain services. What services are 9 you talking about? 10 A. Day treatment for a high -- high-end autistic 11 kids. 12 Q. And you're suggesting there's no one else who 13 can provide that treatment? 14 A. Not in a day treatment program, no, sir. 15 Q. There are no other providers in the State of 16 Hawaii that you feel are qualified to provide those 17 types of services? 18 A. Not that I'm aware of that the State of 19 Hawaii has a contract with. 20 Q. Well, when you say "not that I'm aware of," 21 are you suggesting that there aren't such providers or 22 that you're just not aware of them? 23 A. We're given a providers' manual; and in that 24 providers' manual, Loveland takes care of a certain 25 group of children that we deal with. And for that RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 161 1 certain group of kids that we deal with, Loveland is the 2 show in town. 3 Q. Sir, that manual you're given, who puts out 4 that manual? 5 A. The Department of Health. 6 Q. Do you know if the Department of Health has 7 actually looked for other providers that are qualified? 8 A. I'm not privy to that. 9 Q. Do you know if the Department of Health is 10 certifying that Loveland is the only facility in the 11 entire state that can provide those types of services 12 you're talking about? 13 A. I'm not privy to that. 14 Q. Now, do you get reports from Loveland? 15 A. Yes. 16 Q. You're smiling. Tell us why you're smiling. 17 A. I'm smiling because all of the progress 18 reports that I get are signed by Dr. Maggie Koven, and 19 how she could provide service to all these children is 20 amazing to me. 21 And it causes me concern because the reports 22 are the same over months of periods of time. They're 23 computer generated and I know people have their own bias 24 about it; but if Dr. Maggie Koven is providing that kind 25 of oversight and she's not the actual TA, I am very RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 162 1 concerned how she gets that information on every child 2 for every day and every treatment and how she signs off 3 on them. 4 And if you read the documentation, sentences 5 are placed in -- carefully misplaced. All you have to 6 do is go back a couple of months and it's the exact 7 same. I've even gotten documentation where they took 8 out the wrong kid's name and left a kid's -- another 9 kid's name in the report that was submitted. So, at 10 best, the documentation, I have no confidence or 11 credibility with it. 12 Q. It sounds like a fill-in-the-blanks thing. 13 A. Yes or re -- or fill in the sentence or 14 remove the sentence statement type deal. 15 Q. Well, what you're saying is that Dr. Koven 16 obviously doesn't provide the direct service? 17 A. No, Dr. Koven does not -- definitively does 18 not. 19 Q. And what you're saying, though, is that 20 you -- you're not aware of how the provider that 21 provides this direct service gives the information to 22 Dr. Koven such that you get a computer-generated report 23 with what appears to be month to month the same 24 information in that report? 25 A. It makes it very difficult to track the RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 163 1 progress of the child if the progress notes are saying 2 the same thing month after month after month. 3 Q. Could that child have been in that same 4 condition month after month after month? 5 A. Then why are we paying for the service if the 6 child is not improving? 7 Q. That's an excellent point. 8 A. If that's the case, we need another show in 9 town. 10 Q. That's an excellent point. 11 Has Loveland ever told a care coordinator 12 that they were not welcome on their premises? 13 A. Yes, they have. 14 Q. Tell us about that, sir. 15 A. I have one care coordinator who is pretty 16 outspoken and she went to check up on the kid and she 17 found that the TA was not present with the kid, as was 18 specified by the IEP. She kept going back, kept going 19 back unannounced to make sure that she could get a 20 meeting with this TA; and she was told that she was not 21 welcome on the campus and that she was causing friction 22 by coming to check up to see. 23 And when I called to check up about it 24 because I feel if the Department of Health is paying the 25 money, we have the right to step in to see what we're RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 164 1 getting from our moneys -- for our dollar value; and no 2 one returned the call to me, no one. And I repeated the 3 call about 17 times and I have documented the dates and 4 the times and not one person from Loveland ever returned 5 a call. 6 Q. Were those calls left on voice mails or 7 directly with a person? 8 A. Some were left directly with the 9 administrative assistant, and others were -- I was 10 forwarded to a voice mail or to a voice vacuum. 11 Q. And, sir, how -- over what period were those 12 messages left? 13 A. In two months -- the two months I've been 14 hired are the two months I've been trying to get contact 15 with Loveland. 16 Q. That 17 times, you're saying, happened in two 17 months? 18 A. Yes. 19 Q. And on none of those occasions -- where you 20 left messages in one form or another 17 times, not one 21 of those calls were returned? 22 A. I only know Dr. Maggie Koven exists because I 23 see her signature. I have never spoken with her. I 24 have never heard her. I have never seen her. 25 Q. As far as a care coordinator is concerned, RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 165 1 though, Doctor, isn't it essential that that care 2 coordinator be able to observe the student's progress? 3 A. Yes, it is. 4 Q. And so that if whoever it was at Loveland 5 prevented that care coordinator from observing the 6 treatment or the care that the child was getting, then 7 that care coordinator couldn't do their job; am I 8 correct? 9 A. That's correct. 10 Q. And that's what your concern was? 11 A. Yes. 12 Q. You've testified, then, sir, that you 13 understand that an audit is now being performed by the 14 con -- well, I understand the contracts division of the 15 Department of Health of Loveland? 16 A. No, of CAMHD. 17 Q. I'm sorry. CAMHD. And are they also 18 reviewing the bills that have been submitted by Loveland 19 for services provided -- or not provided, I guess? 20 A. I'm not privy to what the whole scope of the 21 investigation is. 22 Q. The audit of CAMHD, do you know when that was 23 initiated? 24 A. We were informed about it about three weeks 25 ago, but it may have started prior to that. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 166 1 Q. Do you -- well, strike that. 2 Were you told why this audit was initiated, 3 whether it be three years ago or -- not three years -- 4 three weeks ago or before that? 5 A. Probably because of the amount of complaints 6 that had arisen in the field and from parents probably. 7 Q. But, to your understanding, these complaints 8 were there even before you started, though? 9 A. Yes. 10 Q. In fact, these complaints, to your knowledge, 11 were there a long time before you started? 12 A. Yes. 13 Q. Again, if you know, do you know why the 14 Department of Health has started this audit of CAMHD 15 recently, like, two weeks ago or somewhere within that 16 realm? 17 A. No, I don't. 18 Q. Do you know if it has anything to do with the 19 fact that this legislative committee is investigating a 20 number of things, one of which is the problems there? 21 A. Any answer I would give would be speculation 22 in regards to the legislative committee and CAMHD. 23 I do know, as a supervisor, my complaints 24 were heard; and I thought it was gracious that they were 25 heard because I was the new kid on the block, per se. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 167 1 But in the past, I have been told they had sit down and 2 spoken with Loveland about the contract and the services 3 they had provided; but I'm not privy to knowing that 4 there's a correlation between this honorable committee 5 here and CAMHD's timing. 6 Q. Let me ask you about another area, Doctor, I 7 think you're aware of having to do with differential in 8 pay. Are you aware that a therapeutic assistant gets 9 paid by providers -- 10 A. Yes. 11 Q. -- what they get paid? What do they get paid 12 sir? 13 A. The going rate today is between 12 and $15. 14 Q. And what -- what do these providers charge 15 the state in turn for the same services provided by 16 these TAs? 17 A. I think it's between 60 -- $65. 18 Q. About four times -- well, three to four times 19 more? 20 A. Maybe, approximately, yes. I'm not 21 absolutely sure. 22 Q. Are you aware of, sir, of any overt item or 23 hidden overt item that would make it necessary for these 24 providers -- I believe some of which are nonprofits -- 25 to charge the state three or four times what it costs RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 168 1 them to hire these TAs or pay for these TAs? 2 A. No, I'm not. I do consider it somewhat 3 unethical in that the TAs are the ones who are providing 4 the direct care service, and they get the smaller amount 5 of money for the job that they perform. 6 Q. By the way, do you know whether or not these 7 TAs get fringe benefits that might justify a larger 8 amount being charged to the state? 9 A. Most of them do not. Depending on the hours 10 that they get, they may not be able to get benefits; and 11 so, sometimes the hours have to be increased so that 12 they can go to their agency and say, "I need benefits or 13 else I can't work." 14 Q. I see. Are any of them contract employees, 15 to your knowledge? 16 A. Contract in what -- 17 Q. Independent contractor is what I'm talking 18 about, if you know. 19 A. I don't know. 20 Q. Now, one last area, Doctor, it has to do with 21 your knowledge or information about what we've asked 22 others questions about involving MST. 23 A. Uh-huh. 24 Q. Do you have knowledge about MST? 25 A. Yes. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 169 1 Q. Multisystemic therapy? 2 A. Yes. 3 Q. What is your knowledge of op -- in that area? 4 A. It's basically used with juvenile delinquents 5 or children who have had some -- some dealings with the 6 court system, oppositional defiant children; and it's 7 supposed to be empowering the family to take back 8 control over their child and their system -- and that's 9 the home system. But most of my dealings are not with 10 MST. It's with MST Continuum. 11 Q. There was a Continuum at one time. That's 12 been terminated, though, right? 13 A. It may have been terminated, but it affects 14 me in a very real way because those cases are being 15 transferred back to the Family Guidance Centers and my 16 care coordinators. 17 Q. We've heard testimony about that, sir. 18 You testified, though, that MST, 19 multisystemic therapy, was originally designed for 20 juvenile delinquents -- 21 A. Uh-huh. 22 Q. -- is that correct? 23 A. Kids who have had inter -- problems with the 24 court system who are oppositional defiant conduct 25 disordered, those type problems. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 170 1 Q. Now, to your knowledge, sir, is MST a proven 2 therapy for all special education children? 3 A. No. 4 Q. Now, you mentioned this project or, perhaps, 5 I, in my questioning of you, mentioned the Continuum, 6 MST Continuum? 7 A. Uh-huh. 8 Q. Now, do you know who the director of that 9 project was? 10 A. I don't know who the director, per se, is. I 11 do know whom I've had interaction. I've heard the name, 12 and it's John Donkervoet. That's the clinical director, 13 I'm assuming. 14 Q. All right. Oh, one last area, sir, the 15 Department of Health uses different building codes -- 16 billing codes for various levels of care; is that 17 correct? 18 A. Yes. 19 Q. Are you familiar with the Billing Code 15101 20 for a therapeutic assistant? 21 A. Yes. 22 Q. Can you explain when and how such care is 23 authorized in combination with services for autistic 24 children? 25 A. Rephrase your question. Just a moment. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 171 1 Q. Can you explain how -- 2 A. Because of my chemotherapy I'm having a hard 3 time focusing. So, when you speak quickly -- 4 Q. I understand. 5 A. -- I don't process as quickly as you go. 6 Q. Thank you for reminding me. I do speak fast, 7 I'm told. 8 Would you explain for us, Dr. Gardiner, how 9 care is authorized in combination with services for 10 autistic children? 11 A. In the IEP, all services are where the team 12 comes together for the school. We come together in an 13 IEP meeting and all the stakeholders and the 14 stakeplayers come together and we decide what services 15 are best for this child. 16 The DOE has its component, the education 17 component; and the DOH has its component, which is the 18 mental health component. We come together and we agree 19 upon what services are needed and the level and the 20 intensity of services that are needed for this child 21 based upon whatever the diagnosis has been or is, the 22 current diagnosis, psych evals, and whatever information 23 we have and what else is needed for the family as well. 24 Q. Now, that -- through the process of the IEP, 25 though, certain care is authorized? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 172 1 A. Yes. 2 Q. And are such services that are provided still 3 being provided for and paid for? 4 A. Yes. 5 Q. And those -- 6 A. Those services won't stop, sir, until the IEP 7 team comes back and has deemed that this child has 8 progressed past this or those services are no longer 9 needed. 10 Q. I see. Are there situations, though, Doctor, 11 that you're aware of where these care or services are 12 not authorized where services are still being provided 13 and billed for? 14 A. No, sir. 15 SPECIAL COUNSEL KAWASHIMA: That's all I 16 have. Thank you, Doctor. 17 THE WITNESS: Thank you. 18 CO-CHAIR SENATOR HANABUSA: Thank you, 19 Members. Please remember we have the ten-minute rule. 20 We'll begin first with Vice-Chair Kokubun followed by 21 Vice-Chair Oshiro. 22 VICE-CHAIR SENATOR KOKUBUN: Madam Chair, I'm 23 fine. Thank you. 24 CO-CHAIR SENATOR HANABUSA: You're fine? 25 Vice-Chair Oshiro? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 173 1 VICE-CHAIR REPRESENTATIVE OSHIRO: Thank you, 2 Madam Co-Chair. 3 EXAMINATION 4 BY VICE-CHAIR REPRESENTATIVE OSHIRO: 5 Q. I just have a few clarification questions for 6 you. Earlier you had stated that in terms of the 7 providers for autistic children, the only one that you 8 were aware of in this providers' manual was the Loveland 9 Academy; is that correct? 10 A. For day treatment, yes. 11 Q. Okay. And -- 12 A. And they have an after-school component as 13 well. 14 Q. Okay. And when you talk about treatment for 15 high-end autistic kids, what is the -- is there a model 16 or a particular type of recommended scope of treatment 17 that's provided for most students? 18 A. Autism is a very hard developmental 19 disability to pin down. You will hear people say they 20 are experts in autism. Professionally I don't know of 21 any experts in autism. Most kids who are high-end 22 autism can't tell you what the problem is. So, when we 23 go in and try to diagnose and people say they are 24 experts in it, they're not. 25 We can only go from the research and the data RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 174 1 that we do have. And so, there are a wide range of 2 behaviors and diagnostic tools; but as far as being an 3 expert, I really can't answer that. I can't even tell 4 you I myself and my background as being an educator who 5 have dealt with autistic kids know enough about autism 6 to make those kinds of decisions. That's why I would 7 refer them to a clinical director or a psychiatrist or 8 someone who really knew. 9 It is very difficult to just pigeonhole and 10 say this -- this about autistic kids; but we do know 11 when it comes to providing certain services to kids that 12 we do consider high-end autistic kids, there has to be 13 the one-on-one interplay with them and a management 14 control and even giving respite for parents who deal 15 with kids who are very high-end autistic children. 16 Q. Okay. And given that you stated, I mean, at 17 time it's very difficult not only to diagnose but treat, 18 in your experience with Loveland -- I guess this is a 19 two-part question -- what kind of services are they 20 providing to meet those ends? And do they have a wide 21 range of experience and types of services to meet all of 22 the varying and different demands that you talked about 23 in terms of the wide range that needs to be -- 24 A. If I go by credentialing of the 25 administration of Loveland, I would say "yes"; but RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 175 1 actually when I get the documentation and my progress 2 notes, I say "no." 3 Why? I have one person signing off on 4 everything, and that's not good enough for me as a 5 clinician. And that's the only thing. I just can't 6 take one person's -- and that person isn't performing 7 the service. I don't know what kind of clinical 8 supervision the people get at Loveland. And so, I can't 9 really make a decision on that program because I'm not 10 privy to all that that program has; but if I look at 11 what -- the credentialing of the people who have the 12 oversight, I would say they should know what they're 13 doing. 14 Q. Okay. But based on what you've seen from the 15 documentation, Loveland is -- as I understand it, 16 they're providing -- or they require a therapeutic aide 17 to be with the special needs child; and on top of that, 18 they provide additional services for -- to meet the 19 autism. So, in essence, the TA is just sort of a basic 20 need; and beyond that, there's additional types of 21 treatment or services that need to be provided to meet 22 autism? 23 A. Yes. And they can -- they're supposed to be 24 an all-inclusive program. So, everything that they 25 need, including the TAs, should be provided right there RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 176 1 at Loveland. 2 Part of the problem is we're adding TAs to a 3 program that's supposed to already have TAs in. They 4 will say, "We need a TA for this and that"; and we're 5 saying, "Isn't this included in the price package that 6 we pay you already?" 7 Q. And is there an average of this price package 8 in terms of how much you're paying for the TA and also 9 how much you're paying for the services, the autism 10 services? 11 A. I really stay away from fiscal matters as a 12 clinician. I don't like to be sidetracked when I'm 13 talking about kids and mental health about a dollar 14 amount. I leave that to the branch chief, CAMHD 15 contracts people. 16 I will state my concerns, but very seldom 17 will you ever hear me talk about money because it is not 18 a focus for me in doing supervision in that way. 19 But I do know this with Loveland: The 20 problem is: If you tell me your contract is all 21 inclusive, yet, you call me and tell me you need a TA; 22 and your program is supposed to provide a TA, I have a 23 problem with that. 24 I want to know what's your justification, and 25 we do -- I do have cases where we're constantly asked to RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 177 1 provide TAs and their program is supposed to already 2 provide TAs for children who are in their day treatment 3 or after-school program. 4 Q. Okay. And sort of just to sum up, as I 5 understand it, I think, as you mentioned, one of the big 6 problems you have in reviewing the progress notes of 7 Loveland is that they seem to be sort of form oriented 8 and signed particularly just by one person? 9 A. Yes. 10 Q. Okay. And in addition to that, you've also 11 cited to an example where a care coordinator was refused 12 access to actually do some monitoring or, I guess, 13 unannounced site visit -- 14 A. Yes. 15 Q. -- to make sure that the TA is performing 16 their proper job? 17 A. Yes. 18 Q. Okay. In addition to that, you also tried to 19 issue a number of follow-up calls, particularly about 20 17, just to try and find out what's going on; but to 21 date, you haven't received any response? 22 A. Not a call, not unless they've called since 23 I've been here today. 24 Q. Okay. So, given all of that, what is the -- 25 I don't understand how in this way you're supposed to be RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 178 1 able to measure the actual progress that is going on 2 with a child or any child since you've been -- since 3 there are all these blocks for you to do any proper 4 assessment. 5 A. I'm going to go on professional license, and 6 I would hope that the people at Loveland have 7 professional integrity that they would not lie about a 8 child who is autistic. And because of professional 9 courtesy, I would hope that a clinician would be 10 forthcoming and honest with me. 11 Part of the problem I have, because I'm not 12 able to get my questions answered, then it begs me to 13 question where is the ethical dilemma -- if you're 14 partnering with me and if I am the DOH paying the bill, 15 don't you think you ought to return a phone call to me 16 so I can have some measurement system, so I can have 17 something to gauge? 18 It's very -- it's very hard for me to keep 19 telling the care coordinator to keep going back, keep 20 going back when they keep running up against a brick 21 wall. That's very hard for me to do. 22 Q. Okay. I just want to get -- clarify one more 23 statement you had said earlier; and it regarded, I 24 think, your being asked about unnecessary services being 25 provided. And you had said something along the lines RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 179 1 that there are times when services should have been 2 terminated but they keep going on. What would be a 3 proper basis for the termination of services? 4 A. There have been instances where a 5 therapist -- all therapeutic aides or TAs work in 6 conjunction with a therapist. And there have been 7 instances where we have felt that the therapeutic aide 8 was not needed and the therapist found a justification 9 for it. And somehow that has to go with -- in line with 10 the goals, but we could clearly see that the child had 11 progressed. Even the parent felt that the child had 12 progressed. And the therapeutic aide wasn't warranted; 13 but if the therapist is saying that this service needs 14 to be in check, then we run sometimes -- who do you 15 believe, the parent? Do you believe the therapist or 16 the TA? You're caught in that dilemma. 17 So, you would hope you would want to bring 18 this back into the IEP; but there comes a -- what I call 19 political wrangling. You get in an IEP; and you don't 20 want to appear before a family that you don't have your 21 act together, that the therapists, the TA, the 22 Department of Health -- we're all arguing in front of a 23 parent who just wants her child -- or their child to 24 progress. 25 I won't sit and be privy to anybody arguing RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 180 1 in front of a parent with their child present or 2 anything like that. I will terminate a meeting on 3 behalf of the Department of Health. We just won't do 4 it. I won't do it on my own personal integrity. 5 And so, you try to have a meeting prior 6 before and say, "Tell me why all of this is happening. 7 Give me your justification." 8 And if that person is the therapist -- and 9 I'm not saying on their dishonest -- but sometimes I do 10 question why would a therapist say this when it's 11 clearly indicated that this child is meeting all these 12 benchmarks that we have to continue with this high level 13 of services when it can be demoted or downplayed? 14 And you just hope that on that person's 15 integrity you can bring it down and sometimes you run 16 into those dilemmas and you hope that you can solve 17 them. 18 Q. Okay. Just one more area. In terms of being 19 a therapeutic aide, is there any basic qualifications or 20 education that you need to have? 21 A. Basically, two years of college and at least 22 two years of clinical -- or one year of clinical 23 supervision having worked with children or it can be 24 substituted -- you may have a degree -- depending -- 25 there are three levels of TA, Level 1, Level 2, and RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 181 1 Level 3. And depending on where that level is, the 2 level of education and the level of training or clinical 3 supervision may have been increased because of the need 4 for the child. 5 Q. Okay. And I understand that you -- earlier 6 you had made some statements that you have a lot of, I 7 guess, faith or would hate to question clinical 8 integrity of some of these other clinicians when it 9 comes to their progress notes or the actual progression 10 of a child through this program; but if there was some 11 reason to question whether these people are even 12 actually qualified in the first place to be therapeutic 13 aides, how does that -- how do you address that? 14 A. If it's a credentialing issue, I first call 15 down to CAMHD division -- we have a credentialing 16 division where we check credentials of people and see if 17 they have met the minimal standards that are required of 18 a person. 19 If it's about a therapist, we have a clinical 20 director and sometimes we go in and we sit and we look 21 on best practices. What do we know empirically that 22 really works? Is this happening with this kid? Has it 23 happened? 24 Then we'll begin to question back and forth 25 and open up a dialogue to see. If I'm not performing RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 182 1 the service with the child directly and have no 2 observation of that child, then I have no recourse but 3 to accept what this person is saying and hoping that 4 their integrity is intact; but when there are enough red 5 flags, the place I will go will be to the clinical 6 director and to the branch chief and say, "Hello, 7 something isn't right here." 8 And hopefully we can resolve that in a milieu 9 approach or a team approach and usually that's how it 10 gets solved but that's a lengthy process because you 11 have to be careful. 12 Once parents get entangled with a 13 therapist -- and I don't -- the word "entangled" is 14 misused. Once parents get accustomed to having a 15 therapist and the child builds up a relationship with a 16 therapist, you want to be very careful about removing 17 all of a sudden someone that this child has forged a 18 relationship with. So, it's not as cut and dry. It is 19 a process that we go through. It's just that the 20 process takes time; and in that time and interest, money 21 may be being -- still being spent. 22 Q. Okay. And you had earlier cited to an 23 example where you had some concerns and some complaints 24 and you had taken them to, I understand -- is that 25 Dr. Drews? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 183 1 A. Yes. 2 Q. And that is sort of following the example you 3 had stated in terms of there were a lot of red flags and 4 your recourse or monitoring them compelled you to go see 5 Dr. Drews? 6 A. Uh-huh, yes. 7 VICE-CHAIR REPRESENTATIVE OSHIRO: Okay. 8 Thank you. 9 CO-CHAIR SENATOR HANABUSA: Thank you, 10 Representative Oshiro. Senator Buen followed by 11 Representative Ito. 12 SENATOR BUEN: Thank you, Co-Chair Hanabusa. 13 EXAMINATION 14 BY SENATOR BUEN: 15 Q. If Loveland Academy is the only game in town, 16 is this the provider that services the neighbor islands 17 also? Would you know? 18 A. I don't know. I don't know. 19 Q. Would you know of any other providers -- I 20 guess you wouldn't know because you -- okay. You said 21 you're the mental health supervisor for two schools on 22 Oahu? 23 A. Two school complexes, all of the schools 24 within the Kaimuki complex and all of the schools within 25 the Kaiser complex. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 184 1 Q. How many supervisors are there with DOH 2 providing similar services like yourself? 3 A. There are three of us. 4 Q. So, for the -- 5 A. And we have school complexes divided amongst 6 us. 7 Q. So, for the supervisor who is providing 8 services for the Maui complex, is that the only complex 9 that supervisor is responsible for? 10 A. I am not privy to how they work on the 11 neighbor islands. 12 Q. Okay. 13 A. But I can speak for Honolulu Family Guidance 14 Center. 15 SENATOR BUEN: Okay. Thank you. 16 CO-CHAIR SENATOR HANABUSA: Thank you, 17 Senator Buen. Representative Ito followed by 18 Representative Kawakami. 19 REPRESENTATIVE ITO: Thank you, Madam 20 Co-Chair. 21 EXAMINATION 22 BY REPRESENTATIVE ITO: 23 Q. Dr. Gardiner, you mentioned the menu of 24 services, you know, that has a list of providers; and 25 you said that, you know -- well, I just want to ask you: RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 185 1 Is it updated every year or you know -- 2 A. Currently the one we have is being updated. 3 It isn't updated as of today, but I do understand that 4 that -- because of the transition in services to the DOE 5 to school-based services, that that manual is being 6 updated because those services will automatically -- 7 many of them for low-end services will be going to the 8 DOE. 9 Q. So, the manual right now is out-dated? 10 A. It is out-dated. 11 Q. Okay. Also, I just wanted to ask you another 12 question. You know, the faculty of that Loveland 13 Academy, do you know if they're former Department of 14 Health employees? 15 A. I doubt it seriously. Loveland Academy is a 16 private facility. 17 Q. And what -- where did they get those 18 professors or experts? 19 A. I am not privy to that information. I don't 20 know. 21 REPRESENTATIVE ITO: Okay. Okay. Thank you 22 very much. 23 THE WITNESS: Uh-huh. 24 CO-CHAIR SENATOR HANABUSA: Thank you, 25 Representative Ito. Representative Kawakami followed by RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 186 1 Representative Leong. 2 REPRESENTATIVE KAWAKAMI: Thank you very 3 much, Co-Chair Hanabusa. 4 EXAMINATION 5 BY REPRESENTATIVE KAWAKAMI: 6 Q. I just want to ask this question: When the 7 program very -- started very early back in the 19 -- 8 what, '94, one of the questions I had asked was: At 9 what point do you exit children from a program like 10 this? There was no answer. And we're finding -- I 11 think there are some children that could be, and maybe 12 that's the problem we're seeing in -- we keep billing; 13 and some of the kids may be able to be exited or, as you 14 mentioned, I think down step -- 15 A. Step down. 16 Q. -- with lesser services, et cetera. But we 17 keep billing at a certain rate; and I wanted to know, if 18 that's the case, what you were mentioning there, do you 19 see some children that could be exited, could be 20 downgraded? 21 A. I don't -- at this point time with the case 22 loads that I deal with, no, they shouldn't be 23 downgraded; but there should be modifications made to 24 the program or clarifications given to us by Loveland as 25 far as the progress. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 187 1 No, I would not say any of those cases at 2 Loveland should be downgraded or made low-end services; 3 but to maintain the level, we need more documentation 4 and information and more timely documentation so that, 5 as a treatment team, we can actually see and chart the 6 progress of the child which we are not getting. 7 Q. Okay. You're not getting it. Are you asking 8 for it? 9 A. Yes, ma'am. 10 Q. And how are you asking for it? 11 A. Very point-blank. Can you get your 12 documentation to me on time -- in time and when the time 13 gives you -- it's very pointed. 14 Q. You're doing this with the care coordinators? 15 A. The care coordinator does it first. If I 16 step in, it's because the care coordinator has been 17 unsuccessful. 18 Q. Okay. Then you bump it up? 19 A. I bump it up. 20 Q. Okay. How far do you bump it up? 21 A. The furthest I can bump it up is to my 22 supervisor which is the branch chief, Dr. Drews. 23 Q. Okay. And what does he do? Have you done 24 this? 25 A. Have I bumped it up? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 188 1 Q. Yes. 2 A. We bumped it up as far as we know that there 3 is an investigation going on and there are dialogues. 4 Yes, he has intervened before in getting the matter 5 taken care of; but that's one instance. We have more 6 than one instance of kids we need progress reports on or 7 information. 8 Q. So, what kind of progress do you get from 9 your branch chief? I mean, are you getting 10 satisfaction? It sounds like not. 11 A. It's out of his hands, really, until this 12 investigation is done. I don't know what he could do. 13 If they're being audited and investigated, you know, 14 what can we do? We can't say don't do this or do that 15 and make a stop in the services for the children. We 16 can't do that -- 17 Q. Okay. 18 A. -- until we have definitive evidence. 19 Q. Yeah. So, until that investigation is 20 completed. So, what you're saying is you're just 21 continuing as is? 22 A. It's business as usual. 23 Q. Business as usual? 24 A. Yes, ma'am. 25 Q. Okay. Even if you know that the kid needs -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 189 1 doesn't need all these services, right? 2 A. Yes, ma'am. 3 Q. Okay. You just continue on until this is 4 done? 5 A. Uh-huh. 6 Q. Okay. The other thing I wanted to ask is: 7 On the IEP, on the review or the revision, et cetera, 8 how often does this occur? 9 A. IEPS are held annually. 10 Q. Okay. If -- 11 A. But -- 12 Q. If it's tied into the progress the child has 13 made, okay, and he's made good progress, shouldn't that 14 IEP come earlier? 15 A. It can be convened earlier. 16 Q. Okay. Who would call it? 17 A. The parent would call it or the DOE. 18 Q. You don't have a part in it? 19 A. No, I don't call IEPs. That's a different -- 20 Q. But if you're monitoring this program and you 21 know it should -- these "X" number of children should be 22 downgraded, et cetera, or -- would you not attempt to 23 get an IEP done earlier? 24 A. The D -- the DOH component of this is the 25 CSP, coordinated service plan, and the mental health RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 190 1 plan. If we're actually seeing children making progress 2 and services being downloaded, then we will tell the DOE 3 that this case -- excuse me -- will be transferred and 4 the service will be bumped to low-end services. 5 Q. Okay. 6 A. But in the case of a child at Loveland, it's 7 very remote that that child will ever go to low-end 8 services. 9 Q. And who hired Loveland? 10 A. I am not privy to that. That was prior to my 11 coming on board. 12 Q. Because you keep saying they're the only show 13 in town; am I right? 14 A. As -- yes. 15 Q. Maybe that's -- that's what we got to check. 16 I mean, are they the only show in town? 17 A. And I could be highly mistaken. From the 18 case loads that I deal with, there's no other person I 19 deal with with those type of services other than 20 Loveland that is on the provider list. Loveland is what 21 I see. If I'm uninformed, then I'll go back; and my 22 branch chief will tell me I've been uninformed. But, to 23 the best of my knowledge, Loveland provides those 24 services. 25 Q. Uh-huh. So, that's the only entity that RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 191 1 was -- 2 A. Yes, ma'am. 3 Q. -- submitted as far as you know? 4 A. Yes. 5 Q. Okay. You said the MST, to your knowledge, 6 is geared for juvenile delinquents, those that are 7 defiant types of -- 8 A. Oppositional defiant conduct disorder. 9 Q. -- kids and working with them is to improve 10 the family relationship and so forth to bring a better, 11 I guess, homogeneous -- 12 A. Yes, ma'am. 13 Q. -- kind of family? 14 Did you find that to be an effective means of 15 working with these youngsters? 16 A. For MST, I have no complaints in that I 17 haven't seen the outcome data; and until I see the 18 outcome data, I really couldn't make a decision on it. 19 And being that I'm so new, we have never had 20 any complaints with MST. My complaints of recent have 21 been with the Continuum and the reason I say the 22 Continuum is those cases are being transferred back to 23 the Family Guidance Center and we're in a transition 24 phase. 25 And so, some of these cases were really RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 192 1 high-end high-maintenance kids. All of a sudden, we're 2 bringing them back into the Family Guidance Center which 3 will bump up stress with care coordinators and will bump 4 up stress with myself if I don't see that adequate 5 documentation and work has been done in order for us to 6 make a smooth transition. 7 REPRESENTATIVE KAWAKAMI: I see. Okay. I 8 guess that's all for now, and I thank you very much. 9 THE WITNESS: Thank you ma'am. 10 REPRESENTATIVE KAWAKAMI: Thank you. Thank 11 you, Co-Chair. 12 CO-CHAIR SENATOR HANABUSA: Thank you, 13 Representative Kawakami. Representative Leong followed 14 by Representative Marumoto. 15 REPRESENTATIVE LEONG: Thank you, Chair. 16 Thank you, Chair Hanabusa. 17 EXAMINATION 18 BY REPRESENTATIVE LEONG: 19 Q. Dr. Gardiner, you've been at Loveland -- I 20 mean, you've been at the DOE now for two months? 21 A. Yes, ma'am. 22 Q. How soon were you aware of some of these 23 abuses of billing? 24 A. Within one week. 25 Q. Within a week. And you've been trying to RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 193 1 investigate these billing errors; is that correct? 2 A. Yes, if not the billing areas, the services 3 provided. 4 Q. Uh-huh. 5 A. I usually won't deal with the money, but I 6 will always deal with the services that are provided. 7 Q. Uh-huh. And now you've been trying very 8 hard -- you've made 17 calls to Loveland Academy and not 9 gotten any results. What else can you do about it? 10 What are you going to do? 11 A. Honestly? 12 Q. Yeah, honestly. 13 A. I will do nothing. I will wait until the 14 investigation comes back, and the branch chief tells me 15 this is our plan of action. 16 I have to pick and choose the battles I can 17 fight. I have 142 children; and if I spend all of my 18 time on Loveland Academy -- and I hate to say this -- 19 there will be many other kids that I service that will 20 go undone. 21 And so, I've made my complaint known; and 22 I've made it known without hesitation. And I'm now 23 making it known to you. At this point, I choose not to 24 deal with Loveland Academy because it frustrates me; and 25 when I'm frustrated, my care coordinators are RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 194 1 frustrated. When they are frustrated, all of the other 2 private providers they deal with can tend to get 3 frustrated. Families get frustrated; and the bottom 4 line, the child will suffer in the end. 5 Q. My question to you is that can you tell me 6 right now what is the status of the enrollment at 7 Loveland? Do you have any idea? 8 A. I don't know what the status enrollment, but 9 I can tell you who we deal -- how many kids I'm dealing 10 with. In the day treatment program, we have 14 youth. 11 In the after-school program, we have 22 youth; and of 12 the 22 number, that could be a duplicate because some of 13 them that are in the day treatment also are in the 14 after-school program as well. 15 Q. Uh-huh. When I visited Loveland, I heard 16 some discussion, as we were walking through the campus, 17 that the -- someone said that they thought that so many 18 of the students that were sent there really didn't 19 belong there. They were not -- I mean, they were -- 20 they would not have to spend their time there, which 21 would mean that we would not have to bill them for so 22 much. Do you know about that? 23 A. I would only say this: In Loveland's wisdom, 24 if they know that the child was inappropriately placed, 25 then they should have called back to the Family Guidance RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 195 1 Center to the care coordinators and saying, "We're not 2 seeing that those services are needed." 3 Q. But that hasn't happened? 4 A. Not to my knowledge on any of the cases that 5 I supervise. 6 REPRESENTATIVE LEONG: All right. Thank you, 7 Dr. Gardiner. Thank you, Chair. 8 CO-CHAIR SENATOR HANABUSA: Thank you, 9 Representative Leong. Representative Marumoto followed 10 by Co-Chair Saiki. 11 REPRESENTATIVE MARUMOTO: Dr. Gardiner, I 12 just want to thank you for your candor. 13 THE WITNESS: Thank you. 14 REPRESENTATIVE MARUMOTO: Madam Chairman, I 15 have no questions. 16 CO-CHAIR SENATOR HANABUSA: Thank you. 17 Representative Saiki? 18 CO-CHAIR REPRESENTATIVE SAIKI: Thank you. 19 EXAMINATION 20 BY CO-CHAIR REPRESENTATIVE SAIKI: 21 Q. Dr. Gardiner, I just have a few questions. 22 First, on the service authorization process -- 23 A. Yes, sir. 24 Q. -- you had mentioned that the more intense -- 25 intensive the service, then authorization was required RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 196 1 by the branch chief? 2 A. Yes. 3 Q. But prior to the authorization going to the 4 branch chief, was there ever an opportunity for staff to 5 evaluate the request for the service before it went to 6 the branch chief? 7 A. Usually before the branch chief was involved 8 in the process, they went through clinical services; and 9 that's CAMHD division. And they would look at whatever 10 was being prescribed, the length of time for a partial 11 hospitalization, how long it was going to be; and they 12 would kick it back to us with questions questioning why 13 do we need this amount of time and how long the 14 duration. And the form itself actually would -- you 15 would have to list the length of time; and that length 16 of time translated into dollars, dollars and cents. 17 And so, it was the job of the division. Now, 18 that the branch chief and the clinical director has it, 19 as a clinician, I see that as a plus because sometimes 20 division was kind of slow in giving us the turn-around. 21 And if you have a child that has to be hospitalized, you 22 can't be waiting for someone downstairs to give you an 23 answer. Whereas, now, in the branch with the clinical 24 director and the branch chief, we get a faster 25 turn-around. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 197 1 And I will say to the merit of having a 2 clinical director and the branch chief, they do 3 scrutinize and ask a lot of questions of: Why do you 4 want to place this child in the hospital? Why are you 5 spending this? They do ask the dollars and cents 6 questions from us. It translates into that, but they 7 balance that. What is the best need for the child at 8 this time? 9 Q. Okay. More specifically, was -- did Loveland 10 fall into this category of services that required 11 authorization of the branch chief? 12 A. No. 13 Q. Okay. So, who could authorize services from 14 Loveland? 15 A. If it was within the IEP and we felt a child 16 needed to go to Loveland Academy, I could sign off. 17 Q. Did you always sign off? 18 A. In the two months I've been here, I've sent 19 no one to Loveland. I've signed off on nothing for 20 Loveland. I'm just doing maintenance of what already 21 was at Loveland. 22 Q. Well, was there ever a situation where 23 somebody at your level or someone with the authority to 24 sign off on services refused to recommend or to 25 authorize services to Loveland? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 198 1 A. I wouldn't say they were refused; but there 2 has been a reluctance to want to send someone to 3 Loveland because some of the basic things I described, 4 wanting some answers. That's all we want is some 5 answers. And it would make it easier in your conscience 6 as a clinician to say, "Okay. I don't have a problem 7 with this child being here" or the services that are 8 being performed. It's the lack of communication. 9 Q. Well, was there ever a situation where senior 10 management at the health department ordered services to 11 be provided through Loveland over the objections of 12 staff? 13 A. Not that I'm aware of. 14 Q. You had mentioned that there are 15 approximately 14 day students and maybe 22 -- 16 A. There are 14 in the day treatment program and 17 22 in the after-school program. 18 Q. Do you know what the -- well, does Loveland 19 charge tuition; or how does it -- how does Loveland 20 charge for services? 21 A. I'm really not privy to that. I just look at 22 what the services they perform and if it's needed by 23 the -- the treatment team sees that it is a need, then I 24 go by the services. And I'll ask the branch chief 25 division -- the PHAO handled fiscal matters. It RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 199 1 keeps -- at least, it keeps my integrity intact. When 2 I'm talking to a parent, I'm not talking dollars and 3 cents. I'm talking about their child. 4 Q. So, you're not sure if there's a tuition 5 that -- an overall set tuition that is charged? 6 A. I'm not sure. I'm not sure how the contract 7 is set up. And I purposely choose to not want to know. 8 Not unless the branch chief wants to bring it to my 9 attention or question me, I try not to know. It is a 10 very fine line I walk when I have to deal with parents 11 and providers and what's best for the child. 12 Q. Okay. You had mentioned that when you review 13 some of the progress reports, that it appears that the 14 reports are basically cut and paste and -- 15 A. Yes. 16 Q. -- that standard language is used in the 17 progress reports. Have you ever raised that or made a 18 complaint about that? 19 A. I did. And that was six of the 17 phone 20 calls. I wanted to understand the process of how 21 progress notes were written, and I have gotten no 22 response. 23 Q. And those were phone calls made to Maggie 24 Koven? 25 A. Yes. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 200 1 Q. But you've never met her or talked to her? 2 A. Not to this date. 3 Q. Do you know if there's actually a 4 person that -- do you know whether Maggie Koven actually 5 exists? 6 A. Yes, she does. 7 Q. I just wanted to make sure. 8 A. I would not swear my life on it because I've 9 only seen her signature, but I do have people who know 10 that she does exist. 11 Q. Okay. Thank you very much. I believe she's 12 on our Subpoena list. So, we'll have an opportunity to 13 check -- verify that. 14 So, aside from the six of the 17 phone calls, 15 did you make any other complaints about the progress 16 reports to anyone else? 17 A. It's -- it was very hard for me to make 18 complaints other than -- because she is a credentialed 19 person, I consider her a co-colleague of mine. We're on 20 the same level; and it would have been -- to me, I don't 21 like going around the corner. 22 She was the one signing. Then I needed to 23 hear from her; and because it's almost virtually 24 impossible to get a phone call answered, all I could do 25 was document and raise the concern to my branch chief RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 201 1 who then told us that an investigation was going on. 2 And after that was said to me, I just let it drop until 3 I hear something other. 4 CO-CHAIR REPRESENTATIVE SAIKI: Okay. Thank 5 you very much, Dr. Gardiner. 6 CO-CHAIR SENATOR HANABUSA: Thank you. 7 EXAMINATION 8 BY CO-CHAIR SENATOR HANABUSA: 9 Q. Dr. Gardiner, let me understand something. 10 You said there are 142 active cases under, if I can use 11 the word, your jurisdiction? 12 A. Uh-huh. 13 Q. Can you tell us what, I guess, qualifies a 14 case or a student to be under your particular 15 jurisdiction? 16 A. The Department of Health, along with the 17 Department of Education -- the Department of Education 18 takes low-end services kids, kids that can get 19 outpatient services. 20 By the time they get to the Department of 21 Health, a diagnosis is such that intensive in-home 22 services are needed. The level of medication management 23 may be needed. The care -- they're high-end services 24 and the high-end autistic kids remain with the 25 Department of Health. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 202 1 Q. Okay. So, the high-end autistic kids are the 2 142? 3 A. Those and we do have some that are not -- 4 that don't fit into that diagnosis or category, but they 5 are special ed. 6 Q. And they require special types of services? 7 A. Services, yes, ma'am. 8 Q. Now, other than Loveland -- you said it's 14 9 day, 22 after-school care; and the 22 may actually 10 include the 14. What other providers do you use besides 11 Loveland? 12 A. There are an array of providers. When it 13 comes to TAs, there are several agencies that are 14 contracted with the Department of Health; and we have a 15 cadre that we use from -- right now in the State of 16 Hawaii, TAs are a commodity. When we get them, we try 17 to hold on to them because there is a shortage in the 18 state. 19 And so, we try to use those who have been 20 tried and true and worked with us in the past; and you 21 find out, as that number increases with children, case 22 loads, TAs are spread kind of thin. And so, there are 23 several agencies that have TAs that we use. 24 Q. Would it be a correct statement to say that 25 each of the 142 cases would have a TA? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 203 1 A. No. 2 Q. So, about how many TAs do you have under 3 your control? 4 A. I would say -- of my 142 cases, I would say 5 130-something have TAs and some with multiple TAs. 6 Q. And the ones who do not, which may be about 7 12 or so -- 8 A. Uh-huh. 9 Q. -- why would they not qualify for TAs? 10 A. They were in MST -- MST Continuum. 11 Q. So, they may have TAs; but they haven't been 12 assigned one yet when they came back to you? 13 A. Not all of the MST Continuum cases have come 14 back; and so, I'm in the process of looking at what will 15 come back to me and what will be needed. 16 And so, when the cases go MST and MST 17 Continuum, I just don't deal with it because it's their 18 program. Let them deal with it, not unless they need to 19 corroborate and get more information before the file was 20 turned over to them. 21 Q. Have you ever observed the MST -- the home 22 care or the other category of the MST that we've heard 23 testimony on? 24 A. Just the MST in home. 25 Q. In home, home based. I'm sorry. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 204 1 A. No, I haven't observed. 2 Q. But, in your mind, there's a difference 3 between the Continuum and the home based -- is the word 4 that they used? 5 A. Yes. 6 Q. Do the home-based MST children also come to 7 you or have come -- transferred to you or is it only the 8 Continuum? 9 A. When a child is put in MST -- MST, they are 10 not with me. They are in MST. 11 Q. Okay. 12 A. And they are managing the case. For whatever 13 reasons, sometimes -- and I'm speaking strictly now 14 about the Continuum -- I will be dealing back with the 15 Continuum cases; and those are really high-end -- some 16 hard cases. 17 Q. You said that one of the reasons why you do 18 not want to know about the costs is basically because 19 when you speak to a parent, you want to just talk about 20 the child and you don't want to be bothered about the 21 costs of providing it? 22 A. Yes. 23 Q. Have you had the opportunity to review 24 Loveland's contract with the Department of Health? 25 A. No, I haven't. And may I clarify something? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 205 1 Q. Sure. 2 A. When I say -- when I'm speaking to a parent, 3 we speak oftentimes about families in deficits, that 4 this family has this problem, this problem, this 5 problem. 6 When I speak to a family, I speak from a 7 strength base, the good things about the family. 8 Because before the Department of Health came along and 9 before all of us came along to be the great helping 10 hand, somehow families were resistent and they were 11 managing. 12 And so, when I talk to a family, I don't 13 always like to remind them that there are so many 14 deficits. I like to build on some of the positive 15 things they have done, and sometimes it becomes a burden 16 to a family to hear that they're being relegated to -- 17 Oh, I'm sorry, we can't help you here because it costs 18 this and that. 19 Now, when I talk to care coordinators, I am 20 savvy about costs; but when I'm talking to parents and 21 providers and it's dealing at an IEP, I stay away from 22 that. Let's argue that somewhere else. I don't want to 23 deal with that with a family. 24 And that's an ethical dilemma with me because 25 I wouldn't want anyone to come to me and talk -- if I RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 206 1 had a child -- and start talking about my child, that he 2 was in terms of the dollars and cents worth to the 3 Department of Health. That would demean the whole 4 process; and to me, it would make that family feel that 5 they're at the mercy of dollars and cents of a system. 6 Yet, I think parents know that there is a 7 cost factor involved; and they're quick enough to tell 8 us when services aren't being provided. 9 Q. Okay. Do you participate in the IEP process? 10 A. I go when things are boiling to a point and 11 sometimes I go because the case has an interest to me 12 and I proactively see that down the road it's going to 13 need more intensive case management. 14 Q. You made a comment about Loveland Academy and 15 the problem is: Where else do you find that kind of a 16 service, even with all the reservations that you have 17 about them? When you say "that kind of a service," 18 what's the unique service that Loveland is providing? 19 A. If you have a high-end autistic child, 20 putting them in a regular DOE self-contained classroom 21 may not meet the bill, especially if you have several 22 other high-end autistic kids. 23 To manage a high-end autistic kid is a work 24 of art. It's a work of mercy. It's a work of grace, 25 and I'm not going to downplay it. The people who work RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 207 1 with them have to have some kind of higher calling other 2 than a paycheck. These kids can drain your energy. 3 They drain your time. And so, you have to have some 4 type of special training and know-how to deal with 5 high-end autistic kids. 6 How the parents deal with it -- you know, I 7 would like to go back to the issue -- if you could ask 8 me the question about respite because I felt it was 9 unfairly dealt with when you're dealing with high-end 10 kids. 11 If you want me to testify, I would rather be 12 honest with you and give you the whole spiel and give 13 you -- instead of giving you half of the spiel. Because 14 if you're dealing with a high-end autistic kids -- and 15 some of these families have more than one child that has 16 special needs. 17 If the family becomes -- the parents become 18 so dysfunctional or so to the point where they cannot 19 manage what's in that household, we're looking at 20 out-of-home placement; and once you divide up the home, 21 the statistics says that it's almost likely it's going 22 to be very hard to get that child placed back into that 23 home. We've broken up a family. I don't want that on 24 my conscious. I want to use the least restrictive 25 intervention to keep a family together. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 208 1 And so, when a child goes to Loveland, of 2 a -- in and of itself, it is a respite for us -- for the 3 parents. If you have to deal with the -- some of these 4 kids can't even go to the bathroom on their own. If 5 you've never done that type of work, you don't know what 6 it's like. I can't even explain it to you. 7 I have a col -- I'm supposed to be getting a 8 colostomy because I can't hold my own. I can only 9 imagine what that will mean for me and -- but, yet, 10 we're dealing with a child in those circumstances. 11 And sometimes when respite is given, it's not 12 given so people can baby-sit children. I have a strong 13 aversion to calling respite just baby-sitting. It is 14 not about baby-sitting from a true clinician's 15 perspective. It's about giving a mental health break 16 from the parents who have the day-to-day oversight of 17 that child. 18 And sometimes if we don't give them that 19 break, then we have another problem. The father may 20 choose to book and leave. Then we have a single parent 21 we're dealing with. 22 There are some justifications why respite 23 care is given. It's not just an all-in-one, here, take 24 this; and we're going to provide you with someone to sit 25 and hold hands with your child while you go shopping. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 209 1 Yes, they may go shopping; but the bigger picture is 2 they need a break from dealing with such an intensive 3 situation with their child. 4 Q. And you're saying that -- we were talking 5 about the MST Continuum children. 6 A. Uh-huh. 7 Q. And you're saying the MST Continuum children, 8 in your opinion, is equivalent to the autistic children 9 that Loveland is dealing with? 10 A. There's some high-end cases that we're going 11 to be dealing with, some oppositional defiant cases that 12 will require heavy intense supervision and case 13 management. 14 Q. And the situation in the 142 -- do you also 15 believe that they are primarily -- or 50 percent of them 16 or more may be in foster care so that the family unit 17 itself may not be there; but they're, in fact, in foster 18 care? 19 A. I do not have those statistics, and I was -- 20 that was my first time hearing that today. 21 Q. Okay. Now, let me ask you another thing that 22 you testified to regarding the Loveland Academy. You 23 said you made the complaint and then you were told that 24 there is going to be an audit and you were also told 25 that there was an audit prior to this. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 210 1 Do you know how long -- the first question 2 is: Do you know how long Loveland has had its contract 3 with the Department of Health? 4 A. No, ma'am, I don't. 5 Q. So, you don't know how many other audits may 6 or may not have been done? 7 A. No, ma'am, I don't. 8 Q. And you have no idea what kind of audit CAMHD 9 is performing at this point time? 10 A. I understand it's a fiscal audit. 11 Q. Have you been consulted or asked to provide 12 input as to what kinds of information should be looked 13 at? 14 A. Yes, ma'am, I have been. 15 Q. Okay. And what have you said that you would 16 like to see them audit? 17 A. I would like to look at the duplication of 18 services where they provide a TA and, yet, we have to 19 add another TA to a part of the program. Why are we 20 double billing, or why are we paying for double 21 services -- 22 Q. Okay. 23 A. -- if they're an all-inclusive program? 24 Q. Is there any other kind of fiscal types of 25 things that you came across in your period of time that RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 211 1 you were looking at Loveland that you also brought to 2 the attention of CAMHD in doing their audit besides this 3 double billing of services, any other things? 4 A. The other things would be programmatic in how 5 they go about doing their charting and maintaining a 6 clinical chart; whereas, that would be of greater 7 interest to me as a clinician to be able to have access 8 to see how things are being done. 9 Q. At any time with the concerns that you 10 raised, did CAMHD or its contract administrator, whoever 11 is doing this audit, ever tell you, "I'm sorry, 12 Dr. Gardiner, that's outside the scope of their contract 13 or that's not something we can ask them"? Were you 14 given any kind of sort of, you know, limitation to what 15 they would or could do in terms of performing their 16 audit? 17 A. To their credit, there were no limitations. 18 They just said give it to us straight. 19 Q. And who was it that you spoke to at CAMHD? 20 A. David Drews. He is the branch chief; and he 21 takes all of our complaints, cries, moanings, and 22 groanings. 23 Q. And when did Mr. Drews tell you that there 24 would be this audit performed? 25 A. It was brought up about three weeks ago that RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 212 1 it was an audit; and the reason for that, we were 2 planning on bringing Dr. Koven in and Loveland in and 3 just having a face-to-face talk. We were at a level 4 where we were so frustrated, that we wanted something to 5 happen. 6 And he said to us, "Before I call them in, I 7 need to check with division to make sure that there 8 isn't anything else going on." Then he did come back to 9 us in the next management meeting and says that it would 10 not be in our best interest to interfere with an ongoing 11 investigation that division had already begun on 12 Loveland Academy. 13 Q. Were you given a time frame as to when they 14 expected to complete this investigation? 15 A. No, ma'am. 16 Q. The other question I had was -- and I believe 17 a valid point that you make regarding some sort of 18 review process or a benchmark and a systematic 19 reappraisal of the situation. As far as you know, is 20 there anything like that built into the system as it 21 presently stands? 22 A. The IEP should be the benchmark of success 23 and failures. 24 Q. Right. 25 A. But when it's not generated along a period of RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 213 1 time -- I don't want to wait for one year to find out if 2 the kid has succeeded or failed. I would like those 3 quarterly reports sent in on time so we can accurately 4 assess if the services should continue. The problem is 5 the quarterlies don't come in on time or they don't come 6 in at all. 7 Q. So, what's your experience in terms of these 8 reports? If they don't come in quarterly or they don't 9 come in at all, is that like you haven't seen any in the 10 file or are they once a year or once every two years? 11 A. Well, when they do come, they come all in a 12 bunch; but the problem with that is that I have no 13 monitoring tool. And so, the care -- we can't just cut 14 a service because I have no documentation to cut. 15 And so, it's -- you're damned if you do and 16 you're damned if you don't. So, I have to continue to 17 let the service keep going; and that's frustrating to me 18 because I don't know where the child is and I can't 19 honestly talk to a parent about where a child is with 20 Loveland if Loveland hasn't told me where that child is. 21 Q. This quarterly report or this stack of 22 reports that you get, is that the one you testified to 23 before regarding the fact that Ms. Kov -- Dr. Koven 24 seems to sign the same thing -- 25 A. Yes, ma'am. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 214 1 Q. -- there may be a couple of words changed? 2 And you've had the opportunity to review some 3 of your -- the 140 -- well, maybe not the 140, maybe 4 just 22. 5 A. All of them. 6 Q. You reviewed all of them? 7 A. I review all of my cases. 8 Q. Over a period of time? 9 A. Yes. 10 Q. So, you found in those files the same thing? 11 A. Yes. 12 Q. Can you just give me, as an estimate, for 13 some of the students that you've reviewed, how long 14 they've been at Loveland? 15 A. Some, two -- two years; some, 18 months; 16 some, 12 months; some, six months. And that's about the 17 range. 18 CO-CHAIR SENATOR HANABUSA: Thank you, 19 Dr. Gardiner. I have nothing further. I'll just check 20 if there's any redirect from -- 21 SPECIAL COUNSEL KAWASHIMA: None. Thank you. 22 CO-CHAIR SENATOR HANABUSA: Any other 23 questions from any of the members of the Committee? 24 Thank you very much. 25 THE WITNESS: Thank you very much. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 215 1 CO-CHAIR SENATOR HANABUSA: Members, we've 2 been going for a while now; and we will take a short 3 ten-minute recess and reconvene at -- hopefully, 4 everyone, at 2:37. Thank you. 5 (Recess from 2:28 p.m. to 2:45 p.m.) 6 CO-CHAIR REPRESENTATIVE SAIKI: Members, we 7 would like to reconvene our hearing; and our last 8 witness for the day is Michael Stewart. Is Mr. Stewart 9 here? Please, have a seat. We'll administer the oath 10 at this time. 11 CO-CHAIR SENATOR HANABUSA: Mr. Stewart, do 12 you solemnly swear or affirm that the testimony you are 13 about to give will be the truth, the whole truth, and 14 nothing but the truth? 15 MICHAEL STEWART: I do. 16 CO-CHAIR SENATOR HANABUSA: Okay. 17 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 18 Mr. Stewart. Mr. Kawashima will proceed at this point. 19 EXAMINATION 20 BY SPECIAL COUNSEL KAWASHIMA: 21 Q. Please state your name and business address. 22 A. Yes. My name is Michael Stewart. The thing 23 is I work at the Diamond Head branch of the Family 24 Guidance Center of the Department of Health. 25 CO-CHAIR REPRESENTATIVE SAIKI: I'm sorry. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 216 1 Mr. Stewart, could you please pull the mike forward a 2 little bit? 3 SPECIAL COUNSEL KAWASHIMA: Closer to you. 4 CO-CHAIR REPRESENTATIVE SAIKI: Thank you. 5 THE WITNESS: Sure. 6 Q. (BY SPECIAL COUNSEL KAWASHIMA) And what is 7 your position, sir, at the Diamond Head Family Guidance 8 Center? 9 A. I'm a Social Worker 4, but I act as a care 10 coordinator. 11 Q. Care coordinator? 12 A. Yes. 13 Q. Just briefly, sir, will you give us your 14 educational background? 15 A. I have a bachelor of arts from Western 16 Washington University in sociology, and I did graduate 17 studies there. 18 Q. And what about your work experience, sir? 19 A. It is -- for the last 12 years, I've worked 20 as a social worker for the State of Hawaii. 21 Q. And is that a social worker with the 22 Department of Health? 23 A. Four years -- the last fours years with CAMHD 24 division. Before that, I worked for the Department of 25 Human Services for foster care for a year; before that, RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 217 1 four years as a social worker with the developmental 2 disabilities division; and before that, about four years 3 with CPS. 4 Q. Thank you. So, how long have you been with 5 the Department of Health Family Guidance Center? 6 A. Four years this October 1st. 7 Q. And who is your supervisor, sir? 8 A. Dr. Kenneth Gardiner. 9 Q. He was the gentleman that testified just 10 before you? 11 A. Yes, sir. 12 Q. And who is the head of the Diamond Head 13 Family Guidance Center? 14 A. David Drews. 15 Q. And what are your general responsibilities 16 with the Department of Health Diamond Head Family 17 Guidance Center? 18 A. I manage a caseload on the Kaimuki complex. 19 Principally what I have is elementary schools. I have a 20 caseload between -- fluctuates between 15 and 20. 21 Q. And you provide academically relevant mental 22 health services -- 23 A. That's the goal. 24 Q. -- to children under the IDEA and the -- what 25 they call Section 504 of the Rehab Act? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 218 1 A. That's correct. 2 Q. Is that what you do? 3 Now, can you then tell us what your duties 4 and responsibilities, though, more specifically are in 5 terms of caring for these types of children? 6 A. Yes. Once a child is identified as being 7 eligible for those services either under IDEA or 504, I 8 begin by attending meetings which the Department of 9 Education has, which is the IEP, generally. I also 10 usually facilitate a coordinated service plan and am at 11 least consulted on the mental health treatment plan. 12 From these plans, I procure services to be able to meet 13 the needs of the children and the team to help the 14 children. 15 Q. Do you monitor them also? 16 A. Yes, I do. 17 Q. Now, so, what kind -- what kinds of plans are 18 there that you're responsible for monitoring? 19 A. Well, the IEP plan, I have -- really it's the 20 mental health insert. What it is is a related service 21 that the department has contracted at the IEP. I 22 monitor that part, not the educational part. 23 And the CSP -- mainly it's a communication 24 tool to make sure all parties understand what we're 25 doing with the child. The treatment plan is the one RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 219 1 that the providers have to work with me on. 2 Q. The mental health treatment plan? 3 A. Or service plan it's called, either one. 4 Q. Now, will you explain to us your 5 understanding, sir, of what an IEP is then? 6 A. An IEP is a meeting that's held to secure 7 whatever is necessary to overcome this child's barrier 8 to get an education. 9 Q. And that IEP is developed with a number of 10 different, you know -- I should say, people from 11 different disciplines? 12 A. As needed. 13 Q. Now, you mentioned one of your duties was to 14 provide -- procure services for children. How do you do 15 that? 16 A. Well, at the -- if you -- the coordinator 17 will ask at the IEP meeting if anyone has a track record 18 or, you know, prefers an agency that we work with for 19 one reason or the other because they do have different 20 philosophies. If that's not the case, then when I get 21 back to the office, I usually assign it according to, 22 one, my familiarity with the agency and, two, what the 23 market is, who's got the available people. 24 Q. What happens after that in terms of the 25 agency being involved or becoming involved? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 220 1 A. Well, once the agency tells me they can 2 provide the service, then I fill out a service 3 authorization. Most levels of service I can authorize 4 myself, so long, of course, I'm following the plan, the 5 IEP and the treatment plan. There's a few services, 6 respite and flex and TA services, that I would have to 7 get a superior to authorize. 8 Q. Why is that, sir? 9 A. I guess because -- in respite and flex, I 10 suspect because they're unstructured noncontracted 11 services that they want to have a higher review. When 12 it comes to the TAs, I'm not certain of the full 13 rationale. 14 Q. All right. So, how many children does the 15 Diamond Head Family Guidance Center service? 16 A. I think around somewhere between 3 and 400, 17 around 350 children, I think. 18 Q. Now, I understand they're divided into a 19 Honolulu branch and a Diamond Head branch? 20 A. Kalihi-Palama unit and Diamond Head unit 21 which, I think, together is the Honolulu branch. 22 Q. And how many are there in those two 23 facilities? 24 A. Well, we've got four complexes at Diamond 25 Head; and we've got two at Kalihi-Palama. So, I think RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 221 1 it's about a third/two-thirds kind of share. 2 Q. So, Diamond Head has 200 of them about? 3 A. I would think. 4 Q. And the rest come from Kalihi-Palama? 5 A. I would think so. 6 Q. How many care coordinators like you are there 7 at the Diamond Head Family Guidance Center? 8 A. I believe around 17, 18, something like that. 9 Q. I think you mentioned your caseload earlier, 10 sir. I didn't note it. What is your typical caseload? 11 A. Mine is between 15 and 20. 12 Q. Now, as a care coordinator, then, you get 13 quite involved with the children, do you not? 14 A. Certainly. 15 Q. Are you aware of the services that are 16 provided for the children on -- that are in your 17 caseload? 18 A. Yes, I am. 19 Q. Tell us what -- describe the types of 20 services that are typically -- typically provided for 21 for these children with mental health needs. 22 A. Well -- okay. I -- since the majority of my 23 cases are still autistic cases and I still provide the 24 full range as we used to, that range would be: 25 Emergency services if a child had to be transported RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 222 1 somewhere; evaluation services, including psychological 2 and psychiatric; therapy, group, individual and family 3 therapy. Also, we pay for medication monitoring, for 4 courtroom and IEP participation, for intensive in-home 5 services, for school consultation, for therapeutic 6 aides, and biopsychosocial programs. And most above 7 that is institutional kind of services. 8 Q. All right. Now, without naming names, sir, 9 without getting -- or giving us the names of particular 10 cases -- we'll keep that for now a matter -- a private 11 matter -- are you aware of instances, in your opinion, 12 where there has been excessive spending? 13 A. Yes. 14 Q. Tell us what areas they are, sir. 15 A. Well, in -- I guess one thing is that with 16 the biopsychosocial programs, it doesn't seem we're able 17 to get a child in there without having to also put a TA 18 in for one-on-one support. And that's not my 19 understanding of how it was envisioned, but that turns 20 out to be the reality if you want to get a child into 21 one of those programs. 22 I see -- in school consultation, I've had 23 cases where I've had to challenge it because I just 24 couldn't believe that the therapist was spending that 25 much -- common sense was the problem. It was that I RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 223 1 couldn't believe the therapist was spending that much 2 time with the educators. Excuse me. And it turned out 3 they weren't, and I was able to reduce it. 4 I've seen intensive in-home services that 5 have existed for so long -- the thing is I think they're 6 at -- really having an opposite effect of what it was 7 they were even intended for. 8 So, I would say those are probably the -- and 9 the medication monitoring, from my understanding from 10 both my present and my former clinical director, for 11 them to be seen by a psychiatrist or neurologist once a 12 month is really overkill. The patient -- and it also 13 cuts the family doctor out of the loop because the thing 14 is they should be the ones that are providing that kind 15 of monitoring, for the most part. So, those are areas 16 I've seen. 17 Q. Thank you, sir. You -- if I might develop 18 these four -- I think you developed four areas for us. 19 One had to do with the use of therapeutic aides. 20 Another was in-school consultation. Another was 21 medication monitoring; and I think the last area you 22 discussed was intensive home care services, in that -- 23 somewhat in that order. 24 A. Okay. 25 Q. Am I correct that those are four areas you've RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 224 1 identified? 2 A. Those are four areas I identified. 3 Q. Now, the use of therapeutic aides, though, 4 what do these aides do? 5 A. Well, the aides do a tremendous amount is -- 6 you know, and thank God we have them. We don't have 7 enough, and we don't have enough qualified ones. 8 What they do is one-on-one work with 9 children -- with my children, autistic children, they 10 have to do very progressive kinds of therapy, card 11 therapy. They can do picture therapy, things that 12 require constant prompt and constant -- and every five 13 minutes, you've got to be prompting the child; and it 14 can wear you out. That's why some children have to have 15 multiple TAs, not because the assignment is that broad; 16 but the thing is you can't do that to any individual. 17 You can't make them do that for 40 hours. 18 The problem with the TAs, though, is that we 19 don't have enough of them so that the care coordinators 20 are pretty much held hostage by the agencies as far 21 as -- in working with them because the fastest way a 22 case can go down is for the one-on-one support not to 23 show up. The thing is they really got you. 24 Q. They -- 25 A. Oh, yeah, they'll call you up and say they RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 225 1 want an authorization right now. I'm not saying that 2 there's not one called for; but, I mean, even if it's 3 late, the thing is that the threat is the personnel will 4 not show up to service the child, which I've always 5 thought was clinically, you know, abhorrent. And I've 6 tried to make that point clear. 7 But the part about the TAs is that the 8 agencies aren't giving me, as a coordinator, not very 9 much is -- in the four years I've been out there, I've 10 never seen a supervisor from one of those agencies ever 11 observing one of these TAs to see what it is that they 12 were supposed to be doing. 13 And when it comes to getting a plan from them 14 to follow along with the plan with the therapist, it's 15 very hard to get a hold of them. So, I've often 16 wondered -- and, yet, I am aware after all these years 17 that the thing is the agencies through our contract are 18 very well compensated for training and clinically 19 supporting and supervising these TAs; but I don't think 20 we get it. 21 Q. Well, let me develop that for a few minutes, 22 sir. "They're very well compensated," what do you mean 23 by that? 24 A. Well, I mean, the thing is is -- well, you 25 know, I'm not a contractor nor am I a business analyst; RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 226 1 but the thing is that from what I've been privy to -- we 2 used to have those numbers in front of us -- they get 3 darn near a third of the total of the costs that we per 4 hour price it out. 5 So, it's one of those things where the TA -- 6 the most they get is 15 bucks. They get, like, 9, 12, 7 or $15; and, yet, the agency gets 20-something -- I 8 don't know. $25, I'm sure, is not really an 9 exaggeration per hour. So, it seems like a lot of money 10 per hour considering I've never seen anyone even 11 supervise them. 12 Q. I've heard 30-plus dollars. 13 A. I'm trying not to exaggerate. 14 Q. By the way, let's identify who we're talking 15 about. We say "agencies." We've been using that term. 16 A. Right. 17 Q. Give us an example of what you're talking -- 18 who you're talking about. 19 A. Hawaii Behavioral Health, TIFE. 20 Q. TIFE, T-I-F-E? 21 A. T-I -- I'm sorry, sir. It is The Institute 22 for Family Enrichment, TIFE; CARE, which is Child and 23 Adolescent Resources for Education; CFS, which is Child 24 Family Services; Catholic Charities, to name a few. 25 Q. Are these essentially nonprofits? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 227 1 A. I'm not aware of their tax status. 2 Q. Now -- so, you're saying that these 3 agencies -- these type of agencies -- and you've 4 identified some. There are more, of course, right? 5 A. Those are the biggies. 6 Q. And they provide the personnel, in other 7 words? 8 A. Yes. 9 Q. And they charge the State of Hawaii, through 10 the Department of Health, a certain amount per hour for 11 each one of those aides? 12 A. Yes. 13 Q. And you're saying they're charging at least 14 $30 an hour for each one of those aides? 15 A. No, you said that. 16 Q. All right. You said it might be 25? 17 A. Yes. 18 Q. Being conservative? 19 A. Correct. 20 Q. All right. But then they turn around and pay 21 these aides much less than that? 22 A. Yes. 23 Q. And they're supposed to train and supervise 24 these aides, though? 25 A. Yes. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 228 1 Q. And you've never seen anyone from the 2 agencies at any time on campus supervising these people? 3 A. True. 4 Q. And how about training them? Do they train 5 them? 6 A. I believe they have training, but the level 7 of training or the how they do it doesn't keep up with 8 the real quality of the personnel that ends up being 9 assigned. 10 Q. So, who ends up then, sir, providing this 11 training? 12 A. Our therapists who are paid through school 13 consultation or try to get us to increase their therapy 14 hours to be able to make this work. 15 Q. In essence, you end up paying for the 16 training of these people who should be independently 17 trained? 18 A. Yes, sir. 19 Q. Is that what you're saying? 20 A. Yes, sir. 21 Q. Have you raised this with anyone? 22 A. Yes. 23 Q. With whom? 24 A. With my direct supervisor. And I believe 25 that this is a commonly known flaw in the production of RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 229 1 services; but considering that we are so dependent upon 2 them to keep these cases stable and active, I don't know 3 what -- 4 Q. Have you brought it to the attention of 5 anyone else? 6 A. I brought it to the attention of the agencies 7 themselves. And the thing is I hear about -- I hear 8 these complaints, you see, from the TAs themselves. 9 I guess I kind of see myself on their side in 10 this -- is that they don't feel they -- you know, they 11 want this support. I mean, if you were working with a 12 challenging child, the thing is, of course, you want 13 people to come down and help you. 14 And the thing -- and it turns out who has to 15 help them is the good therapists that I have on my 16 cases, but it turns out I have to compensate them for 17 something that's not being done by the agency. I mean, 18 I can understand a little bit of give and take on that, 19 sir, you know. 20 Q. Sure. 21 A. The thing is I don't see it as a little bit 22 of give and take. 23 Q. From what you see, though, sir, would it be 24 more cost efficient cost effective for the state to 25 directly contract little these therapeutic aides and cut RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 230 1 out that middle person? 2 A. Yes, sir. 3 Q. How about school consultation? I didn't 4 quite understand what you meant there about having this 5 one-on-one -- 6 A. School consultation is supposed to be for the 7 educators. If the educators, our teachers, have what 8 they call district level support, they have resource 9 teachers that teach them how to take care of kids with 10 learning disabilities and stuff like that, educational 11 stuff; but when you have a child that has a particularly 12 trying diagnosis because the behaviors are very 13 disruptive, let's say, or the thing is they're very hard 14 to get a kid on a reward or -- system because he just 15 doesn't seem to be negotiating with it, then the teacher 16 at the meeting typically is the one that says, you know, 17 "I need help" -- is that "For me to keep Johnny in my 18 classroom, it seems I need somebody not just to work for 19 Johnny. I need somebody to work for me about how it is 20 I can work with Johnny." 21 But I've seen in cases that I've gotten that 22 I've had to repair and I'm not saying that I didn't have 23 the support of my superior in repairing it; but I've 24 seen the evidence of what teams had put in place which 25 was huge amounts of hours that there's no way an RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 231 1 educator could offer that amount of time for that kind 2 of support. 3 And when I asked of -- the therapist about 4 it, it turned out that what she was doing was she was 5 visiting TAs to check up on what they were doing. And 6 so, I called the clinical director after I talked to my 7 supervisor about it; and those hours were discontinued. 8 Q. How about medication monitoring, sir? I 9 think you explained that, but what does that mean to 10 you? 11 A. Well, it -- I want to explain it and it -- 12 and, you know, embellish a little bit on it, I guess, is 13 that there's two levels to almost every problem that 14 we've challenged -- that we have -- let me say challenge 15 that we have -- is that there's economic and there's 16 clinical, you know, reasons for everything. 17 The downside of not -- even though the 18 department identified that this is the direction we need 19 to go into, it's just that we haven't gotten there, but 20 we need to arrive, is that the family physician, the 21 pediatrician, the one that takes care of the child for 22 the most part, under the parents' insurance or under 23 Quest, even if we have to pay the co-payment, would 24 empower the parent to be able to have control over 25 medicines given to their child. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 232 1 And I've had the -- our current clinical 2 director, Dr. Hirsch, who is a psychiatrist, and our 3 former director, Dr. McCarthy, who is a psychiatrist and 4 pediatrician, tell me the thing is is that it is 5 overkill to see a psychiatrist and neurologist every 6 month for medication monitoring. 7 Monitoring doesn't mean that they're 8 measuring the effectiveness of the drug as it -- you 9 know, it's, you know, affecting a behavior. Instead 10 they're just looking for physiological stress, for the 11 most part. What they're looking to see is: Is the drug 12 having a bad effect on the child? Is he twitching? Is 13 he -- you know, is it hurting his nervous system? 14 But, you know, your family doctor can do that 15 is -- so, what I've heard is that these -- what I've 16 been told by the practitioners in the field that are my 17 consultants is that we should move quickly in that 18 direction because involving the family physician, as I 19 said, empowers the family and also improves the quality 20 of the medical care the child receives because, like, if 21 the child is asthmatic and he's receiving an amphetamine 22 to control that, he certainly should not. And if the 23 child is getting Risperdal or he's getting, you know, 24 some other drug for the control of ADHD or something 25 like that, any HMO system -- what I go to is I go to my RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 233 1 family doctor; and then from there, the thing is the 2 specialists are arranged. We need to get to that. 3 Q. What you're saying is that the system 4 requires these children to be monitored by another type 5 of specialist? 6 A. I'm not saying it requires it, but I'm 7 saying -- I'm telling you that's what's happening. 8 Q. And these types of specialists are in what 9 areas of specialty? 10 A. The specialists that the medical monitors go 11 to are either child psychiatrists or neurologists. 12 Q. And when you -- when you say monitoring, 13 though, from what I hear you testifying to, what you're 14 saying is that they go into this physician, whether it 15 be a child psychiatrist or neurologist. The physician 16 observes them physically. 17 A. Yeah. 18 Q. That's the clinical examination that's being 19 done, right? 20 A. Well, I don't want to speak for what all is 21 done by them; but it seems -- from my understanding, 22 yes, it's an observation and it's an observation to see 23 if the medicines are hurting the child. 24 Q. And you've talked to parents about this, have 25 you not? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 234 1 A. Yes, I've talked to parents about it. 2 Q. And asked them how long these typical visits 3 take? 4 A. Yes. 5 Q. What have they told you? 6 A. They don't take an hour. 7 Q. Well, do you recall what they told you about 8 how long these visits take? 9 A. Well, it depends. I've had parents that have 10 not been satisfied with the psychiatrist who was doing 11 the monitoring who was also doing the therapy for their 12 child; and I've had more than one complaint that they 13 thought that, yes, that the monitoring was very, you 14 know, superficial. 15 Q. Takes about five minutes maybe? 16 A. Maybe, maybe five, ten minutes. I've heard 17 those reports. 18 Q. How much do they charge for that service, to 19 your knowledge? 20 A. I'm not certain -- I'm not certain. The 21 thing is is that I -- it's in -- it's more than therapy, 22 I believe. The thing is that I would -- I would guess 23 it's around $100, something like that. 24 Q. Now, you say this -- the services could be 25 covered by insurance or Quest or something like that? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 235 1 A. Could be, sure. 2 Q. Do you know if the Department of Health 3 obtains reimbursement from health insurance providers 4 for paying for this service? 5 A. No, not that -- not that I know of. I -- 6 we're supposed to be moving in that direction is that 7 there is -- you know, I have -- many of my children who 8 are autistic receive SSI; and when you receive SSI, the 9 things is you've got Medicaid for insurance. And the 10 thing is we need to be using that Medicaid because on 11 Medicaid eligible service, we get 50 percent back from 12 the Federal Government. And that kind of reimburses -- 13 particularly in this economy. It's something -- we need 14 this vitally. 15 Also, the thing is it also kind of gripes me 16 that these parents pay the premiums for their insurance 17 and their insurance, because of the legislature, has to 18 provide 24 visits a year for the -- under it. And the 19 thing is they just write that off to I don't know what. 20 Growth? Is -- because the thing is they're supposed to 21 be using that premium to see these kids. That's all 22 you're being paid for. So, I don't know why we're being 23 so gallant in, you know, never really asking it to be 24 done. 25 Q. And the other areas, sir, you mentioned was RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 236 1 intensive home care services. What were you referring 2 to there? 3 A. Well, the problem with it is that it 4 becomes -- it's opened-ended service; and it's not 5 supposed to be. My experience has been it's an 6 open-ended service. It's not supposed to last more than 7 12 weeks. 8 The thing about intensive in-home service is 9 what happens is is that Johnny is just such a problem 10 even at home, that even though these parents -- let's 11 say they're trying -- they're good parents -- because I 12 want to put it that way. I don't want to say that this 13 service is something that has to be done because the 14 parents had inadequacies. It's because the child has 15 these tremendous, you know, demands. 16 They're supposed to go in for up to 12 weeks, 17 and that's really it. No more than 12 weeks ever is 18 what, you know, our own standards imply. They're 19 supposed to go in and set up some behavioral systems so 20 that when they leave, the parents are in control of the 21 children. And the thing is they're enjoying their 22 children, hopefully, again; and because of the lack of 23 strife at home, the kid's going to do well in school and 24 go and get an education and be a good citizen and get a 25 job, I mean, the whole -- the whole package right there, RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 237 1 right? 2 What happens is is that 13101 -- it doesn't 3 end; and when it doesn't end, that's what I had 4 mentioned. It has the opposite effect because the thing 5 is now Dr. Smith, Dr. Green, whoever it is, becomes the 6 expert in this family's negotiations on everything. 7 And so, of course, he's indispensable at this 8 point. He becomes a surrogate parent, and he ends up 9 going to the meetings. And all I hear from him is the 10 13101 therapist; and when I look to the parents, they 11 smile and nod on cue, you know, because what's happened 12 is they've had their natural authority taken away. And 13 it -- it costs a lot of money. It's always these 14 clinical money things. 15 Q. At the same time somebody is taking care of 16 their children? 17 A. Well -- pardon me? 18 Q. At the same time somebody is taking care of 19 their children? 20 A. Well, sometimes there will be -- a TA is 21 involved; but that shouldn't be taking care of their 22 children. That should be providing some certain need 23 under the guides. 24 What I'm saying by intensive in-home is that, 25 by design, it's supposed to be intensive. It's supposed RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 238 1 to be short. It's supposed to be in your home and then 2 out. To let someone stay in your home for very long, 3 you end up abrogating your role in your child's life. 4 And it comes to decision-making about 5 services later because now you always have a 6 professional advocating for services instead of having 7 the parent tell you what they think they need to be able 8 to get a happy family. 9 Q. And the clinical standards for this type of 10 service is what, sir? 11 A. Clinical -- pardon? 12 Q. Standard. For how long should it be? 13 A. I believe it lasts for -- the last time I 14 read in clinical standards on 13101 is it couldn't 15 extend farther than 12 weeks without the division's 16 clinical director approving it. 17 Q. Have you seen situations where services were 18 continued beyond this 12-week period? 19 A. For years. 20 Q. In more than a few cases? 21 A. At least a few. 22 Q. Now, sir, you met recently with the auditor's 23 staff, the state auditor's staff, in August to discuss 24 your concerns, were you not? 25 A. Yes, I was called. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 239 1 Q. And you told your branch chief and your 2 supervisor that you were meeting with the auditor's 3 office? 4 A. Yes, I -- when I was called by Mr. Balder, he 5 told me that I could either do that or not or I could 6 meet him whenever I wanted, whatever I was comfortable 7 with; and I told him what I was most comfortable with 8 was making an appointment with him and going down to his 9 office and talking to my superiors that I was. 10 Q. And you took vacation time to do that, 11 though, didn't you, sir? 12 A. Well, I -- I wanted to make sure what I was 13 doing was appropriate. So, yes, I did. 14 Q. Sure. 15 A. As I have today. 16 Q. Sure. And you told your branch chief, and 17 that branch chief is whom? 18 A. David Drew. 19 Q. And you told -- you told your supervisor. I 20 think you've identified him, but that is whom? 21 A. Ken Gardiner, Dr. Gardiner. 22 Q. Dr. Ken Gardiner; is that right? 23 A. Right. 24 Q. Now, I understand that your branch chief, 25 Mr. Drews, attempted to call you during this meeting at RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 240 1 the auditor's office; is that correct? 2 A. That's true. I didn't know it at the time. 3 I thought it was my wife. 4 Q. Did you have a cell phone or pager? 5 A. Yes, I had my cell phone with me. 6 Q. All right. And then you did talk to 7 Mr. Drews after this meeting? 8 A. Yes, because I called up, you know, a missed 9 call; and the thing is -- and then pushed the other 10 buttons -- because it was a number unfamiliar to me at 11 work, which surprised me because I had never given work 12 my cell phone number. 13 Q. How did he get that number then? 14 A. It turns out that he asked a colleague of 15 mine for it who had it personally and gave it to him. 16 Q. I'm sorry. He called whom? 17 A. He asked a colleague of mine for it -- 18 Q. Okay. 19 A. -- who had it for personal reasons and he 20 gave it to him. 21 Q. And then what did Mr. Drews tell you when 22 you -- well, did you call him after the meeting? 23 A. Yes, of course. 24 Q. What did he tell you? 25 A. He told me that I would -- I needed to get a RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 241 1 hold of the deputy AG's office because there was an 2 opinion that I -- it may not be appropriate for me to 3 testify and to the extent that the AG should go with me. 4 Q. Okay. What did you tell him? 5 A. I told him it was a done deal is -- the thing 6 is I was out of the meeting already, but the thing is 7 that certainly made me feel uncomfortable because I had 8 been assured that Dr. Anderson had said to fully 9 cooperate with the investigation. So, I was kind of 10 lost. 11 Q. You're not suggesting Dr. Anderson told 12 anybody not to cooperate with this investigation, are 13 you? 14 A. No, I'm not -- I'm not implying that at all. 15 I'm just saying -- I'm saying that's what I read in the 16 paper; and that's what I was told when Mr. Balder called 17 me. And so, the thing is the idea that there would be 18 any opinion to the contrary certainly surprised me. 19 Q. Sure. And you did speak with the deputy AG, 20 did you not? 21 A. Well, first, I called and couldn't get the 22 AG; and the thing is I was concerned. And so, the thing 23 is -- so, I called back to Erv Balder right away. And I 24 went, "Hey, you know, I just got through testifying with 25 you; and now I'm being told that I probably should have RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 242 1 had my AG with you and I can't reach him but I just want 2 to let you know what the status of things are." 3 So, I tried the AG again. I did get the AG, 4 and he talked with me. 5 Q. What did he tell you? 6 A. He didn't tell me that. The thing is what he 7 told me was that he was my attorney; and if I was 8 uncomfortable coming before this Committee for any 9 reason, the thing is he would come with me but that 10 certainly I was supposed to cooperate with the 11 investigation. 12 So, I asked him the bottom-line questions. 13 What do I do if Mr. Balder calls me back? 14 And he says, "Well, certainly if you feel 15 comfortable, go ahead and cooperate with him." 16 I said, "Okay. Thank you." And I called 17 Mr. Balder back then because I didn't want him to 18 have -- social workers do that. I didn't want him to 19 have the misinterpretation that the AG had said what it 20 was that I had been told the AG said and -- you know, 21 because everybody's got the weekend. It was Friday. 22 So, the thing is I called him back and said, 23 "No, that's not" -- "that's not the situation." So, 24 that was the end of that. 25 Q. All right. In fact, the A -- he told you RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 243 1 cooperate with the AG's -- with the auditor's office, 2 didn't he? 3 A. That was the tone, yes, is cooperate with the 4 investigation. 5 Q. And he told you if you felt in any way 6 uncomfortable, he would be with you whenever 7 you appeared? 8 A. I had the impression that he was acting, as 9 they always do to a social worker, as my attorney. 10 Q. And you did not feel that it was necessary to 11 have that representation; although, you do know you have 12 the right to have counsel with you? 13 A. I read that in the Subpoena; and, no, 14 presently I don't. 15 Q. Thank you. Now, you were instructed, though, 16 to debrief someone after this meeting with the auditor's 17 office? 18 A. No, sir. That was, I believe, that 19 Dr. Gardiner was asked to debrief me. 20 Q. Oh, I see. And who did you understand 21 instructed Dr. Gardiner to debrief you? 22 A. He told me David Drews. 23 Q. Do you have any reason to believe he was not 24 telling you the truth? 25 A. No, I have no reason to believe he was not RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 244 1 telling the truth. 2 Q. Now, I understand, sir, as you sit here today 3 and as you are testifying honestly and fully, that 4 Mr. Drews is here in the room with you today -- with us 5 today? 6 A. Yes, that's true. 7 Q. And there are others of high positions from 8 the Department of Health in this room today? 9 A. Yes, that's true. 10 Q. They've spoken with you already, have they 11 not? 12 A. No, they have not spoken to me. 13 Q. Not today? 14 A. Not today. 15 Q. Do you feel uncomfortable that they're 16 there -- here listening to you? 17 A. Not really. 18 Q. Now, do you believe that there are others at 19 the Department of Health who are afraid to speak out 20 because of -- at the risk of losing their jobs? 21 A. Sure, I'm certain there are some that would 22 be -- that would be their fear. There's also the -- 23 there's a pervasive problem that exists with what we're 24 doing is by having this Federal Court oversight is that 25 you can't admit that you got any problems, and that puts RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 245 1 you in a rough spot because there's nothing mankind has 2 ever tried to do that there's not problems with. 3 So, you know, they would feel that they were 4 being, I think, disloyal somehow to the department by 5 not putting on the best face for those that are watching 6 us rather than just letting them see, as Abraham Lincoln 7 would say, "warts and all," you know, what our picture 8 was like. 9 Q. In other words, the truth is really not 10 coming out? 11 A. I think we're certainly emphasizing our 12 accomplishments. 13 Q. A few more questions, sir. Do you believe 14 that money that was intended to help Felix children has 15 been wasted? 16 A. Yes, I believe some of it has. I believe too 17 much of it has. 18 Q. Do you think that there is a lack of 19 appropriate control over spending? 20 A. Yes. 21 SPECIAL COUNSEL KAWASHIMA: No further 22 questions. Thank you. 23 CO-CHAIR REPRESENTATIVE SAIKI: Thank you 24 very much. We'll begin with the Members' questioning, 25 with, first, Vice-Chair Oshiro followed by Vice-Chair RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 246 1 Kokubun. 2 VICE-CHAIR REPRESENTATIVE OSHIRO: Thank you, 3 Co-Chair Saiki. 4 EXAMINATION 5 BY VICE-CHAIR REPRESENTATIVE OSHIRO: 6 Q. I just have a few clarification questions. 7 Particularly, when you were talking about the 8 therapeutic aides, I think you folks had talked about 9 the fee arrangement; and as I seem to recall, you said 10 there was a differential between how much the state pays 11 to the agency versus how much the agency would, in turn, 12 pay to the actual therapeutic aide; is that correct? 13 A. Correct. 14 Q. Do you know if there's any reason or 15 justification for what that differential and fee is 16 supposed to be provided for? 17 A. I believe it's training, supervision, and, 18 you know, the incurred responsibilities that an employer 19 is supposed to have in this state, even though almost 20 all of the TAs, Representative Oshiro, that I know don't 21 get medical benefits. They end up being independent 22 contractors. 23 Q. Okay. 24 A. That's -- yeah, that's exactly what I mean. 25 Q. Okay. So, the three reasons you've stated, RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 247 1 one being the sort of benefits that are provided to 2 employees, they're mostly independent contractors. So, 3 that doesn't really apply? 4 A. Most TAs I know, yeah, don't get them. 5 Q. Okay. And then it -- when it comes to the 6 actual supervision, you've said that in your experience 7 you haven't seen too much of that supervision? 8 A. I believe that's a -- that's a belief also 9 held by my colleagues. I think that's generally held is 10 that we don't get any bang for the buck out of the 11 agencies themselves, is that we -- at the same time, we 12 want to be defensive of those people who are making 13 Herculean efforts to try to help the kids, you know, 14 some of the TAs themselves. But I -- like I said, in 15 the four years I've been out there, I've never seen any 16 active supervision of the TA by the agency. 17 Q. Okay. And then the third reason you said was 18 training; and in your experience, you found that they 19 actually didn't have the proper training and in 20 actuality you sometimes had to provide the training? 21 A. Many times. 22 Q. Okay. So, based on all of that, I understand 23 that you actually made -- you raised the concerns with 24 your supervisor. Who was that? 25 A. I've had various supervisors. This has been RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 248 1 going on for four years that I've been -- the four 2 yours -- I was hired just after the model changed from 3 when the state provided these as direct services and we 4 started this privatization contract thing. So, it's 5 been -- it's been since the inception is the thing -- 6 the TA services have been weak in that area. 7 Q. Okay. And throughout all those times that 8 you have raised those concerns, in your mind, you 9 haven't seen any resolution or any kind of cure of the 10 problem? 11 A. No, the only -- I don't think it's ever 12 been -- it's not even address -- that's -- it hasn't 13 been addressed, to my knowledge. These -- you know, 14 it's a contract issue. 15 Abuses have been followed up on by 16 supervision and administration. Like, if they find out, 17 when it has come to attention, somebody has serviced a 18 child 18 hours in one day or something like that, which 19 isn't humanly possible, the thing is, of course, you 20 know, it has been looked into; but as far as overall 21 about the services that we're supposed to receive from 22 the agency in support of each of these hours that we're 23 paying for, I haven't seen anything. 24 Q. Okay. And then also getting to the issue of 25 the in-school consultations, you had stated that in your RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 249 1 review you thought that there were huge amounts of hours 2 that were just, obviously, too excessive; is that 3 correct? 4 A. Yes. 5 Q. What would be an example of an amount of 6 hours that was -- 7 A. You know, one of the -- like I say, you know, 8 you have a economic and clinical side to everything and 9 certainly cases, you know, are different but they're not 10 that different -- is you can use some common sense. 11 If the teacher asked for an exert to help 12 them, it might be a few hours the first month. I was 13 asked, "Is it okay that they would bill for more than 14 once in one day?" And the answer is "yes" because a lot 15 of our children -- most of our children we have in 16 special ed classes and in regular ed classes. And so, 17 the consultant might have to come by in the morning and 18 see one and come by in the afternoon to see the other. 19 So, you know, I mean, there are some things that might 20 look abusive that weren't. 21 But on an ongoing basis, I mean, you use 22 common sense. How often would a teacher be able to 23 utilize a professional to talk about a student in her 24 classroom? And you come up with a number -- what, maybe 25 once a week, an hour a week, a couple of hours a month, RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 250 1 something like that. 2 And I'll have cases that have come on my 3 caseload that the thing is the person is getting 30 4 hours a month and that means supposedly under our 5 standards they're spending 30 hours with that instructor 6 about that child and I've talked to the instructors. 7 That's what I do is I call up the school and 8 I talk to the SSC there and I talk to the teacher and 9 say, "Are you even the recipient of any of this?" And 10 they will tell me, no, they weren't. 11 And so, I -- as I explained earlier, I 12 followed through on it and said, "What was it being used 13 for?" And then we're back to the other problem. It's 14 being used in this therapist's mind to support the TAs 15 who were undertrained that were serving her child. 16 Q. Okay. But then had you not actually followed 17 up and done the actual review, is there any other person 18 in the hierarchy at your agency who would have also had 19 that review or would have caught that? 20 A. Well, as I said, I didn't receive it. I 21 received support in being able to reduce hours in the 22 case that I've cited -- is the thing is what I'm doing 23 is using it as an anecdote about how large that service 24 can be in place when it defies common sense that it 25 could be used in that way. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 251 1 Q. Okay. 2 A. It would have to be misuse somehow even if -- 3 even if -- you know, I mean, it's fraud on the one hand 4 if it's being billed and there wasn't any service or 5 aide provided to the child's case because of it; but on 6 the other hand, I think what more often happens is the 7 thing is it's being used for things other than what it 8 was intended for. 9 Q. Okay. Then moving on to the issue of the 10 medication monitoring, as I understand it, you said that 11 at times it's a bit over much because the actual 12 clinical visits tend to be with child psychiatrists and 13 neurologists who tend to look more for physiological 14 side effects or reactions rather than an actual 15 therapeutic measurement; is that correct? 16 A. That's exactly what I was saying. 17 Q. Okay. What is the obstacle to prevent us 18 from moving in this direction? Why haven't we started 19 looking at that? 20 A. Focus and prioritization is -- and also just 21 a full understanding, you know, of -- of school based 22 but also family based services is that it -- I -- once 23 again, I'll, you know, be redundant -- is that it -- 24 once again, if you empower parents -- it's good for them 25 to have their own doctor because the thing is they feel RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 252 1 like they're more in charge of what's going on when 2 they're at their own doctor versus the idea that they've 3 got someone whose qualifications are so specific to just 4 feel that they could never be challenged. You could 5 never say, "Well, I'm sorry, Doctor. I don't think the 6 Ritalin is working that well." I mean, you'll do that 7 with your family physician; but how are you going to do 8 it with, you know, a child psychiatrist? 9 Q. And as to the last issue you mentioned 10 regarding the intensive home care services -- 11 A. Yeah. 12 Q. -- you stated that -- I think, that by design 13 or by the -- your own standards, it's not really 14 supposed to go beyond 12 weeks because it's designed as 15 an intensive type of treatment? 16 A. Sure. I think -- I don't think we have to be 17 mental health professionals to understand that if you've 18 got someone inside the home making the decisions about 19 the behavior of the children and how the family relates 20 to each other, you can't go on for very long before it's 21 not going to have a positive effect. 22 Q. But in terms of the actual 12-week 23 quantification -- 24 A. I'm pretty sure that's the clinical 25 standards. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 253 1 Q. Okay. So, when you say clinical standard, 2 that means that that's what you would find in the 3 actual -- just regular scientific accepted -- 4 A. No, no. I'm not talking about best practice. 5 I'm talking about a book I got called Clinical Standards 6 that's made by CAMHD, by child and adolescent and mental 7 health. I'm saying we're out of whack with our own 8 policy. 9 VICE-CHAIR REPRESENTATIVE OSHIRO: Okay. 10 Thank you very much. 11 CO-CHAIR REPRESENTATIVE SAIKI: Thank you. 12 Vice-Chair Kokubun followed by Representative Ito. 13 VICE-CHAIR SENATOR KOKUBUN: Thank you, Chair 14 Saiki. 15 EXAMINATION 16 BY VICE-CHAIR SENATOR KOKUBUN: 17 Q. I've just got a couple of questions, 18 actually. I wanted to talk to you about your opinion 19 on -- or ask you your opinion about the transition of 20 school-based services and what -- how do you think 21 that's going to work out in terms of the DOE assuming 22 some of these responsibilities? 23 A. It has -- it has its positive points, 24 certainly. It does. It's got, I think, some of the 25 same problems we've had that aren't going to be in -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 254 1 much better except the fact that they're a new plan and 2 we all have hope for a new plan. It's just that I've 3 gone through so many plans. So, I'm going to be a 4 guarded optimist about the fact that a new plan is 5 always going to be a better one. 6 We had a problem with neutrality, I think, of 7 our assessments all along -- for example, is that when 8 we had agencies that provided other kinds of services 9 doing the assessments and making recommendations, they 10 were sure service chock full of recommendations; and 11 when they could refer to themselves or they could refer 12 to their agencies or they were building a pool, you 13 know, of children out there to be served, which, of 14 course, is good for the industry, I thought that their 15 neutrality was suspect. 16 I think the parents are going to feel the 17 same way about DOE, if they think they can have their 18 own employees do it. 19 And you're asking me how I feel it's going to 20 work. The thing is, I guess I'm already seeing a 21 pitfall I would hope we would sidestep; and that is hire 22 somebody neutral to do the assessments. The assessments 23 are so critical for the measurement -- for everybody 24 else, then, to put their team together to help, I think 25 you should just hire somebody like HMSA or somebody like RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 255 1 that that's never going to provide another service, can 2 never be affected in any other way with what their 3 outcome is, and have them do it. 4 Because being a DOE employee, I think it's 5 just fraught with weakness -- I mean, a DOH employee do 6 it. As far as having therapists on campus so that you 7 don't always have to have a meeting to have somebody 8 come down and make an intervention about a child that's 9 having a problem, that's really good. 10 Q. So, in your experience, now, do you think 11 your work -- I mean, the Department of Health -- my 12 understanding is the Department of Health will still 13 maintain some level of care, particularly for the 14 high-end -- 15 A. All we're going to have is the -- from my 16 understanding last, all we're going to have is the high 17 end; and we don't have the autistic children after July, 18 which compromised a large part of the high end -- in my 19 caseload, almost all of my caseload is autism. 20 Q. Okay. So, you -- your caseload, you're 21 talking about 15 or 20, I think it was? 22 A. Yeah, I have the preschools. I pick up the 23 children from zero to three from the early 24 intervention -- 25 Q. Okay. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 256 1 A. -- and try to make that ground -- that 2 critical time between three and six years of age 3 because, you know, that's like Arnold Schwarzenegger 4 said in Kindergarten Cop, "That's where the action is." 5 You know, if you've got -- you've got to move from three 6 to six; and that's what I try to do for a living, you 7 know. 8 Q. Do you think the transition to school-based 9 services will have an impact in terms of efficiency of 10 spending? 11 A. It would be really speculative on my part 12 because I don't really know what they do. I know 13 they've hired a lot of school-based personnel, and in 14 some ways -- and, as I've said, I think the immediacy of 15 the reaction -- the familiarity that they're going to 16 have is to have a fair -- is to have a kid in this 17 school, this school, this school, this school is going 18 to be an advantage -- is they're going to know their 19 neighborhood and the teachers and the administrators in 20 the school. Those will all be good things to have 21 school-based therapy on. 22 So, I think that part will probably work. I 23 think the identification is still a problem; but then, 24 yes, if we're brought in if it goes high-end, it's going 25 to take one-on-one support outside of school. Inside is RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 257 1 going to be DOE and one of the reasons they're taking 2 autism. 3 Q. How about specifically to your concern about 4 TAs, therapeutic assistants? 5 A. I don't know how the DOE is going to do it. 6 I've never been told how the DOE is going to take them. 7 All I've got to date -- I've got the date of 8 the 4th of July -- the thing is that my caseload and 9 those children are going to be the responsibility of the 10 Department of Education, but I haven't been told how 11 they're going to do it. 12 Q. I see. How are the -- how are the providers 13 responding to the transition to school-based services? 14 A. Well, they don't like it, for the most part. 15 It means that they're being replaced in what they're 16 doing by people in the school base, and anyone that has 17 confidence in their own career probably feels that they 18 do a lot better job than somebody else would. 19 But what they're afraid of is that they think 20 that -- you know, they think that their not being 21 employees of the state gives them a goal of pursuing 22 their ethical standards more than they feel state 23 employees will. 24 So, I've had providers tell me, yes, they're 25 suspect that if you're being reviewed for your promotion RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 258 1 by someone inside the Department of Education, then the 2 thing is you're pretty much going to carry water for the 3 Department of Education. So, that's what the therapy -- 4 that's what the providers are telling me. They think 5 that these people will not be neutral providers of 6 health care. 7 Q. We've already heard today about some examples 8 of the providers also not being exactly neutral and 9 aboveboard? 10 A. Yes, this is true -- is that -- I was really 11 more reflecting your question of what it is they're -- 12 what it is they're saying to me. 13 VICE-CHAIR SENATOR KOKUBUN: Thank you. 14 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 15 Vice-Chair Kokubun. Representative Ito followed by 16 Senator Buen. 17 REPRESENTATIVE ITO: Oh, thank you, 18 Mr. Chair. 19 EXAMINATION 20 BY REPRESENTATIVE ITO: 21 Q. Mr. Stewart, you know, this morning we had 22 people coming up and talking about MST therapy. Do you 23 folks utilize MST? 24 A. Yes, we did. I didn't. 25 Q. What do you -- what is your opinion on -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 259 1 A. You mean, the Continuum or the home based? 2 Q. Both of them. 3 A. Well, the Continuum is no more. It was a -- 4 from what I understand, the thing is the Continuum was 5 an attempt to follow through on the department 6 initiative to improve the best practice standards of 7 what we do in the state. 8 And so, what it was was it was an experiment. 9 We had a control group. You had to -- it was very 10 awkward for care coordinators. Of course, any 11 experiment is because, you know, you can -- you know, 12 who wants to be in the control group? I mean, nobody 13 wants to be in a control group. I mean, you know, if 14 you go down -- you have a problem. Who wants to be in 15 the placebo group? 16 So, yeah, it was disappointing because then 17 you had to recover it and go back the other direction 18 and say, "Well, we'll take good care of you anyway even 19 though that thing I got you all excited about you're not 20 going to be able to have." So, you know, I heard some 21 reports from care coordinators that they thought that 22 was kind of awkward, particularly now that it's come 23 back to us. 24 So, that -- I don't think it had -- you know, 25 I never did see an inherent -- an inherently good thing RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 260 1 or progressive thing for the kids in it other than what 2 its outcome was supposed to provide and the data that 3 they could analyze and then see what was working and 4 what wasn't working. 5 When it comes to home-based, like I said, I 6 pretty much concentrate with the little kids, even 7 though I do go to group supervision and peer review with 8 the other coordinators that have the older children that 9 would be appropriate for the home-based MST program. 10 It's something that's got to be done. I 11 mean, otherwise, you know, what happens is that 12 children -- you know, they even say they only have, 13 like, a 60 percent projected success rate because it's 14 so hard at that point to reach children. It's an 15 ecological paradigm, the thing is, to try to control 16 everything the kid does. 17 That means you're going to have to have a lot 18 of initial cooperation to begin with, which means it 19 works really well with the middle-class family that's 20 highly educated that has a problemsome child because 21 they can understand everything we're talking about. 22 They're going to be able to cooperate and have a desire 23 to on all levels. They won't have conflicts with their 24 own. 25 But, you know, it's unfair -- in society we RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 261 1 compare the costs of therapy to the costs of 2 incarceration; and what that leaves out is the cost of 3 victimization -- is all the people that got hurt along 4 the way by somebody before we finally locked them up. 5 And so, that's why to prevent that kind of behavior, I 6 mean, I'm all for it -- is that -- and I -- like I said, 7 taken as a caveat, the thing is that even they predict a 8 marginal success rate with it. 9 REPRESENTATIVE ITO: Okay. Well, thank you 10 very much. 11 THE WITNESS: Sure. 12 REPRESENTATIVE ITO: Thank you, Mr. Chair. 13 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 14 Representative Ito. Senator Buen followed by 15 Representative Kawakami. 16 SENATOR BUEN: Thank you, Co-Chair Saiki. 17 EXAMINATION 18 BY SENATOR BUEN: 19 Q. Mr. Stewart, I have a couple of questions. 20 Did you say that you attend the IEP meetings? 21 A. Yes, I do. 22 Q. You do? Okay. If there are disagreements 23 between the members of the IEP team in the kind of 24 services that should be provided for the child, what 25 happens then? Are there -- are there disagreements on RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 262 1 how long -- 2 A. Yes. 3 Q. -- is this period? 4 A. Yes, there are -- commonly there are 5 disagreements about what level of services is that -- 6 it's a very difficult spot for the care coordinator. 7 Excuse me. We're supposed to come up with a consensus 8 of some kind. 9 Q. So, when it's your role, how do you -- 10 A. Well, that's what you do. You try to use 11 your mediation skills to be able to get people to -- as 12 I'm sure legislatures do -- is to agree on what we can 13 agree on, so that we can put that in the plan and start 14 moving forward and then isolate what it is that we can't 15 agree on and hopefully, because we're in the stream of 16 progress of agreeing on all of the other things, the 17 thing is there will be enough give and take that 18 everyone's opinion can be considered and a plan can be 19 constructed. 20 But, see, that's the problem with when you're 21 making, you know, soup like that is that the services 22 need to be targeted clinically towards what best 23 practices tell us will be successful for the child. 24 You're not supposed to put together a service plan that 25 makes everybody in the room happy. That's not the RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 263 1 point. 2 The point is not to make the advocate happy, 3 the lawyer happy, the teacher happy, everybody else. 4 The point is putting together a plan that will work. 5 And there has to come a point where you have to call 6 their bluff on the whole thing is -- for four years, 7 I've said when it comes -- when push comes to shove when 8 there's a violation of what I know is clinically in the 9 best interest of the child -- is I'll say, "Well, then I 10 guess we have to go to mediation or hearing"; and I've 11 never gone in four years. 12 Q. Do you have any -- any of these teams that 13 have gone on for a long, long time and for -- what is 14 the longest period that you've -- 15 A. Senator, you're identifying a very crucial 16 point is that I don't let them become trials of 17 ordeal -- is that -- and, generally, I have 18 administrators from the school support on that now as 19 we've all learned the Felix system is -- I had a 20 principal at Ala Wai Elementary -- God rest her soul. 21 She just passed on. But she had a rule that the thing 22 is an IEP was one hour with ten minutes for the 23 conference notes. And she ran it like a train. And for 24 the most part, you could get just as much progress done 25 in that one hour if everybody knew they only had one RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 264 1 hour than the idea that people could constantly revisit 2 issues until they finally wore you down. 3 I won't do it. And, yet, yes, I have heard 4 of cases and know of cases in my offices where they've 5 had six-, eight-hour marathons in there trying to reach 6 consensus. 7 Q. Okay. 8 A. You have to be -- it's not effective. You 9 have to reconvene. 10 Q. Okay. My other questions are to the area of 11 the TAs. 12 A. Uh-huh. 13 Q. Did I hear you say that we can get -- you 14 know, the agencies that are out there, do you feel that 15 the TAs can do a good job or -- without the agencies? 16 A. I think they are -- is because as I've 17 explained is even though the -- 18 Q. Do you -- 19 A. Go -- 20 Q. Did you say that we can cut out the middle 21 person, that that would be the agencies? 22 A. I believe so, Senator, because I'm already, 23 as I've explained, paying for the training of these 24 people so that they can be qualified TAs in a system 25 that makes the agencies training costs superfluous. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 265 1 It's not existent. 2 Q. Do you feel that it would be cost effective 3 for the state -- or I don't know if that's the right 4 term to use -- to train the TAs and do away with the 5 agencies? 6 A. Boy, it's going to be rough for me to get a 7 TA here pretty soon, isn't it? But the answer is yes. 8 Q. So, do you feel that the division has the 9 people to -- enough people to train the TAs? 10 A. I must say I'm not saying they're being 11 trained by a division -- is even though division might 12 have that academic muscle, I don't know what they have 13 hidden in personnel, but -- 14 Q. Do you have any ideas? 15 A. -- I do know that my aide -- my therapists 16 are doing it now; and, yes, I know that there are some 17 principal therapists in autism, for example -- usually, 18 TAs, they divide them into two groups, the ones for PDD 19 autism and the ones for behavioral problems. Those are 20 your two biggies, and that's how they're trained. 21 And on the autism one, yes, we could put 22 together a few of the autistic experts, even with a 23 couple of national caliber guys, and have trainings for 24 them and still come under, I believe, the price we're 25 paying the agencies. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 266 1 Q. Okay. And this would be for statewide? 2 We -- we're talking about statewide? 3 A. You would have to do it statewide. 4 Q. Including Molokai and Lanai? 5 A. Yes, yes, ma'am. 6 Q. Thank you. The other question that I have 7 is: Is there a way for your division -- or is there 8 a -- is there something in your division that is now 9 being used to measure the services and purposes and what 10 was paid? Is there some kind of a program that you have 11 to measure the services and what was paid? 12 A. Do you mean against a standard of the amount 13 dollar-wise against whether or not your case is in some 14 sort of excess? I don't know if I fully understand your 15 question because I don't do the fiscal tracking. 16 Q. Do the agencies -- do the TAs -- or is there 17 some kind of program that the division has of what were 18 the services provided and what was paid to the agencies, 19 to the TAs -- is there some kind of program that you 20 have? 21 A. I don't know of one. I don't -- I still 22 don't fully understand. 23 Q. How do you -- how does a division measure 24 what was paid out? 25 A. Well, the division has the -- we send out RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 267 1 service authorizations to the agencies; and the thing is 2 through the MIS system, our computer system, when 3 they're authorized -- and the thing is that data becomes 4 available to, of course, CAMHD and all the directors. 5 So, they would know what was going out. They know how 6 much is paid. They know how much is paid every month. 7 Reports like that are manufactured. Quarterly reports 8 are sent to the parents telling them the dollar figure 9 and all the services that are provided. So, that data 10 is available. 11 Q. That's available? 12 A. Uh-huh. 13 Q. Okay. So, we can get a printout of that? 14 A. Yes, you can. 15 SENATOR BUEN: Okay. I have no further 16 questions. Thank you. 17 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 18 Senator Buen. Representative Kawakami followed by 19 Senator Sakamoto. 20 REPRESENTATIVE KAWAKAMI: Thank you very 21 much, Co-Chair. 22 EXAMINATION 23 BY REPRESENTATIVE KAWAKAMI: 24 Q. Mr. Stewart, I wanted to follow up with a 25 question I had asked Dr. Gardiner; and that was: On the RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 268 1 IEPS, okay, let's say at a certain time there's some 2 children that you see that might be able to exit the 3 program. 4 A. Right. 5 Q. Is that possible? 6 A. You mean, do children age out or finally 7 matriculate out of services? Because they do. I -- we 8 have cases that, yes, go from high to low end. 9 As a matter of fact, the -- just this week I 10 had an autistic case go from high to low end that most 11 people would think, just by definition and diagnosis, 12 could never happen; but it turns out that the child has 13 mild autism and the school, Lunalilo, thinks they can do 14 without any TAs. 15 So, the thing is they told me you're going to 16 get rid of the TA about a month or so ago; and we had to 17 reassign him someplace else. And then they -- the thing 18 is that they didn't need our intensive in-home anymore 19 because the parent felt she's learned everything that 20 she needed to know about it. So, now, the child's -- 21 they're trying to reach this child through their 22 specialists at DOE at Lunalilo. So, yeah, it can 23 happen, yeah. 24 Q. Okay. Well, that's what I wanted to know. 25 So, there is that kind of thing happening? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 269 1 A. Yes, there is. 2 Q. And -- 3 A. More in the -- of course, in that 4 diagnosis -- that diagnosis is a bit more stubborn PDD 5 autism is the -- a fewer of those will be able to reach 6 independence than the other high-end children we have, 7 say, for the ones, like I said, that are adolescent 8 because they're really -- they're also very intractable. 9 So, it's very hard to turn them around, too. 10 So, it's kind of like you're behaviorally 11 disruptive kids that I -- you know, the four-year-old 12 that will choke the little girl in school with her -- 13 and the thing is, of course, her parents aren't real 14 thrilled about him choking their little girl. 15 And so, he ends up having to go to a day 16 treatment program for a few months, one of the ones that 17 we run; and they do work on his self-control and on -- 18 you know -- and when they're little like that, you know, 19 it's real possible; and the child comes back. And the 20 thing is it's no longer considered behavioral disruptive 21 and is no longer considered a high-end child. And we 22 have some problems in the future, but he just needs to 23 go to a counselor like anybody else. 24 Q. Well, do you have another IEP? 25 A. Yeah. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 270 1 Q. Okay. And that -- and he said it's done once 2 a year, yearly. 3 A. No, it's whatever is called for. It has to 4 be done annually. That's federal law. Any time you get 5 together to change anything substantive, the thing is 6 you need the school on board. The DOE is the dog. 7 We're the tail, you know, that they ride. We're the 8 related service -- is the thing is if the school isn't 9 the one that's calling for our help, then, you know, 10 there's no bells going off. 11 So, we don't call IEPs typically. Typically 12 what we do is we inform the school that mental health 13 feels that a meeting needs to be called; and they'll 14 call it or the parents will. 15 Q. Okay. 16 A. And if the therapist wants it done, they know 17 they're smart enough, you know, to tell the parents to 18 call. 19 Q. Okay. Well, what I was trying to get at is 20 if, you know, you have children that you can see that 21 they -- they have accomplished -- 22 A. Yeah. 23 Q. -- moving on and so forth that they -- you 24 don't wait for the IEP to come up. 25 A. No. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 271 1 Q. You call it -- 2 A. No. 3 Q. There's things that -- 4 A. The therapist gives me a month -- remember -- 5 well, maybe you don't know. The therapist gives me a 6 monthly report. And at the bottom of every one of 7 them -- the department is very insistent about this on 8 any services. You're supposed to have a discharge date; 9 and, you know, the thing is that they also work in 10 percentiles which sometimes is kind of ludicrous because 11 they'll tell you the child is getting 10 percent better 12 every month and we've had him for two years -- 13 Q. Right. 14 A. -- which means he's 240 percent better now. 15 Yeah, I know. So, that -- you know, that doesn't work 16 out all that well; but usually out there -- the thing is 17 the therapist is the one that's going to tell me that 18 they want to discontinue services. 19 Q. Now, I've heard this phrase a couple of 20 times. Children are overmedicated in the schools. 21 What's your opinion -- 22 A. No, I don't believe -- 23 Q. -- as a social worker? 24 A. As a social worker, the thing is I don't -- I 25 believe that's a generalization. That's really not RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 272 1 founded. I think that our medication monitoring and the 2 medications that we have -- I've said the thing is I 3 think we have a great deal of oversight onto that issue. 4 So, if you're talking -- but, see, when it 5 comes to medication, you know, your question is -- query 6 is kind of interesting. On the one hand, you might have 7 medications that are being given to kids that's going to 8 have a negative physiological effect on them. No, 9 because the thing is we've got so many neurologists and 10 psychiatrists, I don't see how in the world that could 11 possibly happen. 12 Q. Uh-huh. 13 A. On the other hand, the thing is when the 14 child's behavior becomes controllable, is there an 15 aggressive plan to reduce the medication so that we can 16 see if the child can continue to maintain an acceptable 17 level of behavior without the support? I don't think 18 we're doing enough of that. 19 Q. Uh-huh. 20 A. Yeah. So, I've got some quiet kids that I 21 think, you know, maybe shouldn't be so quiet -- is the 22 thing is maybe there is a bit too much control because 23 that means they fit into the DOE classroom, and everyone 24 on the team supports it. 25 Because when the social worker speaks up and RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 273 1 says, you know, well, now, we're going to have to see 2 what we can do to reduce that kind of medication, most 3 people say, "Why in the world do you want to fix 4 something that's not broken?" 5 Q. Uh-huh. 6 A. But the reason is the effectiveness of the 7 medication tires after time anyway. So, if you want 8 that magic bolt, you can't use it all the time because 9 otherwise later when puberty or something else happens 10 and this kid who has a different nervous system than you 11 or I do needs a little bit of help, you want to make 12 sure you haven't burned out the one have -- the one 13 thing you did have going for you. 14 Q. So, that check is done how often, as far as 15 you know? 16 A. Medication monitoring for duress, like I 17 said, it's done monthly. As far as whether or not the 18 child's behaviors have stabilized so that it can be 19 reduced, once again, I think that whose -- whose 20 interest that's going to be in, for the most part, will 21 be the family doctor. And that's why I want the family 22 doctor back in the loop because the family doctor is 23 going to be the one, like I said, that's going to be the 24 buffer or the filter between the parents and the 25 parents' concerns. The parents are concerned. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 274 1 I went to a DOE meeting one time, and the DOE 2 spoke up and they said they just didn't understand why 3 these parents got all these radical ideas about Ritalin 4 and stuff. And I said, "Well, your community college 5 out at Kaiser where I live has two classes on" -- "that 6 adults can take on the dangers of Ritalin. So, where do 7 you think they get this information" -- is the thing is 8 that these are common concerns. 9 Q. Uh-huh. 10 A. And that's why they need to talk about it 11 with someone that they trust that's going to remain in 12 their child's life; and that's the family doctor. 13 Q. Thank you. On the therapeutic aides, you 14 were talking about -- let's see. Does it have to be, on 15 psychotherapy, one-on-one all the time -- 16 A. It does not have to be one-on-one all the 17 time. 18 Q. -- with the students with the children -- 19 A. No, on the -- 20 Q. -- working with them one-on-one? 21 A. No, that's the exact term, Representative, 22 that has to be used in the IEP is one-on-one support. 23 Now, one-on-one support, when promised in an 24 IEP, can take different forms and, see -- and that's 25 what I try to work towards is you can either have an RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 275 1 EA -- an educational assistant can be assigned to the 2 classroom to help the teacher out because she's got some 3 special ed kids that we're trying to mainstream. That's 4 not one-on-one. That's called an EA. 5 But they do have a PPT, a paraprofessional 6 trainer, I think it is; and that's a one-on-one support 7 for a child that really just needs constant prompts to 8 be able to have an education. It's only if they're 9 having a behavior that exceeds just having an attention 10 span problem that -- and that is only true of PDD 11 autistic kids, that the department will allow the TA to 12 be put into the classrooms. 13 Typically those children early on need a TA 14 all the time. When they get older and have gone through 15 the critical time of junior high school transition -- 16 because you have to move around in classes and you have 17 different teachers and all that stuff. When they get to 18 that point where they get a little bit more settled down 19 in high school, then, things like art or library or 20 those kinds of things, they can program without 21 one-on-one support. 22 Q. Okay. I understand that. Let's see if I 23 have anything else. 24 REPRESENTATIVE KAWAKAMI: I guess that's all 25 for now. Thank you very much -- RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 276 1 THE WITNESS: Thank you. 2 REPRESENTATIVE KAWAKAMI: -- Mr. Stewart. 3 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 4 Representative Kawakami. 5 We would like to take a very short break so 6 that our court reporter's hands don't fall off. 7 THE WITNESS: I appreciate -- I can hear her 8 going away the whole time. 9 CO-CHAIR REPRESENTATIVE SAIKI: We'll have 10 recess for five minutes. 11 THE WITNESS: Thank you. 12 (Recess from 3:48 p.m. to 3:57 p.m.) 13 CO-CHAIR REPRESENTATIVE SAIKI: At this time 14 questioning by Senator Sakamoto followed by 15 Representative Leong. 16 EXAMINATION 17 BY SENATOR SAKAMOTO: 18 Q. I heard you say three to six -- is that your 19 primary responsibility area? 20 A. For the most part, most of my cases are. 21 Probably 75 percent are defined by saying that they're 22 less than eight years old. 23 Q. Okay. In that area, you talked about the 24 soup. So, there's a best practice menu cookbook on what 25 ingredients you put in to get the right formula, so to RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 277 1 speak, not to dehumanize the people but in a mix of 2 providers, mix of -- 3 A. Just like medical practice, there's certain 4 things they try first because it usually works. 5 Q. As of this point, you have a cookbook menu 6 that -- well, for the age group that you're working 7 with? 8 A. Not really. 9 Q. Okay. Is it being developed? 10 A. There's -- there -- yes, there's a best 11 practices model that's being developed that the -- like 12 I said, a part of the research effort on the 13 department's part was to look at the literature that had 14 control groups; and from that, they've come up with 15 kinds of therapy, not necessarily amounts but kinds of 16 therapy. 17 Q. Okay. So, it's more tried as opposed to 18 evidence based in the current practice? 19 A. Yeah, I think that's true of the field. 20 Q. But it's moving more towards evidence based? 21 A. It's moving more towards evidence-based 22 services. 23 Q. Okay. In the IEP process, you know, you 24 talked about people changing and, you know, thank God 25 people progress from, you know, high end to low end. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 278 1 A. Right. 2 Q. In the IEP, are there "if then" sort of 3 statements that if Johnny progresses from here to here, 4 then we'll progress with doing this, if he goes down, if 5 goes up? Are there enough "if then" statements so that 6 you don't have to reconvene an IEP as opposed to letting 7 current course of events run for 18 weeks until 8 everybody gets together and changes course? 9 A. That's a -- a very primary question, Senator, 10 is -- I wish that we could -- I try to be as successful 11 as I can be in doing that, in trying to build objectives 12 that have time dates that when those time dates happen, 13 then changes in the services are recorded in the 14 conference notes of the IEP, so that it can progress to 15 the next stage without having to be reconvened. 16 Q. Uh-huh. 17 A. It's hard to predict the full match of 18 services in the future. So, I end up having to go to 19 IEP meetings to redesign them far more often than I want 20 to, you know, far more often than a lot of times I think 21 should be necessary because that's because I -- you 22 know, I'm getting better and better at constructing the 23 language that you're talking about so that we don't have 24 to meet as frequently. 25 Q. My hope is the process -- what I hear RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 279 1 sometimes is the process gets in the way of the changes 2 that are needed? 3 A. That's true because when you -- if you are 4 just following the plan -- okay. All -- most plans are 5 not going to be 100 percent successful, okay. So, if 6 you're following a plan that is evidentiary pretty 7 successful to 80 percent and you just want to move on 8 into phase two, you don't want to reconvene and have 9 everybody revisit their position about what service they 10 advocated for at the last meeting and trying to pin the 11 tail on the donkey by saying, you know, if you had done 12 what I told you, the thing is the child would be a lot 13 better now. So, it has to be -- it's a puzzle of many 14 pieces. 15 Q. What needs to change? Is it our rules on IEP 16 or what needs to change to allow professionals and 17 people who are knowledgeable to be able to help the 18 child soon? 19 A. Well, the thing is -- is that what 20 constitutes an IEP, I think, could -- you know, which is 21 properly federal law, could probably be cut down. I 22 don't know if we have any control over that because you 23 have to have an administrator, the special education 24 teacher, and a regular education teacher at every IEP 25 meeting that you have. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 280 1 In cases that are active, there's probably 2 not a lot of consideration on the -- on the academic 3 level to tie down these teachers constantly out of their 4 classrooms to be able to meet. So, we ought to be able 5 to have the mental health treatment team, which is the 6 therapists and the guardians, be able to make more 7 decisions away, I think, from having to have the full 8 body of the DOE there at every step of the way. 9 Q. So, maybe -- 10 A. It's kind of second-guessing in a way at that 11 point when, the thing is, you start asking educators 12 what do they think the next component of a mental health 13 treatment plan should be rather than just focusing on 14 what they should be telling us, which is what's wrong 15 with Johnny and how well is Johnny doing now? 16 Q. So, maybe it's an initial IEP and maybe a 17 Stage 2 IEP which is three of the eight people or 18 some -- 19 A. I think you could -- yeah, I think at one 20 point -- the thing is when it came to high-end services, 21 I remember years ago we pretty much had it that way on a 22 practical level -- is that if we were going to tinker 23 with anything inside the school day, then, of course, we 24 had to meet with DOE. It's their store; but if we were 25 talking about increasing respite hours because the RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 281 1 mother had the flu, you know, and couldn't take care of 2 her ADHD autistic child or whatever, then, the thing is 3 we didn't think we needed to take teachers out of the 4 classroom to be able to make a decision like that. 5 Q. Okay. And changing the subject -- 6 A. Sure. 7 Q. -- I guess earlier, Dr. Gardiner, I believe 8 was -- talked about Loveland being the only day 9 treatment center. I did visit Kalani School and that's 10 not in your complex area but isn't that a day treatment 11 that -- option to Loveland? 12 A. I'm not real familiar with Kalani. 13 Q. Okay. 14 A. I know that in our complex and our district, 15 I believe the only day treatment program for autism is, 16 I think -- yeah, I think Loveland's got the ball. 17 Q. Okay. 18 A. The -- CARE has a seed program that on the 19 biopsychosocial, for example. I believe CFS does, too. 20 There's some managed competition there; but for the day 21 treatment, I'm pretty sure that's true. But I don't 22 have any children in. 23 Q. At least in your area, that may be the only 24 one? 25 A. In my area -- my experience with Loveland is RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 282 1 very small -- is that I've placed one child there in a 2 biopsycho -- God, it's a long word -- social program. 3 He was a gifted child, had an IQ of, like, 145 but was 4 illiterate; and it turned out we had to get diagnosis 5 about dyslexia and stuff. 6 But during that time, we wanted to do 7 something about his self-esteem because he was becoming 8 violent. I mean, of course, if you have a violent kid 9 you can't reach, it would be really frustrating. Once 10 again, you don't have the mental health expert here. 11 So, we tried to get him some challenging 12 curriculum in that program for a few months after 13 school. Then after we got a handle on the learning 14 disability things, I took the kid out of Loveland. So, 15 I only used it once. 16 Q. A kind of final area of questions: Who kind 17 of does the indicators, in other words, like learning 18 progress, you know, one to six, one being poor and six 19 being good -- who starts to periodically say, you know, 20 Johnny was two. Now, he's -- 21 A. Right. 22 Q. -- three -- 23 A. Well, two different measurements are made. 24 Two kinds of measurements are made simultaneously. DOE 25 is always working on the IDEA on what they call the RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 283 1 PLEP. It used to be the PLOP. The PLOP was Present 2 Levels of Performance, but somehow that wasn't good 3 enough. So, we went with PLEP, which is Present Levels 4 of Academic Perform -- Educational Performance. 5 Actually, I know my E's from my -- it's Educational 6 Performance. 7 That measurement is -- there is -- they 8 actually draw a picture of the child's progress in multi 9 dimensions. So, they try to graph it out so that you 10 can see the trajectory of the case as to whether or not 11 it's going up or whether or not it's going bad or 12 whether or not you've got pretty much a flat line. 13 I also do quarterly measurements on the 14 children. I do what's known as a KALOCS -- or CALOCS, I 15 guess, because it's California Level of Care Systems, 16 something like that, and the CAFAS, which is Child and 17 Adolescent Functional Assessment System, I think. Both 18 of those measure -- even though a lot of times they're 19 limited to reports I receive, but they measure how the 20 child is doing at home, how they're doing in school, how 21 they're doing in the community, if they're starting to 22 use drugs and stuff like that so we can have some check. 23 And after every three years -- you know, 24 after a year or so involvement, which would not be 25 unusual for a high-end child, the thing is you should RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 284 1 have some points in time. So, the thing is you can 2 start being more evidence based; but the schools 3 pretty -- should be pretty -- you know, I mean, that's 4 their day-to-day thing. You couldn't teach without 5 measuring. That's why we often have those tests all the 6 time. 7 Q. Okay. So, now, you're doing your CALOCS and 8 CAFAS and we're doing the PLOP or PLEP -- 9 A. Yeah, that's it. 10 Q. -- or whatever else. As the system has 11 started to transition -- and, obviously, not everybody 12 transitions over -- how are you working together with 13 the school in the way you've been tracking outcomes to 14 help them receive people based on your CAFAS and CALOCS, 15 et cetera, et cetera? 16 A. Well, those -- what those measurements do is 17 in an aggregate sense when you -- you know, when you 18 look at the -- you know, all the kids that we serve, it 19 becomes a meaningful measurement against what kinds of 20 services you've -- that we've been providing the kids. 21 Q. DOH type? 22 A. Yeah, DOH and DOE -- DOH means -- what I'm 23 talking about is what direction we need to go on that. 24 And so, it's -- but on the individual case, okay, is you 25 can't be dependent on the tools of measurement of RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 285 1 things. You have to have good lines of communication 2 between all members of the team. You have to be talking 3 on a regular basis with the therapist, not just be 4 dependent on the monthly report. You've got to be going 5 by and making school observations with the child and 6 talking with the teachers to see how they're doing. You 7 have to be calling the parent on the phone -- usually 8 they don't want you to come by their house, which I 9 don't -- you know, I don't blame them; but, you know, 10 you can meet them at Starbucks. You can meet them 11 somewhere, you know, so, the thing is, they can talk to 12 you about the progress of the child. That's how you're 13 going to make decisions on a case-by-case basis. These 14 measurements are just to show the big picture about 15 where we're going and where we need to go. 16 Q. So, those are not as individual. They've 17 more -- 18 A. No, you're talking to people every day as how 19 it is that -- you know, guys work together. You hold 20 each other's hands -- is the thing is you're supposed to 21 be a team on -- we're all supposed to be -- you know, we 22 got so many adults together. We're all supposed to be 23 so smart. The kid doesn't have a chance, you know. 24 He's going to have to get better. 25 Q. Well, what measurable outcomes can people who RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 286 1 aren't in the small discussion look at to say "good 2 job"? 3 A. I guess that would be those kinds of 4 indices -- is the thing is they would be looking at what 5 we do on our case loads instead of trying to find that 6 particular point in the case that's made the difference. 7 It's awful hard to tell sometimes. 8 Q. Okay. Well -- 9 A. Yeah. 10 SENATOR SAKAMOTO: Okay. Thank you, Chair. 11 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 12 Senator Sakamoto. Representative Leong followed by 13 Representative Marumoto. 14 REPRESENTATIVE LEONG: Thank you, Chair 15 Saiki. 16 EXAMINATION 17 BY REPRESENTATIVE LEONG: 18 Q. Mr. Gardiner -- Mr. Stewart, rather -- excuse 19 me. It's getting a little bit late there. 20 A. Yeah. 21 Q. Mr. Stewart, I -- when you were queried about 22 excessive spending and you indicated about the 23 medication monitoring -- 24 A. Yes. 25 Q. -- and you felt that maybe that we should RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 287 1 have the family doctor be sought -- being sought more 2 than the specialist -- 3 A. That's correct. 4 Q. -- who makes that determination? And it's 5 once a month and you said it was like an overkill. 6 A. I think so, not -- I think so, 7 Representative, based on the fact that, as I told you, 8 my present and my formal clinical director, who are 9 psychiatrists, supposedly are going to give me the 10 straight story rather than, you know, dissolute me -- is 11 that they -- that the family doctor is the one that 12 should be brought more into this loop. 13 And I don't believe the department disagrees 14 with this position because, obviously, they're being 15 informed of it by their employees, like, their clinical 16 directors. It's just that I think that we need to move 17 with more haste in that direction because it is a waste 18 of resources to have a specialist see someone for a 19 condition that doesn't require a specialist. It also 20 inhibits good family practice for the family doctor not 21 to be the one that's being informed about what's going 22 on. Because, like I said, I think they represent the 23 parents better because they're the family's doctor, not 24 just the child. 25 Q. So, you see this as a practice that is RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 288 1 forthcoming very soon? 2 A. No, I don't see steps to make it -- coming 3 very soon. 4 Q. Oh, okay. Well, my next question has to do 5 with intensive home care; and we talked about a 12-week 6 period. Could you elaborate a little bit on this home 7 care period? 8 A. Well, the -- it's supposed to be in -- the 9 reason that they use the word "intensive" is the thing 10 is it's supposed to be, you know, a lot -- is it means 11 that really pretty much these people show up when Johnny 12 gets out of school and the thing is they stay with the 13 parents all the way until they go to bed because they 14 say, you know, he won't go to bed. He stays up and 15 watches TV. 16 They say, "Well, why don't you tell him to?" 17 "Oh, because then he'll have a tantrum and 18 he'll break something, you know; and then my husband 19 yells at me. And so, I just don't do it. I just let 20 him stay up." 21 And you go, well -- then he falls asleep in 22 second period at school; and the thing is the teacher 23 goes, "Well, you know, I can't teach an unconscious 24 student." So, sometimes it's just as basic parenting as 25 that. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 289 1 REPRESENTATIVE LEONG: Thank you. That's the 2 end of my questions. Thank you, Chair. 3 CO-CHAIR REPRESENTATIVE SAIKI: Thank you 4 Representative Leong. Representative Marumoto? 5 EXAMINATION 6 BY REPRESENTATIVE MARUMOTO: 7 Q. Another question regarding the excessive 8 spending. On school consultation -- 9 A. Yes. 10 Q. -- you said something about the TA not 11 spending that much time in school. You're not seeing 12 them spending -- 13 A. No. 14 Q. -- that much -- 15 A. My point was that I did not see the 16 supervisors of the TAs from their agencies ever make a 17 campus visit to see their people do their job. 18 Q. And that is a cost driver? Is that -- 19 A. That's part of what we pay the agencies for 20 and, yet -- so, there's -- it's a double whammy. On the 21 one hand, I've been told by Special Counsel it can be as 22 high as $30 an hour; and with -- the person that's 23 receiving it is only getting 15, which means for every 24 hour that student has a one-on-one, that agency gets 15 25 bucks. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 290 1 Q. Uh-huh. 2 A. And what do we get for that? Supposedly 3 supervision and training and clinical oversight, and we 4 don't get any of that. 5 Q. Uh-huh. 6 A. So, of course, that's a waste; but then the 7 double whammy is then I end up having to pay therapists 8 to do school consultation work to be able to take over 9 that responsibility and train the TA so they can meet 10 the needs of the child. 11 Q. Uh-huh. 12 A. So, I get ripped off the first time because I 13 paid for something I don't receive. Then I get ripped 14 off the second time because I have to pay for something 15 to take care of what it was I didn't receive because I 16 still needed it. 17 Q. Okay. Thank you. I think I have a better 18 understanding of that now. 19 REPRESENTATIVE MARUMOTO: Thank you. 20 THE WITNESS: Sure. 21 CO-CHAIR REPRESENTATIVE SAIKI: Thank you, 22 Representative Marumoto. Co-Chair Hanabusa? 23 EXAMINATION 24 BY CO-CHAIR SENATOR HANABUSA: 25 Q. Mr. Stewart, I just have a few questions. In RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 291 1 the four years that you were part of the Diamond Head 2 branch of the Department of Health, were you ever aware 3 of an audit being performed on Loveland? 4 A. I was told that that was -- I was told 5 recently by Dr. Gardiner the thing is is that there was 6 an internal audit of Loveland. That was weeks ago. 7 Q. Before that, were you ever aware of one? 8 A. No. 9 Q. Were you ever aware of any complaints against 10 Loveland? 11 A. Yes. 12 Q. And that -- when did it start in your four 13 year -- 14 A. I think from the beginning. 15 Q. From the beginning? 16 A. Yes. 17 Q. Was it from fellow colleagues? 18 A. Yes. 19 Q. You said you've only placed one. 20 A. I've only placed one, but the thing is I've 21 had -- I believe I've -- yeah, I've -- half a dozen of 22 my colleagues who have had placement responsibilities 23 have reported problems with the placement at the agency. 24 Typically it's issues like, you know, accountability. 25 Q. And who did they make these complaints to? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 292 1 A. Everybody. 2 Q. In your four years -- 3 A. Excuse me, if I could embellish, Senator. 4 Our Q and -- we have a Q&A staff. We have a couple of 5 individuals that at least at one time were fielding 6 complaints. They had received so many is the thing is 7 that became one of -- I know one of their higher 8 priorities was just sifting through the complaints. 9 Q. Okay. During your four years, has Mr. Drews 10 been your branch head? 11 A. Yes, he has. 12 Q. Were you ever aware of whether Mr. Drews was 13 made aware of the complaints against Loveland? 14 A. Oh, I'm sure he was. 15 Q. Did Dr. Gardiner raise his concerns with you 16 prior to you hearing them today? 17 A. Yes, I've heard them in group supervision, 18 which is where Dr. Gardiner -- that's the appropriate 19 forum for it -- is the thing is he reviews what he 20 thinks are problems and our being able to overcome these 21 barriers so a kid can get an education; and I know that 22 he's had some problems with Loveland. 23 Q. What happens to your students after they turn 24 six? You said you kind of take them until six. 25 A. What happens is I have elementary school. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 293 1 So, they got a little older than six. What I meant -- 2 three to six, that in the literature, that's the time to 3 really target autistic PDD kids. That's the time where 4 you put in lots and lots of services because the thing 5 is that they're wrapped quite a bit of the day because 6 that's the time where we can offset that kind of 7 disability, that processing problem. 8 Literature supports that. The thing is don't 9 be afraid of spending money and resources on them from 10 three years old to six years of age. And then what 11 happens, of course, you get less of a -- you get a 12 marginal return. And you get less of a bang for your 13 buck. And if you haven't identified them in that early 14 period, you may never be able to successfully offset it 15 to the degree that we expect it to be offset it. 16 When people ask me about autism, they'll say, 17 well, you know, Mr. Stewart knows a lot about it. I 18 know a lot about what we know about autism. What we 19 know about autism is not a great deal, but we do know 20 that. So, that's why I've clustered in the elementary 21 schools. That's what happens. When they graduate from 22 elementary school and they go to junior high school, I 23 lose the case. 24 Q. You lose the case? 25 A. Yeah. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 294 1 Q. Now, during this three to six period -- 2 you've only placed one in Loveland and -- 3 A. He wasn't even an -- an autistic child 4 either. 5 Q. He was an exceptional child? 6 A. He was an exceptional child who could not 7 read or write. 8 Q. Now, what Dr. Gardiner seemed to say is that 9 Loveland is the only game in town for high-end needs 10 like autism. So, what -- where are you placing your 11 children if you're placing them anywhere? 12 A. That's a good question is that I don't -- I 13 don't place them in day care programs. What I do is I 14 support the schools in being able to take care of them 15 in fully self-contained classrooms. I do utilize 16 biopsychosocial program. The one I utilize is the seed 17 program out of CARE. And I think that the therapists 18 and the families are generally pleased with it; but, 19 once again, I can't put a kid in there unless I put a TA 20 in and the TA is supposed -- that's service is already 21 being compensated, I believe, by the agency because they 22 told me -- it's transitionary is -- when you place the 23 kid here, could you give us the TA for the transition; 24 and the transition just never is. 25 Q. So, you use CARE? RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 295 1 A. Yeah. But I don't use day treat -- I don't 2 use day care at all. 3 Q. Right. 4 A. I'm using this as an after-school program to 5 try put another pack in there to try to get these kids 6 moving when they're that young. 7 Q. Any other provider? 8 A. Not for biopsychosocial services. CMS is way 9 out on Weaver Road or something like that. So, I don't 10 use them. 11 Q. One last question, you said therapists and 12 campuses, of course, where the DOE model is moving to -- 13 I didn't get a sense from you whether you felt that was 14 good or bad. Do you have an opinion? 15 A. I think for them to be on campus is good, and 16 I thought I had said -- or I'll certainly repeat what I 17 think is good about it is I think it's good that the 18 therapist works with the teachers and the administrators 19 so that it's their school, you know, so you have that 20 kind of pride and cooperation about the fact that you're 21 Kaiser or whatever you are rather than the fact that 22 you've got these people coming in, these -- you know, 23 these experts from someplace else which are sometimes 24 resented, you know, when you -- you know, this is your 25 school. It's your classroom, and some -- a lot of times RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 296 1 I'll have teachers that don't like the 14101 that they 2 get, let alone -- the thing is not be asking for a bunch 3 more because they feel like they're being talked down 4 to. And so, I think the intimacy and familiarity of 5 having the people on campuses is a good thing. 6 Also, reaction time -- Senator Sakamoto's 7 point about do I have to call an IEP when Johnny, you 8 know, loses it in the classroom to be able to suggest 9 some more or other kind of intervention. And if you had 10 somebody there at the school, no, you wouldn't. 11 The only -- the one thing I did say about it, 12 though, on the downside was that since they -- if they 13 intend on having assessments done by DOE personnel, the 14 charge will be made -- the thing is since they don't get 15 paid anymore for taking any more kids, that they're only 16 going to have as many problems as they have hours in the 17 week. 18 Q. One follow-up question, you've basically said 19 that your high-end autistic children, which is primarily 20 what you deal with -- 21 A. Yes. 22 Q. -- you have them in the contained classroom? 23 A. Fully self-contained classrooms. 24 Q. So, what happens -- or do you know what has 25 happened to your children after they've left you? Like, RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 297 1 have some of them gone into Loveland after that or have 2 they been able to be maintained in classrooms within the 3 DOE system? 4 A. I don't know of anybody that wasn't able to 5 be maintained in the DOE system. 6 CO-CHAIR SENATOR HANABUSA: Okay. Thank you 7 very much. 8 CO-CHAIR REPRESENTATIVE SAIKI: Thank you 9 very much, Co-Chair. I actually don't have any 10 questions. So, I would like to entertain any follow-up 11 questions at this point. If there are none, thank you 12 very much, Mr. Stewart. 13 THE WITNESS: Thank you. 14 CO-CHAIR SENATOR HANABUSA: Members, at this 15 time, we would like to put on the record the following 16 point. One is, as you are all aware, we had also listed 17 today Dr. Judith Schrag to appear; and as you have been 18 informed, she will be appearing and has volunteered to 19 appear on another date. Today was not a convenient time 20 for her. However, the condition of her appearance we 21 have left to Mr. Kawashima to negotiate; and we're 22 hoping that we'll have a resolution of that. And that 23 is why you have not seen any motion to quash our 24 Subpoena today. 25 In addition to that, while we were in RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 298 1 executive session, we discussed further Subpoenas; and 2 at this time, the Co-Chairs would like to move that this 3 Committee authorize the issuance of Subpoenas of the 4 following individuals. And as per our prior Subpoenas, 5 it will be up to the discretion of the Co-Chairs as to 6 when they will be scheduled. 7 The individuals are as follows: Dennis 8 McLaughlin of CARE; Sharon Nobriga of Hawaii Families as 9 Allies; Vicky Followell of Hawaii Families as Allies; 10 Edwin Koyama, DOE internal audit office; Valerie Ako, 11 DOH administrative services office; Anthony Ching, 12 former deputy director of the Department of Health; Kari 13 Rachlin of CAMHD; Mary Brogan of the DOH CAMHD, clinical 14 director; Alan Shimabukuro of the Department of 15 Education. 16 Are there any discussion? If not -- 17 CO-CHAIR REPRESENTATIVE SAIKI: I'll take a 18 roll call vote, Members. Co-Chair Hanabusa? 19 CO-CHAIR SENATOR HANABUSA: Aye. 20 CO-CHAIR REPRESENTATIVE SAIKI: Vice-Chair 21 Kokubun? 22 VICE-CHAIR SENATOR KOKUBUN: Aye. 23 CO-CHAIR REPRESENTATIVE SAIKI: Vice-Chair 24 Oshiro? 25 VICE-CHAIR REPRESENTATIVE OSHIRO: Aye. RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 299 1 CO-CHAIR REPRESENTATIVE SAIKI: Senator Buen? 2 SENATOR BUEN: Aye. 3 CO-CHAIR REPRESENTATIVE SAIKI: 4 Representative Ito? 5 REPRESENTATIVE ITO: Aye. 6 CO-CHAIR REPRESENTATIVE SAIKI: 7 Representative Kawakami? 8 REPRESENTATIVE KAWAKAMI: Aye. 9 CO-CHAIR REPRESENTATIVE SAIKI: 10 Representative Leong? 11 REPRESENTATIVE LEONG: Aye. 12 CO-CHAIR REPRESENTATIVE SAIKI: 13 Representative Marumoto? 14 REPRESENTATIVE MARUMOTO: Aye. 15 CO-CHAIR REPRESENTATIVE SAIKI: Senator 16 Matsuura is excused. Senator Sakamoto? 17 SENATOR SAKAMOTO: Aye. 18 CO-CHAIR REPRESENTATIVE SAIKI: Senator Slom 19 is excused. Ten ayes, two excused. 20 CO-CHAIR SENATOR HANABUSA: Thank you very 21 much. Members, does anyone have any other points or any 22 other business? If not, we will be adjourning this 23 hearing. Thank you very much. 24 (The hearing was adjourned at 4:22 p.m.) 25 RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090 300 1 C E R T I F I C A T E 2 STATE OF HAWAII ) 3 ) SS: 4 CITY AND COUNTY OF HONOLULU ) 5 I, SHARON ROSS, Notary Public, State of Hawaii, 6 do hereby certify: 7 That on Wednesday, October 3, 2001, at 9:08 a.m., 8 the hearing was taken down by me in machine shorthand 9 and was thereafter reduced to typewriting under my 10 supervision; that the foregoing represents, to the best 11 of my ability, a true and correct transcript of the 12 proceedings had in the foregoing matter. 13 I further certify that I am not attorney for any 14 of the parties hereto, nor in any way concerned with the 15 cause. 16 DATED this 15th day of October, 2001, in 17 Honolulu, Hawaii. 18 19 20 SHARON ROSS, CSR NO. 432 Notary Public, State of Hawaii 21 My Commission Expires: 4-8-05 22 23 24 25 RALPH ROSENBERG COURT REPORTERS, INC. Honolulu, Hawaii (808) 524-2090