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   




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            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   




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            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




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            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   




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            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?




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            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.  




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            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 




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            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 




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            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. 




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            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? 




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            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?




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            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. 




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            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. 




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            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 




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            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 




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            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 




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            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. 




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            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." 




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            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 --




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            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.




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            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 




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            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.




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            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 




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            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 




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            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?




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            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 




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            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 




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            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.




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            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?




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            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 




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            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?




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            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?




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            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 




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            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 




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            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; 




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            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 --




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            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 




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            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?




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            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 




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            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 




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            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; 




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            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 




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            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; 




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            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 




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            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?




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            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?




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            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?




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            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 




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            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 --




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            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. 




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            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 




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            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. 




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            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 




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            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.




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            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 




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            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 




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            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.




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            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 




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            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 




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            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.




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            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 




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            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 




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            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 




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            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 




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            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 --




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            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?




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            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 




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            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, 




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            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?




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            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.




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            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.




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            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?




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            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 




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            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 




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            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 -- 




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            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 




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            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 




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            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 




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            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. 




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            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. 




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            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?




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            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 




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            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 




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            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. 




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            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 -- 




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            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 




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            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?




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            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 




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            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." 




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            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 




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            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 




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            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 




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            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 




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            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. 




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            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 --




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            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, 




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            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 




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            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. 




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            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 




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            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 




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            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 




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            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 -- 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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?




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            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?




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            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 




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            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. 




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            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 




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            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, 




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            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 --




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            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?




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            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. 




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            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?




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            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 -- 




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            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 --




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            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 --




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            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 




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            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?




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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?




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            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. 




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            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 




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            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.




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            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 




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            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 




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            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.  




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            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 




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            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.




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            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 




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            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 




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            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 




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            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 




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            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. 




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            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 




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            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. 




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            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 




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            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.




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            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?




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            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?




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            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. 




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            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 




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            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 




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            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, 




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            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. 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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, 




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            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. 




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            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.  




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            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 




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            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. 




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            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. 




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            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. 




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            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?




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            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?




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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?




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            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. 




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            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:  




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            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 




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            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. 




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            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?




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            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 -- 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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. 




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            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?




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            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 




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            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. 




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            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 




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            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. 




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            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?




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            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.




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            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?




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            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 




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            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 




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            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. 




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            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.  




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            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. 




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            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 




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            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 




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            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 




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            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. 




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            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. 




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            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.  




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            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, 




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            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?




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            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 




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            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?




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            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 




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            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 




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            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 




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            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 




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            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 




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            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; 




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            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?




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            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. 




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            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 




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            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 




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            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 




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            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. 




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            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 




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            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?




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            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?




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            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 




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            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, 




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            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 




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            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. 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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, 




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            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 




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            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 




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            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, 




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            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. 




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            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 




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            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. 




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            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 -- 




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            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 




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            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. 




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            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 




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            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 




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            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 --




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            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 




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            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 




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            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 




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            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 




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            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 




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            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.  




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            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.




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            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 




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            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 




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            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?




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            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.




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            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. 




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            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 




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            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 




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            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. 




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            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 




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            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 --




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            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 




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            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.




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            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 




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            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. 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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 




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            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.




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            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.




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            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 




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            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?




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            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.  




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            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. 




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            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?




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            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 




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            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, 




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            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 




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            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.




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            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   




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            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   




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