Report Title:

Early Childhood

Description:

Provides a means for childhood screening required for entry into school, from birth to eight years of age, and establishes a childhood screening taskforce. (HB3139 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

3139

TWENTY-THIRD LEGISLATURE, 2006

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO health.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that recent neuroscience research demonstrates that a child's early years are the most crucial in the child's cognitive, emotional, social, and physical development. The legislature affirms that there are tremendous opportunities for preventive work with children and families as well as the predictable, costly consequences of not doing so. The legislature further finds that quality early childhood education and child care that support all aspects of early development are crucial to ensuring that every child starts their formal education healthy, safe, and ready to learn and succeed. A child's ability to function in the classroom is essential. This can be achieved by assuring that each child can hear, see, and speak at a minimal level prior to starting school.

The legislature further finds that early screening, identification, and intervention for developmental delays and psychosocial problems improve children's outcomes and have a critical influence on school success and family functioning. The ideal is for each child to have ongoing access to quality primary health care and, to the greatest extent possible, a safe home and community environment. However, not all children have access to quality primary health care prior to the start of school. It is in the state's interest to provide developmental screening and assessment that will detect deficiencies and provide corrections before they hinder a child's ability to function in school.

The departments of health, education, and human services currently provide families access to various community health services. However, parents are often unaware of or choose not to avail themselves of these services. Meanwhile, their children do not receive proper screening, evaluation, and referrals for correction or treatment.

The purpose of this Act is to provide a means for a child to be screened prior to the start of the child's education, at the child’s first entry into preschool and or elementary school, to provide for diagnosis, referral, correction or treatment, and to integrate the efforts of community and state organizations related to screening under this, Hawaii childhood screening initiative.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Early childhood screenings. (a) Prior to the start of a child’s entry into either preschool or kindergarten, the parents or guardians of a child shall have the child screened for vision, hearing, and development. Screening certification of the child may be provided by:

(1) The child's pediatrician; or

(2) Any primary healthcare provider.

If the child does not have a pediatrician or primary healthcare provider, the department may provide the screening or refer the child to a primary health care provider at no cost to the child or family.

Beginning with the 2007-2008 school year, a certificate of screening shall be presented to the school where the student enters preschool; and at kindergarten or first grade, whichever is the entry grade level for elementary school.

The department of health shall be the lead department in the development of screening guidelines, and shall administer the screening and certification process in collaboration with the departments of education and human services within the framework defined by the Hawaii childhood screening initiative task force.

(b) As part of the screening and certification process required by subsection (a), the department, physician, or provider may:

(1) Provide information and referrals to programs and services to help remediate any concerns revealed by the screening;

(2) Inform parents and guardians of their responsibilities to ensure that the child's psychological and physiological development is progressing satisfactorily;

(3) Provide assistance and advice to parents and guardians in meeting their responsibilities under paragraph (2);

(4) Provide additional evaluation or referrals as deemed necessary; and

(5) Use standardized screening tools and referral protocols developed by the Hawaii childhood screening initiative task force.

(c) A waiver signed by a child's parents or guardian indicating that they do not want to have the child screened based on their religious beliefs shall be accepted by the school in lieu of the certificate required in subsection (a)."

SECTION 3. There is established the Hawaii childhood screening initiative task force to plan and implement a statewide screening initiative for all children from birth to eight years of age, to develop and implement a screening certification program for children entering preschool and elementary school, and to unify screening related activities in the state by January 1, 2007.

(a) The members of the task force shall include but not be limited to representatives from:

(1) The department of health;

(2) The department of human services;

(3) The department of education;

(4) The University of Hawaii, John A. Burns school of medicine, department of pediatrics;

(5) The American Academy of Pediatrics, Hawaii chapter;

(6) The Hawaii Academy of Family Physicians;

(7) The Hawaii Primary Care Association;

(8) The Family Voices of Hawaii (A children’s health advocacy organization);

(9) The Hilopaa Project;

(10) The healthy child care Hawaii project;

(11) The Hawaii state council on developmental disabilities;

(12) The Hawaii early intervention coordinating council; and

(13) Consumer representation as represented by their parents.

(b) The task force may request assistance from the department of health and other state agencies as necessary to provide staff support.

(c) The members of the task force shall serve without compensation but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties.

(d) The task force shall:

(1) Recommend selection of standardized developmental screening tools for children from birth through age eight years of age, including but not limited to:

(A) Cognitive development;

(B) Language development;

(C) Motor development;

(D) Adaptive skills;

(E) Behavioral or social-emotional development;

(F) Hearing; and

(G) Vision;

(2) Formalize referral protocols;

(3) Develop guidelines for reporting the completion of a child’s screening requirement for children entering preschool or elementary school;

(4) Address issues related to physician participation; and

(5) Evaluate compliance and appropriateness of referrals.

(e) The task force shall submit a report annually to the legislature no later than twenty days prior the start of each regular session, beginning with the regular session of 2007, on the status of the early childhood screenings program and any recommended legislation necessary to improve the program.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2006-2007 for the planning, implementation, and evaluation of early childhood screenings.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2006.