HOUSE OF REPRESENTATIVES	H.C.R. NO.	75
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE AUDITOR TO CONDUCT A FINANCIAL AND PROGRAM AUDIT OF THE HAWAII DISABILITIES RIGHTS CENTER.

     WHEREAS, the Hawaii Disabilities Rights Center is the designated agency under section 333F-8.5, Hawaii Revised Statutes, to provide advocacy services to persons with developmental disabilities and mental illness; and

     WHEREAS, a designation of an agency such as the Hawaii Disabilities Rights Center is a prerequisite for the State to receive federal funds; and

     WHEREAS, Congress created a nationwide protection and advocacy system for individuals with developmental disabilities under the Developmental Disabilities Assistance and Bill of Rights Act, as amended, to aid individuals with developmental disabilities and their families so that they may gain access to appropriate support and services; and

     WHEREAS, the Hawaii Disabilities Rights Center has access to all records of any person with developmental disabilities or mental illness, to the extent required by federal law, as provided in section 333F-8.5, Hawaii Revised Statutes; and

     WHEREAS, the Department of Health has jurisdiction over state funding for the Hawaii Disabilities Rights Center, and pursuant thereto, has responsibility for the performance of the Hawaii Disability Rights Center; and

     WHEREAS, the Legislature is concerned about whether the Hawaii Disabilities Rights Center is fulfilling its mission, particularly since it also receives state funding; and

     WHEREAS, the Hawaii Disabilities Rights Center has never been the subject of an audit by the Auditor; and

     WHEREAS, a complete financial and program audit of the Hawaii Disabilities Rights Center is warranted in the interests of protecting a vulnerable population that it is designed to serve; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the Auditor is requested to conduct a financial and program audit of the Hawaii Disabilities Rights Center; and

     BE IT FURTHER RESOLVED that the Auditor also investigate whether the Hawaii Disabilities Rights Center:

     (1)  Is fulfilling its mission in a proper, objective, and effective manner, including an evaluation of how the Center exerts its authority over organization subject to the Center's purview;

     (2)  Is abusing its authority over its access to records of persons with developmental disabilities or mental illness;

     (3)  Has in place appropriate grievance procedures and alternative remedies to litigation for agencies over which it has jurisdiction; and

     (4)  Is being appropriately overseen by any state or federal authority, and the scope of such authority; and

     BE IT FURTHER RESOLVED that the Auditor report its findings and recommendations to the Legislature not later than twenty days prior to the convening of the Regular Session of 2008; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Hawaii Disabilities Rights Center and the Director of Health.

OFFERED BY:

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Report Title: 

Hawaii Disabilities Rights Center; Audit