STAND. COM. REP. NO. 1724
Honolulu, Hawaii
S.D. 1
President of the Senate
Twenty-Fourth State Legislature
State of Hawaii
Madam:
Your Committees on Health, Human Services and Public Housing, and Public Safety, to which was referred S.C.R. No. 214 entitled:
"SENATE CONCURRENT RESOLUTION REQUESTING THE GOVERNOR OF THE STATE OF HAWAII TO CONVENE A TASK FORCE TO ESTABLISH A STATEWIDE POLICY FOR STATE FUNDED PROGRAMS AND SERVICES ON THE USE OF RESTRAINTS AND SECLUSION,"
beg leave to report as follows:
The purpose of this measure is to promote best practices with regard to the use of restraints and seclusion in state funded programs and services.
Specifically, this measure requests the Governor to convene a task force to establish an statewide policy for the use of restraints and seclusion.
Testimony in support of this measure was submitted by the State Council on Developmental Disabilities, the Hawai‘i Maternal Child Health Leadership Education in Neurodevelopmental Disabilities and Related Disorders Program at the University of Hawai‘i at Manoa, the American Civil Liberties Union of Hawai‘i, Center on Disability Studies, Community Alliance on Prisons, Hawaii Disability Rights Center, Hawaii Long Term Care Association, National Alliance on Mental Illness O‘ahu, and twelve individuals. Testimony in opposition to this measure was submitted by the Department of Public Safety. Comments on this measure were submitted by the Department of Health, International Association of Nonviolent Crisis Intervention® Certified Instructors, and the Crisis Intervention Institute, Inc.
Your Committees find that given the potential for both physical and mental injuries, the use of restraints and seclusion should be given great care and scrutiny. Your Committees further find that policies and procedures on their use should be clear and consistently implemented.
Your Committees further find that the variety of situations in which the need for the use of restraints or seclusion arise, including the differences in use with adults as opposed to children and institutional verses noninstitutional use may make it impossible to develop a single, statewide policy.
This measure was amended to:
(1) Request that the Governor serve as the convener of the task force instead of the Director of Health;
(2) Request the task force to identify alternatives to the use of restraints and seclusion;
(3) Establish that the purpose of the task force is to ensure that the policies in place are consistently implemented;
(4) Request an accounting for the differences in use of restraints on adults as opposed to children and the differences in use in institutional settings as opposed to noninstitutional settings;
(5) Recognize that a single policy may not be possible;
(6) Clarify the reporting requirements; and
(7) Amend the title to reflect these changes.
As affirmed by the records of votes of the members of your Committees on Health and Human Services and Public Housing and Public Safety that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 214, as amended herein, and recommend its adoption in the form attached hereto as S.C.R. No. 214, S.D. 1.
Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Public Housing and Public Safety,
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SUZANNE CHUN OAKLAND, Chair |
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DAVID Y. IGE, Chair |
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WILL ESPERO, Chair |