SB1176

SECTION 1. Section 321-351, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-351[]] Definitions. As used in this part, unless the context requires otherwise:

"Biological risk" means prenatal, perinatal, neonatal, or early developmental events suggestive of biological insults to the developing central nervous system which increase the probability of delayed development.

+ "Case management" means an ongoing service of shared responsibility between families and professionals that identifies needs and assists in obtaining coordinated, appropriate services and resources.

["Delayed development" means a significant delay in one or more of the following areas of development: cognition, speech, language, physical, motor, vision, hearing, psychosocial, or self-help skills.]

"Department" means the department of health.

"Developmental delay" means a significant delay in one or more of the following areas of development: cognition, speech, language, physical, motor, vision, hearing, psychosocial, or self-help skills.

"Director" means the director of health.

"Early intervention services" means services which:

(1) Are provided under public supervision;

(2) Are provided at no cost, except where federal or state law provides for a system of payments by families, including a sliding fee schedule;

(3) Are designed to meet the developmental needs of [~~infants and toddlers with special needs, which include but are not limited to~~] an infant or toddler with a disability as identified by the individualized family service plan team, in one or more of the following areas: physical development, cognitive development, [~~and self-help skills;~~] communication development, social or emotional development, or adaptive development;

(4) Are provided by qualified professional and paraprofessional personnel;

(5) Are provided in conformity with an individualized family [~~support~~] service plan; [~~and~~]

(6) Include [~~but are not limited to~~]: family [~~support~~] training, counseling, and home visits; special instruction; [~~speech~~] speech-language pathology and audiology services, and sign language and cued language services; occupational therapy; physical therapy; psychological services; case management services; medical services only for diagnostic or evaluation purposes; early identification, screening, and assessment services; [~~and~~] health services necessary to enable the infant or toddler to benefit from the other early intervention services[.]; social work services; vision services; assistive technology devices and assistive technology services; and transportation and related costs that are necessary to enable an infant or toddler and the infant's or toddler's family to receive another service; and

(7) To the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate.

"Environmental risk" means physical, social, or economic factors which may limit development. Environmental risk includes[~~, but is not limited to~~] the following conditions:

(1) Birthweight between 1,500 and 2,500 grams, in combination with any other environmental risk factor;

(2) Parental age less than sixteen;

(3) Parental age between sixteen and eighteen and less than a high school education in combination with any other environmental risk factor;

(4) Any existing physical, developmental, emotional, or psychiatric disability in a primary caregiver;

(5) Presence of physical, developmental, emotional, or psychiatric disability in a sibling or any other family member in the home in combination with any other environmental risk factor;

(6) Abuse of any legal or illegal substance by a primary caregiver;

(7) Child abuse and neglect of target child or siblings;

(8) Economically disadvantaged family in combination with any other environmental risk factor;

(9) Single parent in combination with any other environmental risk factor; and

(10) Incarceration of a primary caregiver in combination with any other environmental risk factor.

[~~"Individual family support plan"~~] "Individualized family service plan" means a dynamic, voluntary plan of action and support developed by families and professionals that emanates from the families' expressions of needs and goals.

[~~"Infants and toddlers with special needs" means infants and toddlers from birth to the age of three with delayed development, biological risk, or environmental risk.~~]

"Infant or toddler with a disability" means:

(1) An individual under the age of three who needs early intervention services because the individual:

(A) Is experiencing developmental delays as measured by appropriate diagnostic instruments and procedures in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development; or

(B) Has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; or

(2) An individual with a disability aged three through five who previously received early intervention services and is not eligible to enter kindergarten or elementary school."

SECTION 2. Section 321-352, Hawaii Revised Statutes, is amended to read as follows:

"§321-352 Early intervention services for [~~infants and toddlers with special needs~~] infants or toddlers with disabilities. The department may develop a statewide, coordinated, multidisciplinary program which contains a continuum of services to meet the needs of infants [~~and~~] or toddlers with [~~special needs~~] disabilities. The department shall be the lead agency for the coordination of federal and state funding for those programs. Pursuant to chapter 103F, the department may purchase services appropriate to carry out activities under this part."

SECTION 3. Section 321-353, Hawaii Revised Statutes, is amended to read as follows:

"§321-353 Hawaii early intervention coordinating council; establishment. (a) There is established within the department for administrative purposes the Hawaii early intervention coordinating council. Members shall be appointed for three-year terms by the governor without the necessity of the advice and consent of the senate. The membership of the council shall consist of fifteen members selected from the following:

(1) At least three parents of infants, toddlers, or children under the age of seven with [~~special needs;~~] disabilities;

(2) At least three public or private providers of early intervention services;

(3) At least one representative from the legislature;

(4) At least one person involved in personnel preparation;

(5) At least one member representing the department of education;

(6) At least one member representing the department of human services;

(7) At least one member representing the office of the governor; and

(8) Other members representing private or public agencies involved in or interested in the payment for or provision of services to infants [~~and~~] or toddlers with [~~special needs~~] disabilities and their families.

Any vacancy on the council shall be filled in the same manner in which the original position was filled.

(b) The council shall elect its officers, and eight members shall constitute a quorum. Members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(c) The council shall meet at least quarterly and in such places as it deems necessary. The meetings shall be publicly announced, and be open and accessible to the general public.

(d) The council shall perform the following functions:

(1) Advise and assist the director in the identification of the sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility to the appropriate agency, and the promotion of the interagency agreements;

(2) Advise and assist the department in the preparation of applications and amendments thereto; and

(3) Prepare and submit an annual report to the governor on the status of early intervention programs for infants [~~and~~] or toddlers with [~~special needs~~] disabilities and their families within the State."

SECTION 4. Section 321-357, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-357[]] Early intervention funds; purpose and use. (a) The purpose of the early intervention special fund and early intervention trust fund is to expand and enhance early intervention services for infants [~~and~~] or toddlers with [~~special needs~~] disabilities by providing a cooperative funding mechanism between the public and private sectors to work together to make and secure appropriations and donations to the funds.

(b) The department may procure services under chapters 103D and 103F in accordance with criteria and procedures established by rules adopted pursuant to chapter 91, for community-based, family-centered, early intervention services including [~~but not limited to~~]:

(1) Programs to provide early intervention services for infants and toddlers with developmental delays or at biological or environmental risk;

(2) Family support programs to strengthen families to reduce the risk of child abuse and neglect;

(3) Training and education for professionals, paraprofessionals, and families; and

(4) Research, evaluation, and data management related to early intervention services.

(c) Services to be procured under this section shall be in accordance with chapters 103D and 103F and take the following forms:

(1) Purchase of service contracts to private nonprofit organizations, public agencies, or qualified individuals to provide community-based, family-centered, early intervention services; or

(2) Direct payments for services, educational materials, training, quality assurance, equipment, data collection, and program evaluation.

(d) The Hawaii early intervention coordinating council shall make recommendations to the department for the expenditure of moneys from the funds."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1176
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII