SB1176 SD1

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 adaptive development.

"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 support plan team, in one or more of the following areas: physical development, cognitive development, [~~and self-help skills;~~] adaptive development, communication development, social or emotional development;

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

(5) Are provided in conformity with an individualized family support 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 as described in this paragraph; 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" 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[.]; provided that parents of children with a disability aged three through five who are eligible for services under Part B, Section 619 of the Individuals with Disabilities Education Act and previously received services under Part C may choose the continuation of early intervention services, which shall include an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills, until the children enter, or are eligible under state law to enter elementary school."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2020.

THE SENATE	S.B. NO.	1176
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII