SCR90 SD1.DOC

WHEREAS, pursuant to section 333F-8.5, Hawaii Revised Statutes, the State of Hawaii has designated an entity to provide advocacy services to persons with developmental disabilities and mental illness; and

WHEREAS, the designated advocacy service provider, direct service providers, and governmental organizations provide vital services to the disabled community and it is imperative that entities serving this population work in cooperation with each other to more effectively serve the community; and

WHEREAS, the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 provides wide powers and discretion to the designated advocacy service provider to carry out its mission but fails to provide meaningful state or local oversight over services to the disabled; and

WHEREAS, in 2008 the Legislature ordered a financial and management audit of the designated advocacy service provider based on concerns about the advocacy service's fulfillment of its mission; and

WHEREAS, the state agency's attempt to comprehensively review the performance of the designated advocacy service provider has been suspended due to vaguely worded directions from current laws and the lack of sufficient criteria for evaluation; and

WHEREAS, designated advocacy service providers have the power to advocate for and protect victims in cases of abuse or neglect, but do not have the legal power to enforce laws regarding abuse and neglect; and

WHEREAS, the Administration on Developmental Disabilities published a notice of rule change in the Federal Register on April 10, 2008, 73 Fed. Reg. 19,708 (to be codified at 45 C.F.R. pt. 1385-88), proposing clarifications and new requirements in implementing the Developmental Disabilities Assistance and Bill of Rights Act of 2000 that would:

(1) Allow designated advocacy services wide discretion in defining what amounts to "abuse";

(2) Eliminate judicial review of any finding of "probable cause" by designated advocacy service providers;

(3) Reduce the power of guardians and families to review a designated advocacy service provider's actions involving disabled family members;

(4) Further reduce state oversight over advocacy service providers;

(5) Allow designated advocacy service providers to continue to endanger disabled persons by refusing to share vital information regarding abuse and neglect with state and local law enforcement agencies; and

(6) Reduce the State's power to redesignate its advocacy service provider; and

WHEREAS, the Developmental Disabilities Assistance and Bill of Rights Act of 2000 is scheduled for reauthorization in 2009; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the House of Representatives concurring, that this body stands opposed to the following proposed amendments to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, and urges the United States Congress to oppose the same:

(1) In Subpart B, section 1386.19, Definitions, redefining "abuse", "complaint", and "probable cause"; see Developmental Disabilities Program, 73 Fed. Reg. 19,713 (April 10, 2008)(to be codified at 45 C.F.R. pt. 1386);

(2) Redesignating and renaming section 1386.22 to 1386.25 to be included in a new section titled Subpart C, Access to Records, Service Providers and Service Recipients, and amending section 1386.25(a)(iii), as redesignated; see 73 Fed. Reg. at 19,716;

(3) Replacing section 1386.22(e) with a new section, 1386.28, Confidentiality of Protection and Advocacy Systems Records; see 73 Fed. Reg. at 19,717; and

(4) Revising section 1386.34, Designated State Agency; see 73 Fed. Reg. at 19,718; and

BE IT FURTHER RESOLVED that in the process of reauthorization, the Developmental Disabilities Assistance and Bill of Rights Act of 2000 should include the following:

(1) Clear provisions for meaningful state oversight over designated advocacy service providers;

(2) Provisions for protocol and transparency regarding the designated advocacy service providers' oversight and investigative practices;

(3) Provisions for compulsory cooperation by designated advocacy service providers with state agencies regarding abuse and neglect, unless a state entity is the subject of investigation; and

(4) Provisions enumerating rights for entities that are subject to oversight by designated advocacy service providers; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to Hawaii's congressional

delegation, the Governor, Director of Health, Director of Human Services, President and Majority Leader of the United States Senate, and Speaker of the United States House of Representatives.

Report Title:

Developmental Disabilities; Advocacy

THE SENATE	S.C.R. NO.	90
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII