Report Title:

Office of Youth Services; Hawaii Youth Correctional Facilities

Description:

Allows the Hawaii Youth Correctional Facility to obtain necessary information on youth committed to the facility quickly when the youth are admitted, and to use the information for treatment and care within the facility.

HOUSE OF REPRESENTATIVES	H.B. NO.	1041
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PERSONS COMMITTED TO THE HAWAII YOUTH CORRECTIONAL FACILITIES OR TO THE CUSTODY OR CARE OF THE EXECUTIVE DIRECTOR OF THE OFFICE OF YOUTH SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this bill is to allow the Hawaii youth correctional facilities and the executive director of the office of youth services to obtain necessary information on youth committed to the facilities quickly, and to use the information for treatment and care of the youth committed to the facilities or to the custody or care of the executive director.

     SECTION 2.  Chapter 352, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§352-  Provision of confidential information to the Hawaii youth correctional facilities. (a)  Notwithstanding any other law to the contrary, otherwise confidential information and documents, including information and documents in the possession of the courts, the department of education, the department of health, and the department of human services,  concerning persons committed to the Hawaii youth correctional facilities or to the director's custody or care, shall, upon request by the director or director's designee, be furnished to the facilities and the director, including but not limited to health records and information (including HIV/AIDS records and information), mental health records and information, and social services records and information.  The information and documents may be used only by the director and those who work with youth while committed to the facilities or to the director's custody or care, including those employed by the department of human services, the department of health, and the department of education, and contractors retained to provide services to the youth, who need the records or information in order to provide care, safety, treatment, and educational services for the youth.

(b)  The documents and information may not be disclosed to others who are not providing services to youth who are at the facility, except:

(1) To providers contracted by the office of youth services, to the extent determined necessary by the director to provide care and services for the youth, including but not limited to social services, placement, health services, educational services, and mental health services;

(2) To persons duly authorized by the State or the United States in connection with their official duties when such duties are directly connected to the care, treatment and safety of youth committed to the facilities or to the director's custody and care; or

(3) As otherwise in accordance with state and federal law."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request