Bill Text: HI SB965 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 965 (Prior Session Legislation)

Introduced

Bill Title: Children with Disabilities; Appropriation

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB965 Detail]

Download: Hawaii-2012-SB965-Introduced.html

THE SENATE	S.B. NO.	965
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CHILDREN WITH DISABILITIES.

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

SECTION 1. The legislature finds that neuroscience research demonstrates that a child's early years are the most crucial in the child's cognitive, social, emotional, and physical development. As a consequence, early screening, identification, and intervention for physical impairments, developmental delays, and psychosocial problems can dramatically and rapidly improve children's outcomes and have a critical influence on school success and family functioning.

Children having difficulties with hearing, vision, physical, or social-emotional development are often be shuttled into special education classes. However, department of health data indicates that one out of three developmentally delayed children can be diverted from special education programs if their problems are identified early and treated prior to starting formal education. Educational success is significantly more likely when it is confirmed that a child can hear, see, speak, and understand according to age appropriate developmental milestones prior to starting school. Additionally, early screening, identification, and intervention results in significant cost savings; potential savings realized when a child does not require special education programs can be as much as $14,000 per child per school year.

From a health care standpoint, it is critical to provide each child with ongoing access to quality primary health care (including a medical home), that includes screening for developmental delays, to ensure that the effects of these delays are mitigated as soon as possible. However, because many children do not have access to quality primary health care and many parents are unaware of or choose not to use available primary health care services, many of Hawaii's children do not receive proper screening, identification, evaluation, or referrals for correction or treatment.

In response, the Aloha United Way has implemented two pilot projects on Oahu that provide early childhood developmental screening. Designed to be a low-cost compliment to screenings conducted by medical or mental health professionals, these pilot programs use trained paraprofessionals and portable screening equipment, and provide case management for children requiring further evaluation and treatment. Preliminary findings from the pilot projects show that twenty-one per cent of the children or approximately 3,400 children in each cohort screened have a problem that requires follow-up services. Comprehensive evaluation of these pilot projects and their expansion to the neighbor islands is being conducted by the University of Hawaii at Manoa's center for disability studies for presentation to the department of health in December 2011 and June 2012.

The legislature finds that early screening services are required by persons who may have developmental disabilities and an integrated, universal developmental screening system in Hawaii is clearly needed by the children of this State. Furthermore, a review of the evaluation of the Aloha United Way's pilot programs by the department of health, among others, would be extremely useful to developing such a system.

The purpose of this Act is to:

(1) Require the department of health to administer a developmental screening system for persons who may have developmental disabilities;

(2) Require the director of health to adopt rules establishing and administering a developmental screening system for children entering preschool, kindergarten, and elementary school;

(3) Require the department of health to convene a developmental screening task force to review the University of Hawaii at Manoa's center for disability studies' evaluation of the Aloha United Way's early childhood developmental screening pilot projects, and provide recommendations for the development of an integrated, universal early childhood developmental screening system in Hawaii; and

(4) Appropriate funds for the work of the developmental screening task force and for grants to continue the Aloha United Way's pilot projects on Oahu and plan for two comparable pilot projects on the neighbor islands.

SECTION 2. Section 333F-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Supports and services the department shall administer include, but shall not be limited to:

(1) Early identification and evaluation, including a developmental screening system, of persons with developmental disabilities or mental retardation;

(2) Development, planning, and implementation in coordination with other federal, state, and county agencies, of service programs for persons with developmental disabilities or mental retardation;

(3) Development and provision of service programs in the public or private sectors through chapter 42F or chapter 103F, for persons with developmental disabilities or mental retardation;

(4) Establishment of a continuum of comprehensive services and residential alternatives in the community to allow persons with developmental disabilities or mental retardation to live in the least restrictive, individually appropriate environment;

(5) Development and implementation of a program for single-entry access by persons with developmental disabilities or mental retardation to services provided under this chapter as well as referral to, and coordination with, services provided in the private sector or under other federal, state, or county acts, and the development of an individualized service plan by an interdisciplinary team;

(6) Collaborative and cooperative services with public health and other groups for programs to prevent developmental disabilities or mental retardation;

(7) Informational and educational services to the general public and to lay and professional groups;

(8) Consultative services to the judicial branch of government, educational institutions, and health and welfare agencies whether the agencies are public or private;

(9) Provision of community residential alternatives for persons with developmental disabilities or mental retardation, including group homes and homes meeting ICF/MR standards;

(10) Provision of care at the skilled nursing level or in a skilled nursing facility, as individually appropriate;

(11) Provision of other programs, services, or facilities necessary to provide a continuum of care for persons with developmental disabilities or mental retardation;

(12) Provision of case management services independent of the direct service provider; and

(13) Development and maintenance of respite services in the community for persons with developmental disabilities or mental retardation."

SECTION 3. Section 333F-18, Hawaii Revised Statutes, is amended to read as follows:

"§333F-18 Rules. The director, in consultation with the state council on developmental disabilities, private agencies, users of services under this chapter, and other interested parties, shall adopt rules pursuant to chapter 91 necessary or appropriate to carry out this chapter, which shall include but not be limited to:

(1) Establishment of eligibility requirements for participation in services provided under this chapter;

(2) Establishment of standards of transfer from one facility to another;

(3) Provision for the involvement of the person and, where appropriate, the parents, guardian, or other representatives of the person in the determination of eligibility under this chapter, the preparation of the person's individualized service plan, and the selection or rejection of services under this chapter;

(4) Protection and enhancement of the rights of persons receiving or applying for services under this chapter, including the right to privacy and confidentiality;

(5) A fair, timely, and impartial grievance procedure to provide administrative due process and recourse for persons aggrieved by any action or failure to act on the part of the department under this chapter; [~~and~~]

(6) Establish and administer a developmental screening system for children entering preschool, kindergarten, and elementary school; and

[~~(6)~~] (7) Other provisions required or appropriate to implement the purposes of this chapter."

SECTION 4. (a) The department of health shall convene a developmental screening task force to:

(1) Review the University of Hawaii at Manoa's center for disability studies' evaluation of Aloha United Way's early childhood developmental screening pilot projects on Oahu; and

(2) Based on its findings from its review under paragraph (1), among other things, formulate and make recommendations for the deployment of an integrated, universally-available early childhood developmental screening system for Hawaii that integrates with and compliments existing early identification and treatment activities.

(b) The task force shall include representatives of the various stakeholder groups as determined by the department of health.

(1) Provide recommendations for unifying screening-related activities in the State, which may include recommendations for enabling legislation;

(2) Recommend selection of standardized developmental screening tools for children from birth through age eight, including cognitive development, language development, motor development, adaptive skills, behavioral and social-emotional development, hearing, and vision;

(3) Formulate referral protocols;

(4) Develop guidelines for reporting the completion of a child's screening requirement for children entering preschool, kindergarten, or elementary school;

(5) Address any issues related to physician participation; and

(6) Create a system to evaluate the efficacy and efficiency of the developmental screening system.

(d) The task force shall report its recommendations addressing section (c)(2) through (b) to the legislature no later than December 1, 2012. The task force shall report its recommendation addressing section (c) (1) to the legislature no later than July 1, 2013.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,600,000 or so much thereof as may be necessary for fiscal year 2011-2012 and the same sum or so much thereof as may be necessary for fiscal year 2012-2013:

(1) To support the work of the developmental screening task force and complete the initial planning of an integrated, universal early childhood developmental screening system in Hawaii, as set forth in this Act: and

(2) For grants pursuant to chapter 42F, Hawaii Revised Statutes, to the Aloha United Way to enable it to continue its early childhood screening pilot projects on Oahu and establish two comparable pilot projects on the neighbor islands.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that section 5 shall take effect on July 1, 2011.

INTRODUCED BY:	_____________________________

Report Title:

Children with Disabilities; Appropriation

Description:

Provides for the development of a developmental screening system for persons who may have developmental disabilities and the convening of developmental screening task force to initiate the development of an integrated, universal early childhood developmental screening system in Hawaii; appropriates funds for early developmental screening pilot projects.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.