Bill Text: HI SR13 | 2010 | Regular Session | Introduced

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Bill Title: Post Felix Consent Decree; Comprehensive Report

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-01-29 - (S) Referred to EDH/HTH, WAM. [SR13 Detail]

Download: Hawaii-2010-SR13-Introduced.html

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THE SENATE	S.R. NO.	13
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

SENATE RESOLUTION

 

 

REQUESTING THAT THE DEPARTMENT OF HEALTH PROVIDE A COMPREHENSIVE REPORT OF POST FELIX CONSENT DECREE CHILD AND ADOLESCENT MENTAL HEALTH SERVICES AND FUNDING.

 

 

 

     WHEREAS, the Felix v. Cayetano Consent Decree (Consent Decree) mandated fundamental change, wherever necessary, to provide educational, mental health, and related services to disabled children that satisfy the law and principles of the Child and Adolescent Service System Program; and

 

     WHEREAS, the Consent Decree guaranteed a free and appropriate public education for all eligible children, as required under the federal Individuals with Disabilities Education Act and the Rehabilitation Act of 1973, Section 504, and required the system to provide a continuum of services, programs, and placements according to family- and child-centered principles; and

 

     WHEREAS, the Consent Decree mandated that the State identify children and youth from birth to 20 years of age who are in need of behavioral and emotional support, and provide them with adequate and timely intervention and delivery of culturally-relevant services in home-based, school-based, and community-based settings; and

 

     WHEREAS, the State was obligated to design and implement a system of care that would function in accordance with the standards and operating principles of the Consent Decree by June 30, 2000; and

 

     WHEREAS, despite the termination of court oversight in 2006, critical issues remain to be addressed by the Department of Health (DOH) and Department of Education (DOE), including:

 

     (1)  The need for consistent and appropriate quality services;

 

     (2)  A lack of service system development in certain areas of the state;

 

     (3)  A lack of accountability systems; and

 

     (4)  The numbers of children being sent away to mainland placement due to a lack of local alternatives;

 

and

 

     WHEREAS, budgetary shortfalls and a lack of oversight at DOH and DOE may contribute to inadequate services and infrastructure essential to building and maintaining an adequate system of care; and

 

     WHEREAS, the No Child Left Behind Act requires schools to focus on the annual progress of students and test all students, including those with disabilities, based on their grade level rather than developmental level, resulting in DOE's shift in focus from services for children with mental health needs to annual progress and test scores; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, that DOH is requested to provide to the Legislature, no later than 60 days prior to the convening of the Regular Session of 2011, a comprehensive report of post Consent Decree child and adolescent mental health services and funding; and

 

     BE IT FURTHER RESOLVED that DOH include in the report:

 

     (1)  The funding levels of child and adolescent mental health and special education services, currently and also while DOH and DOE were operating under court oversight, including a listing of all state, federal, and federal matching dollar streams of funding;

 

 

 

     (2)  The numbers of children with mental health needs served and client outcomes, currently and also while DOH and DOE were operating under court oversight; and

 

     (3)  The number of vacant positions and issues related to filling vacant positions within DOE, and similar information provided by the Department of Human Resources Development regarding filling vacant positions within DOH's Child and Adolescent Mental Health Division;

 

and

 

     BE IT FURTHER RESOLVED that, if necessary, DOE is requested to assist DOH in its efforts to create the comprehensive report of post Consent Decree child and adolescent mental health services and funding; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Director of Health, Superintendent of Education, Chairperson of the Board of Education, Director of Human Resources Development, Director of Human Services, Chairperson of the Child and Adolescent Mental Health Task Force, and President and Executive Director of Mental Health America of Hawaii.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Post Felix Consent Decree; Comprehensive Report