Report Title:

Child mental health.

 

Description:

Transfers the early intervention section and the child and mental health division from the department of health to the department of education.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1042

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to health.

 

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

SECTION 1. Currently the departments of health and education are held accountable for the health and well-being of Hawaii's students. This creates unnecessary confusion and slows down the process of providing mental health services for children and adolescents. These responsibilities would be handled most effectively by the department of education alone.

The legislature finds that moving the department of health's early intervention section (EIS) and child and adolescent mental health division (CAMHD) to the department of education would increase accountability and efficiency in the administration of children's mental health.

The purpose of this Act is to transfer EIS and CAMHD from the department of health to the department of education.

SECTION 2. All rights, powers, functions, and duties of the early intervention section and the child and adolescent mental health division of the department of health are transferred to the department of education.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 3. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of health relating to the functions transferred to the department of education shall be transferred with the functions to which they relate.

SECTION 4. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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