HOUSE OF REPRESENTATIVES

H.C.R. NO.

 

TWENTY-FIRST LEGISLATURE, 2002

7

STATE OF HAWAII

H.D. 1

   


HOUSE CONCURRENT

RESOLUTION

 

continuing the joint senate-house investigative committee to investigate the state's efforts to comply with the felix consent decree.

 

 

WHEREAS, during the Regular Session of 2001, the Legislature adopted Senate Concurrent Resolution No. 65, S.D. 1, H.D. 1 ("S.C.R. 65"), which established a joint Senate-House investigative committee to investigate the State's efforts to comply with the Felix Consent Decree ("Committee"); and

WHEREAS, from June to November 2001, the Committee conducted an intensive investigation and held a series of public hearings focusing on the misidentification of Felix class members, questionable Felix-related expenditures, and potential conflicts of interest by individuals and entities involved with the Felix Consent Decree; and

WHEREAS, as stated in its December 26, 2001, report to the Legislature, the Committee "was troubled by much of what it uncovered about the impact of the Felix consent decree" and "[d]espite good intentions and improved services to some children with mental disabilities, the decree resulted in a Pandora's box of unintended consequences"; and

WHEREAS, the Committee has concluded, and made recommendations regarding several important issues including:

(1) Undefined, unclear, and costly Felix compliance requirements;

(2) Department of Education fiscal management problems;

(3) Inadequate oversight and accountability;

(4) Problems stemming from the extraordinary powers granted by the federal court to the Superintendent of Education and Director of the Department of Health;

(5) Conflicts of interests and self-serving practices; and

(6) Waste and profiteering;

and

WHEREAS, despite the substantial work completed by the Committee, the Committee further concluded that its work would not be complete by the date the Committee would dissolve pursuant to S.C.R. 65; and

WHEREAS, the Committee met several obstacles to its efforts to conduct its investigation and obtain valuable and complete information necessary to the investigation, which has required the Committee to set in motion legal proceedings and other efforts that are not concluded; and

WHEREAS, federal Judge David Ezra has recently turned over the Committee's December 26, 2001 report, to the U.S. Department of Justice; and

WHEREAS, the Committee needs to address several issues revealed by its investigation that could not be addressed because of time limitations including:

(1) Misidentification of Felix class members;

(2) Preparation for the post-decree continuum of care for special education children;

(3) The transfer of a significant portion of the Felix population to school-based services and the "gap groups" that may result; and

(4) Determining the effectiveness of services to Felix members;

and

WHEREAS, from June to December of 2001, the Committee closely monitored for the Legislature the compliance efforts of the Departments of Education and Health, and the actions of the federal court and other relevant parties during a crucial period in the State's compliance efforts; and

WHEREAS, the Committee should continue to serve in that role as important compliance deadlines approach in the ensuing months; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that:

(1) The Committee established pursuant to S.C.R. 65 and chapter 21, Hawaii Revised Statutes, to investigate the State's compliance with the Felix Consent Decree is hereby authorized to continue its work;

(2) The Committee as hereby authorized shall have and maintain the same purpose, powers, authority, and duties prescribed in S.C.R. 65, and may exercise its powers throughout the Regular Session of 2002, during the interim between the Regular Sessions of 2002 and 2003, throughout the Regular Session of 2003, and shall be dissolved on June 30, 2003;

(3) The subject matter and the scope of the Committee's investigatory authority, and the number of its members shall be the same as prescribed in S.C.R. 65, and incorporated by reference in this Concurrent Resolution; provided that the subject matter and scope of the Committee's investigatory authority shall extend to and include:

(a) Misidentification of Felix class members;

(b) Preparation for the post-decree continuum of care for special education children;

(c) The transfer of a significant portion of the Felix population to school-based services and the "gap groups" that may result;

(d) Determine the effectiveness of services to Felix members; and

(e) Such other matter and scope related to the State's efforts to comply with the Felix Consent Decree;

and

BE IT FURTHER RESOLVED that the President of the Senate and the Speaker of the House of Representatives, from time to time, may refer to the Committee specific matters that are within the scope of the Committee's jurisdiction, and that the Committee shall work in cooperation with the President and Speaker for the purposes stated in this Concurrent Resolution; and

BE IT FURTHER RESOLVED that the Committee shall submit its written findings and recommendations to the Legislature at least twenty days prior to the convening of the Regular Session of 2003; and

BE IT FURTHER RESOLVED that this Concurrent Resolution shall be effective retroactive to January 15, 2002, and that all actions taken on behalf of the Committee from and after January 15, 2002, and prior to the adoption of this Concurrent Resolution that are consistent with the authority vested in the Committee by S.C.R. 65 are hereby affirmed and approved; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Speaker of the House of Representatives, President of the Senate, Superintendent of Education, and Director of Health.

Report Title:

Continuing the Joint Felix Investigative Committee.