HOUSE OF REPRESENTATIVES

H.C.R. NO.

268

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

Urging Congress to oppose the proposed rule amendments published on April 10, 2008 in the Federal Register (73 Fed. Reg. 19708) that implement the Developmental Disabilities Assistance and Bill of Rights Act of 2000, and to support new sections in the upcoming reauthorization.

 

 


     WHEREAS, pursuant to section 333F-8.5, Hawaii Revised Statutes, the State of Hawaii has designated an entity to provide advocacy services to persons with developmental disabilities and mental illness; and

 

     WHEREAS, the designated advocacy service provider, direct service providers, and governmental organizations provide vital services to the disabled community and it is imperative that entities serving this population work in cooperation with each other to more effectively serve the community; and

 

     WHEREAS, the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 provides wide powers and discretion to the designated advocacy service provider to carry out its mission but fails to provide meaningful state or local oversight over these services; and

 

     WHEREAS, in 2008 the Legislature ordered a financial and management audit of the designated advocacy service provider based on concerns about the advocacy service's fulfillment of its mission; and

 

     WHEREAS, the state agency's attempts to comprehensively review the performance of the designated advocacy service provider has been suspended due to vaguely worded directions from current laws and the lack of sufficient criteria for evaluation; and

 

     WHEREAS, designated advocacy service providers have the power to advocate and protect in cases of abuse or neglect, but do not have the legal power to enforce laws regarding abuse and neglect; and

 

     WHEREAS, the Administration on Developmental Disabilities published a notice of rule change in the Federal Register on April 10, 2008 (73 Fed. Reg. 19708) proposing clarifications and new requirements in implementing the Developmental Disabilities Assistance and Bill of Rights Act of 2000 that would:

 

     (1)  Allow designated advocacy services wide discretion in defining what amounts to "abuse";

 

     (2)  Eliminate judicial review of any finding of "probable cause" by designated advocacy service providers;

 

     (3)  Reduce the power of guardians and families to review a designated advocacy service provider's actions involving disabled family members;

 

     (4)  Further reduce state oversight over advocacy service providers;

 

     (5)  Allow designated advocacy service providers to continue to endanger disabled persons by refusing to share vital information regarding abuse and neglect with state and local law enforcement agencies; and

 

     (6)  Reduce the State's power to redesignate its advocacy service provider; and

 

     WHEREAS, the Developmental Disabilities Assistance and Bill of Rights Act of 2000 is scheduled for reauthorization in 2009; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, that this Legislature stands opposed to the proposed amendments to the Developmental Disabilities Assistance and Bill of Rights Act of 2000 as published on April 10, 2008 in the Federal Register (73 Fed. Reg. 19708), and urges Congress to oppose the same; and

 

     BE IT FURTHER RESOLVED that in the process of reauthorization, the Developmental Disabilities Assistance and Bill of Rights Act of 2000 should include the following:

 

     (1)  Clear provisions for meaningful state oversight over designated advocacy service providers;

 

     (2)  Provisions providing for protocol and transparency regarding the designated advocacy service providers' oversight and investigative practices;

 

     (3)  Provisions for compulsory cooperation by designated advocacy service providers with state agencies regarding abuse and neglect, unless a state entity is the subject of investigation; and

 

     (4)  Provisions enumerating rights for entities that are subject to oversight by designated advocacy service providers; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to Hawaii's congressional delegation, the Governor, Director of Health, Director of Human Services, President and Majority Leader of the United States Senate, and Speaker of the United States House of Representatives.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Developmental Disabilities; Advocacy