REPORT TITLE:
Approp.; Child Protection


DESCRIPTION:
Appropriates funds for various programs and services for the
protection of children and families.  (SD3)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        175
THE SENATE                              S.B. NO.           S.D. 3
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

MAKING AN APPROPRIATION FOR THE PROTECTION OF CHILDREN AND
   FAMILIES.


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

 1                              PART I
 
 2                 PURPOSE AND LEGISLATIVE FINDINGS
 
 3      SECTION 1.  The purpose of this Act is to ensure that a
 
 4 continuum of services for the prevention of child abuse is
 
 5 available.
 
 6      The legislature is committed to preventing child abuse
 
 7 before it occurs.  Since child abuse is a complex problem with a
 
 8 multitude of causes, Hawaii's response to prevention must respond
 
 9 to a range of needs.
 
10      During the interim of the regular session of 1998, child
 
11 protection legislative roundtable discussions were convened to
 
12 suggest statutory, guideline, rule, regulation, and other changes
 
13 to improve Hawaii's child protective system.  Legislators, the
 
14 departments of human services, health, and the attorney general,
 
15 the judiciary, private non-profit child and family serving
 
16 agencies, and concerned individuals communicated and collaborated
 
17 with one another, on behalf of abused and neglected children and
 
18 their families, to develop formal and informal mechanisms for
 
19 working together.
 

 
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 1      As a coordinated response, the roundtable cohesively
 
 2 designed a comprehensive strategy comprised of community-based
 
 3 programs to prevent child abuse.  Reflective of the phases of the
 
 4 family life cycle, the approach provides children and parents
 
 5 with the education and support necessary for healthy family
 
 6 functioning.
 
 7                              PART II
 
 8         DEPARTMENT OF HEALTH ADMINISTRATIVE EXPENDITURES
 
 9      SECTION 2.  The legislature finds that section 321-341,
 
10 Hawaii Revised Statutes, permits the department of health to
 
11 conduct multidisciplinary and multiagency reviews of child deaths
 
12 in order to reduce the incidence of preventable child deaths.
 
13 The primary intent of child death reviews is to gain a better
 
14 understanding about deaths resulting from, among other things,
 
15 child abuse and neglect.  An accurate understanding of the cause
 
16 of death allows for the creation of more effective and earlier
 
17 prevention policies in order to avoid future deaths of Hawaii's
 
18 children and youth.  Prevention efforts which are based upon
 
19 accurate data can be evaluated to assure more effective outcomes
 
20 for Hawaii's children.
 
21      SECTION 3.  The department of health is authorized to
 
22 establish and fill one and one-half permanent professional
 
23 positions exempt from chapters 76 and 77, Hawaii Revised
 

 
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 1 Statutes, to carry out the purposes of section 321-341, Hawaii
 
 2 Revised Statutes.
 
 3      SECTION 4.  There is appropriated out of the general
 
 4 revenues of the State of Hawaii the sum of $       , or so much
 
 5 thereof as may be necessary for fiscal year 1999-2000, and the
 
 6 sum of $       , or so much thereof as may be necessary for
 
 7 fiscal year 2000-2001, for the establishment of one and one-half
 
 8 full time equivalent (1.5 FTE) positions and operating expenses
 
 9 to assure continuous implementation of the child death review
 
10 teams.
 
11      SECTION 5.  The sums appropriated shall be expended by the
 
12 department of health for the purposes of this Act.
 
13                             PART III
 
14  DEPARTMENT OF THE ATTORNEY GENERAL ADMINISTRATIVE EXPENDITURES
 
15      SECTION 6.  The legislature finds that the department of the
 
16 attorney general lacks the sufficient number of staff to
 
17 adequately carry out its functions relating to chapter 587,
 
18 Hawaii Revised Statutes.
 
19      The purpose of this part is to appropriate funds to
 
20 establish and fill three permanent deputy attorney general
 
21 positions to carry out the purposes of chapter 587, Hawaii
 
22 Revised Statutes.
 
23      SECTION 7.  The department of the attorney general is
 

 
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 1 authorized to establish and fill three permanent deputy attorney
 
 2 general positions exempt from chapters 76 and 77, Hawaii Revised
 
 3 Statutes, to carry out the purposes of chapter 587, Hawaii
 
 4 Revised Statutes.
 
 5      SECTION 8.  There is appropriated out of the general
 
 6 revenues of the State of Hawaii the sum of $       , or so much
 
 7 thereof as may be necessary for fiscal year 1999-2000, and the
 
 8 sum of $       , or so much thereof as may be necessary for
 
 9 fiscal year 2000-2001, for the establishment of three full-time
 
10 equivalent (3.00 FTE) permanent deputy attorney general positions
 
11 and support staff for the family law division of the department
 
12 of the attorney general; provided that the department of human
 
13 services shall annually reimburse the department of the attorney
 
14 general $60,000, or thirty-three and one-third per cent of the
 
15 total appropriation, from federal funds.
 
16      SECTION 9.  The sums appropriated shall be expended by the
 
17 department of the attorney general for the purposes of this Act.
 
18                              PART IV
 
19               MEDICAL/HEALTH CASE MANAGEMENT SYSTEM
 
20      SECTION 10.  The legislature finds that medical management
 
21 of child protective services children is complicated and has been
 
22 wholly dependent on the individual social worker's priority
 
23 assignments.  Problems already exist in the medical management of
 

 
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 1 these children, including:
 
 2      (1)  When a child protective services child is assigned a
 
 3           new physician, the physician is not informed until the
 
 4           child comes in for an office visit, and the child
 
 5           usually has little to no medical information at the
 
 6           time of the visit;
 
 7      (2)  The physician often has little to no communication with
 
 8           the child protective services social worker or foster
 
 9           parent because children are often transported to
 
10           appointments by a transport worker;
 
11      (3)  When a child is discharged from the hospital with a
 
12           diagnosis of child abuse, follow-up with the child's
 
13           doctor and other specialists is almost always needed.
 
14           There is no system in place to ensure this gets done.
 
15           Furthermore, these follow-ups are sometimes overlooked;
 
16           and
 
17      (4)  When a multidisciplinary team meeting is held, there
 
18           are often medical problems identified that need to be
 
19           addressed.  There is no system in place to ensure that
 
20           these problems are followed up.
 
21      While child welfare services has amended its procedures to
 
22 comply with Act 134, Session Laws of Hawaii 1998, increasing even
 
23 more is the complex medical management that is expected of the
 

 
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 1 social worker.  The legislature finds that more needs to be done
 
 2 to ensure that mandated health exams occur, or that communication
 
 3 and follow-up are enhanced.
 
 4      The purpose of this part is to appropriate funds to
 
 5 establish a medical/health case management system.
 
 6      SECTION 11.  The department of human services is authorized
 
 7 to establish and fill one half-time equivalent (0.5 FTE)
 
 8 permanent physician position exempt from chapters 76 and 77,
 
 9 Hawaii Revised Statutes, to carry out sections 587-85 and 587-86,
 
10 Hawaii Revised Statutes.
 
11      SECTION 12.  There is appropriated out the general funds of
 
12 the State of Hawaii the sum of $      , or so much thereof as may
 
13 be necessary for fiscal year 1999-2000, and $      , or so much
 
14 there of as may be necessary for fiscal year 2000-2001, for the
 
15 establishment of one half-time equivalent (0.5 FTE) permanent
 
16 physician position for ongoing consultation and forensic review
 
17 of cases to prevent further child abuse and neglect; provided
 
18 that funds shall be allocated to a child protection
 
19 multidisciplinary team for the implementation of the medical and
 
20 health case management system.
 
21      SECTION 13.  The sums appropriated shall be expended by the
 
22 department of human services for the purpose of this Act.
 
23      SECTION 14.  There is appropriated out of the general funds
 

 
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 1 of the State of Hawaii the sum of $       , or so much thereof as
 
 2 may be necessary for fiscal year 1999-2000, and $       , or so
 
 3 much thereof as may be necessary for fiscal year 2000-2001, to
 
 4 fill eleven vacant public health nursing positions within the
 
 5 department of health for the implementation of the medical and
 
 6 health case management system.
 
 7      SECTION 15.  The sums appropriated shall be expended by the
 
 8 department of health for the purposes of this Act.
 
 9                              PART V
 
10                   HAWAII CHILDREN'S TRUST FUND
 
11      SECTION 16.  The Hawaii children's trust fund, chapter 350B,
 
12 Hawaii Revised Statutes, was established in 1993 to serve as a
 
13 medium for a public-private partnership for family strengthening
 
14 to prevent child abuse and neglect.  The fund makes grants to
 
15 private, nonprofit organizations, public agencies, or qualified
 
16 persons in order to provide community-based services and
 
17 education designed to strengthen families and prevent child abuse
 
18 and neglect.  The fund also serves as a mechanism to maximize
 
19 financial resources for this endeavor by serving as a repository
 
20 for federal and state funds, as well as private contributions
 
21 from corporations and other businesses, foundations, individuals,
 
22 and other interested parties.
 
23      The purpose of this part is to appropriate funds to the
 

 
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 1 Hawaii children's trust fund for child abuse and neglect
 
 2 prevention services.
 
 3      SECTION 17.  There is appropriated out of the general
 
 4 revenues of the State of Hawaii the sum of $         , or so much
 
 5 thereof as may be necessary for fiscal year 1999-2000, and
 
 6 $         , or so much thereof as may be necessary for fiscal
 
 7 year 2000-2001, for the Hawaii children's trust fund, established
 
 8 under section 350B-2, Hawaii Revised Statutes.
 
 9      SECTION 18.  The sums appropriated shall be expended by the
 
10 department of health for the purposes of this Act.
 
11                              PART VI
 
12                           HEALTHY START
 
13      SECTION 19.  The legislature finds that the prevention of
 
14 child abuse and neglect of young children during their formative
 
15 years is imperative as research on early brain development
 
16 indicates that "by age three, a child who has been seriously
 
17 abused or neglected bears scars that are difficult, it not
 
18 impossible, to erase."
 
19      The legislature further finds that the Healthy Start program
 
20 has been an integral factor in mitigating the number of child
 
21 abuse cases in the State by providing intensive support to
 
22 at-risk families from the onset.  In fact, the rate of children
 
23 hospitalized for abuse and neglect on Oahu is four times higher
 

 
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 1 per thousand, among families who do not receive support from
 
 2 Healthy Start.  However, the legislature also finds that funding
 
 3 for Healthy Start has been reduced by thirty per cent, and a
 
 4 "sister program," Mother Infant Support Team, was cut entirely.
 
 5      The legislature recognizes the importance of funding such
 
 6 programs that provide necessary services to children and their
 
 7 families.  Although hospital-based risk screening is proposed to
 
 8 be increased to reach all families of newborns, as part of the
 
 9 Felix consent decree, there is no provision for funds for
 
10 services for families identified as at-risk through this process.
 
11      The purpose of this part is to appropriate funds for
 
12 services for families identified as "at risk".
 
13      SECTION 20.  There is appropriated out of the general
 
14 revenues of the State of Hawaii the sum of $         , or so much
 
15 thereof as may be necessary for fiscal year 1999-2000, and
 
16 $         , or so much thereof as may be necessary for fiscal
 
17 year 2000-2001, for the Healthy Start program for services for
 
18 families identified as "at-risk".
 
19      SECTION 21.  The sums appropriated shall be expended by the
 
20 department of health for the purposes of this Act.
 
21                             PART VII
 
22                SUBSTANCE ABUSE TREATMENT SERVICES
 
23        FOR PREGNANT AND PARENTING WOMEN AND THEIR FAMILIES
 

 
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 1      SECTION 22.  The legislature finds that families are the
 
 2 foundation upon which our society is built.  Mothers, in
 
 3 particular, have a profound influence as the ones responsible in
 
 4 large part for the development and growth of their children.
 
 5      Substance abuse can have a devastating effect on families,
 
 6 especially if the mother has a substance abuse problem.  A
 
 7 substance-abusing mother would not be able to discern whether a
 
 8 child is in need of protection from harm or abuse.  In fact, a
 
 9 substance-abusing mother may not even be aware that she is the
 
10 one responsible for harming her own child.
 
11      The purpose of this part is to increase funding for
 
12 substance abuse treatment services to assist pregnant women,
 
13 mothers, and their families involved in the child protective
 
14 services system.
 
15      SECTION 23.  The purpose of this section is to ensure the
 
16 availability of substance abuse treatment for pregnant and
 
17 parenting women and their families through department of human
 
18 services functions and services.  Implementation of section 22 of
 
19 this Act during each fiscal year in the 1999-2001 fiscal
 
20 biennium, shall be funded from the appropriation authorized under
 
21 this section, and shall provide the following services:
 
22      (1)  Comprehensive substance abuse
 
23           treatment services, including six certified
 

 
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 1           substance abuse counselors and training
 
 2           for program staff                              $       
 
 3      (2)  Assessments                                            
 
 4      There is appropriated out of the general revenues of the
 
 5 State of Hawaii the sum of $       , or so much thereof as may be
 
 6 necessary for fiscal year 1999-2000, and the sum of $       , or
 
 7 so much thereof as may be necessary for fiscal year 2000-2001, to
 
 8 provide substance abuse treatment services for pregnant and
 
 9 parenting women and their families.
 
10      SECTION 24.  The sums appropriated shall be expended by the
 
11 department of human services for the purposes of this Act.
 
12      SECTION 25.  The purpose of this section is to ensure the
 
13 availability of substance abuse treatment for pregnant and
 
14 parenting women and their families through department of health
 
15 functions and services.  Implementation of this section during
 
16 each fiscal year in the 1999-2001 fiscal biennium, shall be
 
17 funded from the appropriation authorized under this section, and
 
18 shall provide the following services:
 
19      (1)  Babysafe                                       $       
 
20      (2)  Early intervention                                     
 
21      (3)  Treatment services, including
 
22           therapeutic living and intensive
 
23           outpatient treatment                                   
 

 
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 1      (4)  Special residential treatment
 
 2           facility                                               
 
 3      (5)  Unfunded beds                                          
 
 4      (6)  Maui intensive outpatient treatment
 
 5           programs                                               
 
 6      (7)  Oahu intensive outpatient treatment
 
 7           programs                                               
 
 8      There is appropriated out of the general revenues of the
 
 9 State of Hawaii the sum of $         , or so much thereof as may
 
10 be necessary for fiscal year 1999-2000, and the sum of
 
11 $         , or so much thereof as may be necessary for fiscal
 
12 year 2000-2001, to provide substance abuse treatment services for
 
13 pregnant and parenting women and their families.
 
14      SECTION 26.  The sums appropriated shall be expended by the
 
15 department of health for the purposes of this Act.
 
16                             PART VIII
 
17                       BLUEPRINT FOR CHANGE
 
18      SECTION 27.  The legislature finds that one of the
 
19 recommendations of a 1994-1996 task force on child protective
 
20 services reform was to implement a community partnership for
 
21 child protection.  A major component of this partnership was to
 
22 be the establishment of the neighborhood place to deliver
 
23 diversion services and child protective services to targeted
 

 
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 1 families.
 
 2      The neighborhood place provides a community-based center for
 
 3 services and community support for abused or neglected children
 
 4 and their families as well as for families at-risk of child
 
 5 abuse.  Each neighborhood place has been patterned around the
 
 6 needs of the specific community and has included a physical site
 
 7 for these families to work with private and public service
 
 8 providers.  A wide range of services and resources are available
 
 9 from early response to continued services for families already
 
10 facing problems.
 
11      Limited start-up funding for neighborhood place sites in
 
12 West Hawaii and Waipahu were obtained through local foundation
 
13 grants and federal Title IVB moneys.  However, without continued
 
14 funding for the pilot period, the neighborhood places will not be
 
15 able to model the system reform that the task force and the
 
16 legislature recommended.
 
17      The purpose of this part is to appropriate funds to
 
18 establish additional neighborhood places.
 
19      SECTION 28.  There is appropriated out of the general
 
20 revenues of the State of Hawaii the sum of $       , or so much
 
21 thereof as may be necessary for fiscal year 1999-2000, and the
 
22 sum of $       , or so much thereof as may be necessary for
 
23 fiscal year 2000-2001, for staffing and services for the
 

 
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 1 neighborhood places.
 
 2      SECTION 29.  The sums appropriated shall be expended by the
 
 3 department of human services for the purposes of this Act.
 
 4                              PART IX
 
 5                          FOSTER PARENTS
 
 6      SECTION 30.  The department of human services is responsible
 
 7 for ensuring that prospective foster and adoptive parents are
 
 8 prepared for their new roles.  As such, the department is
 
 9 responsible for administering a training program for all foster
 
10 parents and adoptive parents seeking general certification or
 
11 approval as parents.
 
12      The legislature finds that the Foster PRIDE/Adopt PRIDE
 
13 program is a competency-based, comprehensive pre-service training
 
14 and assessment program for prospective foster and adoptive
 
15 parents, which has been recognized by the department of human
 
16 services.  This program can provide the basis for a training
 
17 program for prospective foster and adoptive parents in the State.
 
18      The purpose of this part is to allow the department of human
 
19 services to contract with a provider to:
 
20      (1)  Increase the pool of foster homes and adoptive homes
 
21           for better matching of children in need of out-of-home
 
22           care; and
 
23      (2)  Strengthen the quality of family foster care and
 

 
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 1           adoptive services by providing a standardized,
 
 2           consistent framework for the competency-based training,
 
 3           preparation, and selection of foster parents and
 
 4           adoptive parents.
 
 5      SECTION 31.  There is appropriated out of the general
 
 6 revenues of the State of Hawaii the sum of $          , or so
 
 7 much thereof as may be necessary for fiscal year 1999-2000, and
 
 8 the sum of $           , or so much thereof as may be necessary
 
 9 for fiscal year 2000-2001, for:
 
10      (1)  Foster parent training for foster parents of licensed
 
11           foster homes;
 
12      (2)  Foster parent training for relative foster parents of
 
13           special licensed foster homes; and
 
14      (3)  Follow-up foster parent training for foster parents of
 
15           licensed foster homes.
 
16      SECTION 32.  There is appropriated out of the general
 
17 revenues of the State of Hawaii the sum of $           , or so
 
18 much thereof as may be necessary for fiscal year 1999-2000, and
 
19 the sum of $          , or so much thereof as may be necessary
 
20 for fiscal year 2000-2001, to increase foster board payments for
 
21 children with special needs.
 
22      SECTION 33.  The sums appropriated shall be expended by the
 
23 department of human services for the purposes of this Act.
 

 
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 1                              PART X
 
 2                   PSYCHOSOCIAL SUPPORT SERVICES
 
 3      SECTION 34.  The legislature finds that intervention
 
 4 services is a key factor in preventing stressful situations in
 
 5 the home from escalating to unmanagable proportions.  The
 
 6 legislature finds that two programs--the parent line and home
 
 7 reach--have been successful in providing a healthy outlet for
 
 8 families to express their concerns and anger with regard to child
 
 9 management, development, and behavior.  Both programs have been
 
10 successful in giving much-needed support and respite to families.
 
11      The parent line provides counseling, support, and community
 
12 referrals to over four thousand parents and caregivers that have
 
13 questions regarding their childrens' development and behavior.
 
14 Home Reach provides short-term home visitation to four hundred
 
15 families identified through the parent line as being at risk for
 
16 social, emotional, or behavioral programs.  Those persons using
 
17 the services of the home reach program require family
 
18 intervention beyond a phone call to resolve a family parenting
 
19 concern or crisis.
 
20      The legislature finds that the parent line and home reach
 
21 are overburdened due to the increase in the number of clients
 
22 requiring their services.
 
23      The purpose of this part is to appropriate the necessary
 

 
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 1 funds to broaden the scope of the parent line and home reach to
 
 2 properly service the needs of the community.
 
 3      SECTION 35.  There is appropriated out of the general
 
 4 revenues of the State of Hawaii the sum of $       , or so much
 
 5 thereof as may be necessary for fiscal year 1999-2000, and the
 
 6 sum of $       , or so much thereof as may be necessary for
 
 7 fiscal year 2000-2001, in increase the capacity of the parent
 
 8 line and home reach services to properly service the needs of the
 
 9 community.
 
10      SECTION 36.  The sums appropriated shall be expended by the
 
11 department of health for the purposes of this Act.
 
12      SECTION 37.  All specified sums in this Act shall be in
 
13 addition to the respective departmental budgets.
 
14                              PART XI
 
15      SECTION 38.  The legislature finds that child abuse and
 
16 neglect are a root cause of many serious social problems,
 
17 including emotional and mental health problems, alcohol and drug
 
18 abuse and addiction, delinquency, and crime.  Child abuse
 
19 continues to escalate with fifteen thousand reports and over five
 
20 thousand cases investigated annually in Hawaii.  The most severe
 
21 cases continue to be among the youngest, most vulnerable
 
22 children.
 
23      During the interim of the regular session of 1998, child
 

 
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 1 protection legislative roundtable discussions were convened to
 
 2 suggest statutory, guideline, rule, regulation, and other changes
 
 3 to improve Hawaii's child protective system.  Legislators, the
 
 4 departments of human services, health, and the attorney general,
 
 5 the judiciary, private nonprofit child and family serving
 
 6 agencies, and concerned individuals communicated and collaborated
 
 7 with one another, on behalf of abused and neglected children and
 
 8 their families, to develop formal and informal mechanisms for
 
 9 working together.
 
10      As a coordinated response to prevent and treat child abuse,
 
11 the roundtable cohesively suggested the following areas be
 
12 strengthened:
 
13      (1)  A medical case management system for the medical
 
14           oversight of children in the child protective services
 
15           system;
 
16      (2)  Standards for guardians ad litem charged to protect the
 
17           best interests of the child;
 
18      (3)  Mandated training for foster parents of licensed foster
 
19           homes;
 
20      (4)  Protective custody of a child without court order; and
 
21      (5)  Required reporting of child abuse and neglect.
 
22      The purpose of this Act is to improve Hawaii's child
 
23 protection system.
 

 
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 1      SECTION 39.  Chapter 587, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "587-    Medical and health case management.  (a)  There is
 
 5 established a medical and health case management system in the
 
 6 department of human services for the purpose of managing medical
 
 7 and health needs of children in the foster care system.
 
 8      (b)  The medical and health case management system shall:
 
 9      (1)  Establish a system of services providing timely medical
 
10           and health information to key providers of care to
 
11           foster children and identify a health care manager for
 
12           consistent follow-up to ensure that medical and health
 
13           needs are met;
 
14      (2)  Maintain a system of continuity of care for the medical
 
15           and health needs of children in the foster care system;
 
16      (3)  Maximize existing resources in the provision of medical
 
17           and health services to foster children; and
 
18      (4)  Research the enhancement of federal reimbursement for
 
19           care coordination services provided to foster children
 
20           from birth to age twenty."
 
21      SECTION 40.  Section 346-17, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "346-17  Child placing organizations, child caring
 

 


 

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 1 institutions, and foster boarding homes; authority over and
 
 2 investigation of.  No child placing organization shall engage in
 
 3 the investigation, placement, and supervision of minor children
 
 4 in foster care unless it meets with the standards of conditions,
 
 5 management, and competence as set by the department [of human
 
 6 services].
 
 7      No child caring institution shall be allowed to receive
 
 8 minor children for care and maintenance unless it meets with the
 
 9 standards of conditions, management, and competence to care for
 
10 and train children as set by the department.
 
11      No foster boarding home shall receive for care and
 
12 maintenance any child unless it meets with the standards of
 
13 conditions, management, and competence as set by the
 
14 department[.] and the foster boarding home applicants
 
15 successfully complete foster parent training.
 
16      The department shall [make] adopt rules relating to:
 
17      (1)  [standards] Standards for the organization and
 
18           administration of child placing organizations[,];
 
19      (2)  [standards] Standards of conditions, management, and
 
20           competence for the care and training of minor children
 
21           in child caring institutions[,] and foster boarding
 
22           homes; and
 
23      (3)  [standards] Standards of conditions and competence of
 

 
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 1           operation of foster boarding homes as may be necessary
 
 2           to protect the welfare of children.
 
 3      All rules of the department shall have the force and effect
 
 4 of law, and any violation thereof or of this section shall be
 
 5 punishable by a fine of not more than $200.
 
 6      As a condition for a certificate of approval, any
 
 7 organization, institution, or home shall meet the standards to
 
 8 assure the reputable and responsible character of its operators
 
 9 and employees by complying with the requirements of a criminal
 
10 history record check under section 346-19.6.
 
11      Upon approval of any such organization, institution, or
 
12 home, the department or its authorized agents shall issue a
 
13 certificate of approval [which] that shall continue in force for
 
14 one year or for two years if the organization, institution, or
 
15 home meets the criteria established by the department, unless
 
16 sooner revoked for cause.  The certificate shall be renewed by
 
17 the department or its authorized agents, after annual or biennial
 
18 investigation, if the investigation discloses that the
 
19 organization, institution, or home continues to meet with the
 
20 standards set by the department.  The certificate of approval
 
21 shall be a permit to operate the child placing organization,
 
22 child caring institution, or foster boarding home, and no person
 
23 or organization shall operate or maintain such organization,
 

 
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 1 institution, or home without the certificate.
 
 2      Any child placing organization, child caring institution, or
 
 3 foster boarding home shall be subject to investigation at any
 
 4 time and in such manner, place, and form as may be prescribed by
 
 5 the department or its authorized agents."
 
 6      SECTION 41.  Section 350-2, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "350-2 Action on reporting.(a)  Upon receiving a report
 
 9 concerning child abuse or neglect, the department shall proceed
 
10 pursuant to chapter 587 and the department's rules.
 
11      (b)  The department shall inform the appropriate police
 
12 department or office of the prosecuting attorney of all reports
 
13 received by the department concerning a case of child abuse or
 
14 neglect, including reports received under section 350-1.1;
 
15 provided that the name of a reporter, who requested that the
 
16 reporter's name be confidential, shall be released to a police
 
17 department or an office of the prosecuting attorney pursuant only
 
18 to court order.
 
19      [(b)] (c)  The department shall inform the appropriate
 
20 police department or office of the prosecuting attorney of the
 
21 relevant information concerning a case of child abuse or neglect
 
22 when [such] the information is required by the police department
 
23 or the office of the prosecuting attorney for the investigation
 

 
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 1 or prosecution of that case; provided that the name of a
 
 2 reporter, who requested that the reporter's name be confidential,
 
 3 shall only be released to a police department or an office of the
 
 4 prosecuting attorney pursuant to court order.
 
 5      [(c)] (d)  The department shall maintain a central registry
 
 6 of reported child abuse or neglect cases and shall promptly
 
 7 expunge the reports in cases if:
 
 8      (1)  The department has found the reports to be
 
 9           unsubstantiated; or
 
10      (2)  The petition arising from the report has been dismissed
 
11           by order of the family court after an adjudicatory
 
12           hearing on the merits pursuant to chapter 587.
 
13      For purposes of expungement under paragraph (1), a report is
 
14 unsubstantiated only when the department has found the
 
15 allegations to be frivolous or to have been made in bad faith.
 
16      However, the department may retain records and information
 
17 of alleged child abuse and neglect with respect to the child that
 
18 is the subject of the alleged abuse.
 
19      The department shall adopt rules as may be necessary in
 
20 carrying out this section."
 
21      SECTION 42.  Section 587-22, Hawaii Revised Statutes, is
 
22 amended by amending subsection (a) to read as follows:
 
23      "(a)  A police officer shall assume protective custody of a
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 child without a court order and without the consent of the
 
 2 child's family, regardless of whether the child's family is
 
 3 absent, if in the discretion of [such] the police officer, the
 
 4 child is in [such] a circumstance or condition that [the]:
 
 5      (1)  The child's continuing in the custody or care of the
 
 6           child's family presents a situation of imminent harm to
 
 7           the child[.]; or
 
 8      (2)  There is evidence that a parent or guardian of a child
 
 9           has subjected a child to harm or threatened harm and
 
10           that parent or guardian is likely to flee the
 
11           jurisdiction of the court with the child."
 
12      SECTION 43.  Section 587-34, Hawaii Revised Statutes, is
 
13 amended as follows:
 
14      "587-34  Guardian ad litem; court appointed counsel.(a)
 
15 The court shall appoint a guardian ad litem for the child to
 
16 serve throughout the pendency of the child protective proceedings
 
17 under this chapter.  The court may appoint additional counsel for
 
18 the child pursuant to subsection (c) or independent counsel for
 
19 any other party if [the]: 
 
20      (1)  The party is an indigent[, counsel];
 
21      (2)  Counsel is necessary to protect the party's interests
 
22           adequately[, and the]; and
 
23      (3)  The interests are not represented adequately by another
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1           party who is represented by counsel.
 
 2      (b)  A guardian ad litem shall:
 
 3      (1)  Be allowed access to the child by the caretakers of the
 
 4           child whether caretakers are individuals, authorized
 
 5           agencies, or health care providers;
 
 6      (2)  Have the authority to inspect and receive copies of any
 
 7           records, notes, and electronic recordings concerning
 
 8           the child that are relevant to the proceedings filed
 
 9           under this chapter without the consent of the child or
 
10           individuals and authorized agencies who have control of
 
11           the child; and
 
12      (3)  Be given notice of all hearings and proceedings, civil
 
13           or criminal, including[,] but not limited to[,] grand
 
14           juries, involving the child and shall protect the best
 
15           interests of the child [therein], unless otherwise
 
16           ordered by the court.
 
17      (c)  A guardian ad litem appointed pursuant to subsection
 
18 (a) shall report to the court and all parties in writing at six
 
19 month intervals, or as is otherwise ordered by the court,
 
20 regarding [such] the guardian ad litem's activities on behalf of
 
21 the child and recommendations concerning the manner in which the
 
22 court should proceed in the best interests of the child; provided
 
23 that [such] the guardian ad litem shall make face to face contact
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 with the child in the child's family or foster home at least once
 
 2 every three months.  A guardian ad litem shall inform the court
 
 3 of the child's perceived interests if they differ from those
 
 4 being advocated by the child's guardian ad litem.  If the child
 
 5 and the child's guardian ad litem are not in agreement, the court
 
 6 shall evaluate the necessity for appointing special counsel for
 
 7 the child to serve as the child's legal advocate concerning
 
 8 [such] issues and during [such] proceedings [as] that the court
 
 9 deems to be in the best interests of the child.
 
10      (d)  [When] If the court determines, after [such] any
 
11 hearing [as] that the court deems [to be] appropriate, that a
 
12 party is incapable of comprehending the legal significance of the
 
13 issues or the nature of the child protective proceedings, the
 
14 court may appoint a guardian ad litem to represent the interests
 
15 of that party; provided that a guardian ad litem appointed
 
16 pursuant to this section shall investigate and report to the
 
17 court in writing at six month intervals, or as is otherwise
 
18 ordered by the court, regarding the current status of the party's
 
19 disability, including[,] but not limited to[,] a recommendation
 
20 as to available treatment, if any, for the disability and a
 
21 recommendation concerning the manner in which the court should
 
22 proceed in order to best protect the interests of the party in
 
23 conjunction with the court's determination as to the best
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 interests of the child.
 
 2      (e)  A guardian ad litem or counsel appointed pursuant to
 
 3 this section for the child or other party may be paid [for] by
 
 4 the court, unless the party for whom counsel is appointed has an
 
 5 independent estate sufficient to pay [such] the costs.  The court
 
 6 may order the appropriate parties to pay or reimburse the costs
 
 7 and fees of the guardian ad litem and other counsel appointed for
 
 8 the child.
 
 9      (f)  No guardian ad litem shall be appointed to represent
 
10 any child unless the guardian ad litem has successfully completed
 
11 guardian ad litem training or has equivalent experience as
 
12 determined by the senior family court judge.
 
13      The judiciary shall issue orders or rules relating to
 
14 standards of training and practice for the representation of
 
15 minor children by a guardian ad litem.
 
16      All orders or rules of the judiciary shall have the force
 
17 and effect of law, and any violation of the orders or rules or of
 
18 this section shall be punishable by a fine of not more than
 
19 $200."
 
20      SECTION 44.  Section 587-72, Hawaii Revised Statutes, is
 
21 amended by amending subsection (c) to read as follows:
 
22      "(c)  Upon each review hearing, the court shall consider
 
23 fully all relevant prior and current information pertaining to
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 the safe family home guidelines, as set forth in section 587-25,
 
 2 including but not limited to[,] the report submitted pursuant to
 
 3 section 587-40, and:
 
 4      (1)  Determine whether the child's family is presently
 
 5           willing and able to provide the child with a safe
 
 6           family home without the assistance of a service plan
 
 7           and, if so, the court shall terminate jurisdiction;
 
 8      (2)  Determine whether the child's family is presently
 
 9           willing and able to provide the child with a safe
 
10           family home with the assistance of a service plan and,
 
11           if so, the court shall return the child or continue the
 
12           placement of the child in the child's family home under
 
13           the family supervision of the appropriate authorized
 
14           agency;
 
15      (3)  If the child's family home is determined, pursuant to
 
16           subsection (c)(2), not to be safe, even with the
 
17           assistance of a service plan, order that the child
 
18           remain or be placed under the foster custody of the
 
19           appropriate authorized agency; if the child has been
 
20           residing without the family home for a period of twelve
 
21           months or if there has been a [court ordered] court-
 
22           ordered service plan for a period of one year, the
 
23           court [may] shall set the case for a show cause hearing
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1           at which the child's family shall have the burden of
 
 2           presenting evidence to the court regarding the reasons
 
 3           and considerations [as] that the family has to offer as
 
 4           to why the case should not be set for a permanent plan
 
 5           hearing.  Upon a show cause hearing that the court
 
 6           deems to be appropriate, the court shall consider the
 
 7           criteria set forth in section 587-73(a)(1), (2), and
 
 8           (4)[,] or section 587-73(e), and:
 
 9           (A)  Set the case for a permanent plan hearing and
 
10                order that the authorized agency submit a report
 
11                pursuant to section 587-40; or
 
12           (B)  Proceed pursuant to this section;
 
13      (4)  Determine whether the parties have complied with,
 
14           performed, and completed every term and condition of
 
15           the service plan that was previously court ordered;
 
16      (5)  Order revisions to the existing service plan, after
 
17           satisfying section 587-71(h), [as] that the court, upon
 
18           a hearing that the court deems to be appropriate,
 
19           determines to be in the best interests of the child;
 
20           provided that a copy of the revised service plan shall
 
21           be incorporated as part of the order;
 
22      (6)  Enter further orders [as] that the court deems to be in
 
23           the best interests of the child; and
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1      (7)  Determine whether aggravated circumstances are present
 
 2           and, if so, the court shall set the case for a show
 
 3           cause hearing at which the child's family shall have
 
 4           the burden of presenting evidence to the court
 
 5           regarding the reasons and considerations as to why the
 
 6           case should not be set for a permanent plan hearing."
 
 7      SECTION 45.  If any provision of this Part, or the
 
 8 application thereof to any person or circumstance is held
 
 9 invalid, the invalidity does not affect other provisions or
 
10 applications of the Act which can be given effect without the
 
11 invalid provision or application, and to this end the provisions
 
12 of this Part are severable.
 
13      SECTION 46.  The penalty established in section 6 of this
 
14 Part shall not apply to any violation under section 587-34 that
 
15 occurs before the effective date of this Act.
 
16                             PART XII
 
17      SECTION 47.  The legislature finds that recent neuroscience
 
18 research demonstrates that the early years of a child are most
 
19 crucial in a child's cognitive, emotional, social, and physical
 
20 development, and affirmed that there are tremendous opportunities
 
21 for preventive work with children and families as well as the
 
22 predictable, costly consequences of not doing so.  The
 
23 legislature further finds that quality early childhood education
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 and child care which supports all aspects of early development by
 
 2 parents and care givers in a variety of settings, including child
 
 3 care centers, family child care, and in the homes of families and
 
 4 friends, is crucial to ensuring that every young child has a good
 
 5 beginning and does not lose the potential with which the child
 
 6 was born.
 
 7      The legislature adopted House Concurrent Resolution No. 38,
 
 8 1998, which endorsed six desired child outcomes as state policy,
 
 9 and encouraged private and public agencies serving children to
 
10 utilize these outcomes as a basis for policy and program
 
11 development.  This common set of outcomes focuses action and
 
12 accountability toward achieving positive results by improving the
 
13 qualify of life of children and youth, and establishing
 
14 indicators to measure progress in achieving these outcomes.
 
15 These six child outcomes are:
 
16      (1)  Every child will thrive physically--to be healthy from
 
17           birth with ongoing access to good health care, and have
 
18           a safe home, school, and community environment;
 
19      (2)  Every child will form positive relationships--to have
 
20           the attention of at least one caring adult and
 
21           supportive friendship with peers;
 
22      (3)  Every child will be prepared for and succeed in
 
23           school--to have developmentally nurturing care and
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1           early education opportunities, meet age appropriate
 
 2           knowledge and competencies, and graduate from high
 
 3           school;
 
 4      (4)  Every child will be culturally aware and appreciative
 
 5           of diversity;
 
 6      (5)  Every child and youth will choose responsible
 
 7           behaviors--to exhibit respect for oneself, others of
 
 8           every age, and society by refraining from drug use and
 
 9           from sexual and illegal activity; and
 
10      (6)  Every youth will develop marketable skills enabling a
 
11           successful transition into adulthood.
 
12      The legislature finds that as public and private agencies
 
13 address the third outcome, many facets of the early childhood
 
14 system are affected.  These fall into the areas of health,
 
15 education, and social services that overlap to support the family
 
16 and the child.
 
17      The legislature further finds that additional funding in
 
18 selected programs targeting key populations, strategically linked
 
19 together at the local level, can significantly enhance the
 
20 State's capacity to achieve these outcomes, as well as leverage
 
21 additional federal and private dollars.
 
22      The purpose of this Act is to:
 
23      (1)  Address a variety of these facets to improve the
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1           affordability, accessibility, and quality of early
 
 2           childhood services; and
 
 3      (2)  Provide coordination to the early childhood system.
 
 4                             PART XIII
 
 5      SECTION 48.  The legislature finds that one way to improve
 
 6 Hawaii's performance on the first, second, and third outcomes is
 
 7 to increase the supply and quality of child care.  One indicator
 
 8 of increased supply and quality of care is an increase in the
 
 9 number of providers receiving licenses or accreditation.  One
 
10 strategy to increase licensing and accreditation is to help
 
11 providers overcome the financial obstacles to starting or
 
12 expanding their child care business.
 
13      The purpose of this part is to establish a child care
 
14 facilities revolving loan fund to provide start-up or expansion
 
15 capital to family child care homes and centers that are licensed
 
16 or are seeking a license.
 
17      SECTION 49.  Chapter 346, Hawaii Revised Statutes, is
 
18 amended by adding a new section to part VIII to be appropriately
 
19 designated and to read as follows:
 
20      "346-    Child care facilities grant fund.  (a)  There is
 
21 established a grant fund to be known as the child care facilities
 
22 grant fund to be administered by the department.  The purpose of
 
23 the fund shall be to make grants, each not to exceed $25,000, as
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 start-up capital or as expansion capital for family child care
 
 2 homes or centers that are appropriately licensed or will become
 
 3 appropriately licensed.
 
 4      (b)  All moneys appropriated by the legislature for purposes
 
 5 of subsection (a) shall be deposited into the fund."
 
 6      SECTION 50.  There is appropriated out of the general
 
 7 revenues of the State of Hawaii the sum of $       , or so much
 
 8 thereof as may be necessary for fiscal year 1999-2000, to be paid
 
 9 into the child care facilities revolving loan fund established
 
10 under section 3 of this Act.
 
11      SECTION 51.  The sum appropriated shall be expended by the
 
12 department of human services for the purposes of this Act.
 
13                             PART XIV
 
14      SECTION 52.  The legislature finds that one way to improve
 
15 Hawaii's performance on the third outcome is to increase the
 
16 ability of working parents to place their children in quality
 
17 care.  Many working parents need financial assistance to pay for
 
18 the full cost of quality early childhood education and care.
 
19      The purpose of this part is to increase the number of child
 
20 care subsidies.
 
21      SECTION 53.  There is appropriated out of the general
 
22 revenues of the State of Hawaii the sum of $         , or so much
 
23 thereof as may be necessary for fiscal year 1999-2000, and the
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 sum of $         , or so much thereof as may be necessary for
 
 2 fiscal year 2000-2001, to increase the number of child care
 
 3 subsidies, pay administrative expenses, and to provide parent
 
 4 workshops to recipients of child care subsidies in each county,
 
 5 as follows:
 
 6                                    FY 1999-2000       FY 2000-2001
 
 7      City and County of Honolulu     $                   $
 
 8      County of Maui                                     
 
 9      County of Hawaii                                   
 
10      County of Kauai                                    
 
11 provided that:
 
12      (1)  Each county may allocate up to fifteen per cent of the
 
13           sum appropriated for administrative expenses incurred
 
14           in the disbursement of child care subsidies;
 
15      (2)  Subsidies shall be granted to families with incomes up
 
16           to eighty-five per cent of the state median income;
 
17      (3)  The amount of each subsidy shall be based on family
 
18           income on an inverse sliding scale, including a parent
 
19           co-payment; and
 
20      (4)  Receipt of a subsidy shall be contingent on applicant
 
21           families to attend a parent workshop.
 
22      SECTION 54.  The sums appropriated shall be expended by the
 
23 appropriate counties for the purposes of this Act.
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1                              PART XV
 
 2      SECTION 55.  The legislature finds that one way to make
 
 3 progress towards the outcome that every child will be prepared
 
 4 for and succeed in school is to increase the number of accredited
 
 5 child care programs.  An accredited program is acknowledged to be
 
 6 one that places emphasis on the quality of interactions between
 
 7 teachers and children, and the developmental appropriateness of
 
 8 the curriculum.  Health and safety, staffing, staff
 
 9 qualifications, physical environment, and administration are all
 
10 reviewed during the accreditation.
 
11      The legislature further finds that the accreditation
 
12 mentoring of early childhood programs provides support for those
 
13 interested in seeking accreditation, and develops mentoring and
 
14 leadership skills among early childhood professionals.
 
15      The purpose of this part is to expand the accreditation-
 
16 mentor project for early childhood programs.
 
17      SECTION 56.  There is appropriated out the general revenues
 
18 of the State of Hawaii the sum of $       , or so much thereof as
 
19 may be necessary for fiscal year 1999-2000, and the sum of
 
20 $       , or so much thereof as may be necessary for fiscal year
 
21 2000-2001, to expand and continue the accreditation-mentor
 
22 project for early childhood programs, as follows:
 
23                                    FY 1999-2000       FY 2000-2001
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1      City and County of Honolulu     $                  $
 
 2      County of Maui                                     
 
 3      County of Kauai                                    
 
 4      County of Hawaii                                   
 
 5      SECTION 57.  The sums appropriated shall be expended by the
 
 6 appropriate counties for the purposes of this Act.
 
 7                             PART XVI
 
 8      SECTION 58.  The legislature finds that public and private
 
 9 resources are needed to achieve the child outcomes adopted as
 
10 state policy in House Concurrent Resolution No. 38, 1998.  Act
 
11 77, Session Laws of Hawaii 1997, acknowledged a performance
 
12 partnership among government, the business community, the
 
13 philanthropic sector, providers of quality care, and parents,
 
14 known as the good beginnings alliance.
 
15      The good beginnings alliance has been incorporated as a non-
 
16 profit entity that works through four good beginnings county
 
17 councils and an interdepartmental council.  The good beginnings
 
18 alliance partners work to implement strategies in good beginnings
 
19 county plans and in the state early childhood master plan that
 
20 support progress towards the child outcomes and key indicators
 
21 and benchmarks of those outcomes.
 
22      In order to continue the development and coordination of
 
23 quality early childhood education and care services, the
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 legislature finds that this public-private partnership requires
 
 2 public funding to match the private funding acquired to date.
 
 3      The purpose of this part is to continue coordination and
 
 4 implementation of the good beginnings alliance initiative.
 
 5      SECTION 59.  There is appropriated out of the general
 
 6 revenues of the State of Hawaii the sum of $       , or so much
 
 7 thereof as may be necessary for fiscal year 1999-2000, and the
 
 8 sum of $       , or so much thereof as may be necessary for
 
 9 fiscal year 2000-2001, for the coordination and implementation of
 
10 the good beginnings alliance initiative, established under
 
11 Act 77, Session Laws of Hawaii 1997; provided that funds shall be
 
12 matched by private sources for the purpose for which these sums
 
13 are appropriated.
 
14      SECTION 60.  The sums appropriated shall be expended by the
 
15 department of human services for the purposes of this Act.
 
16                             PART XVII
 
17      SECTION 61.  The legislature finds that support for a
 
18 child's healthy and educational development is critical when the
 
19 child is very young.  The best place to start is with the
 
20 empowerment of parents in their roles as parents and teachers in
 
21 the home.
 
22      Families for REAL (resources for early access to learning)
 
23 is a school-based family education program of courses and
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 activities for all families and their children between the ages
 
 2 of birth and five years.  The program is based on Minnesota's
 
 3 family education model which has proven to have a positive effect
 
 4 on parenting and the well-being of children.  It recognizes that
 
 5 families provide their children's first and most important
 
 6 learning environments, and that parents are their children's
 
 7 first and most significant teachers.  Participation by families
 
 8 is voluntary and services are offered free.
 
 9      Parents and their children attend age and developmentally
 
10 appropriate classes once a week for nine weeks.  They share and
 
11 learn critical parenting and teaching skills, network with each
 
12 other, learn about community resources, and become aware of what
 
13 they can do to nurture healthy children and to help children to
 
14 learn.
 
15      In addition to the program's regular courses, special
 
16 interest classes are offered on such topics as stress management,
 
17 building strong families, child development, sibling rivalry,
 
18 esteem, and language development.
 
19      The legislature further finds that in school year 1997-1998,
 
20 three sites, Pearl City Highlands, Kapunahala, and Wailuku
 
21 Elementary, provided direct services to 4,077 individuals.  The
 
22 long-range plan is to have a total of fourteen sites, one site
 
23 per area served by each of the eleven community schools for
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 adults plus one site each on the islands of Molokai and Lanai,
 
 2 and Kona, Hawaii.
 
 3      The legislature further finds that this is a cost-effective
 
 4 program based on the fact that the average cost-per-person served
 
 5 is $108.  The legislature also finds that the program attracts
 
 6 families from all socioeconomic backgrounds, that forty to fifty
 
 7 per cent of the participant families are identified as families
 
 8 at-risk, and that all the families have much to learn from and
 
 9 with each other.
 
10      The purpose of this part is to appropriate funds to expand
 
11 families for REAL.
 
12      SECTION 62.  There is appropriated out of the general
 
13 revenues of the State of Hawaii the sum of $       , or so much
 
14 thereof as may be necessary for fiscal year 1999-2000, for the
 
15 expansion of families for REAL to Kapalama, King Kamualii, Pearl
 
16 Ridge, and Waiakea elementary schools, and the sum of $       ,
 
17 or so much thereof as may be necessary for fiscal year 2000-2001,
 
18 for the expansion of families for REAL to four additional school
 
19 sites.
 
20      SECTION 63.  The sums appropriated shall be expended by the
 
21 department of education for the purposes of this Act.
 
22                            PART XVIII
 
23      SECTION 64.  The legislature finds that in order for every
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 child to thrive physically and be prepared for and succeed in
 
 2 school, there needs to be more opportunity for families with at-
 
 3 risk children to receive infant and child monitoring, screening,
 
 4 and additional community referrals to meet their needs before
 
 5 entering public education programs.
 
 6      One such opportunity is the keiki/family interactive mobile
 
 7 units that provide an easily accessible early education and
 
 8 intervention service to families with children from birth to five
 
 9 years of age.  The program supports the parent as a child's first
 
10 teacher and brings age appropriate activities to neighborhood
 
11 parks or other accessible sites, facilitating bonding,
 
12 communication skills, normal growth and development, and
 
13 cognitive stimulation.  Parent education activities are included
 
14 as well.
 
15      The program provides a non-threatening, culturally relevant,
 
16 learning environment for at-risk children from birth to five
 
17 years of age and their parents through which screening and
 
18 appropriate community referrals can be made for health,
 
19 nutrition, education, parenting skills, and psychological needs.
 
20      Although these units were contracted to provide direct
 
21 service to four hundred individuals during 1997-1998, by the
 
22 completion of the year, a total of 1,147 (358 adults and 789
 
23 children) were served, demonstrating the need for the program.
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 Presently, the keiki/family interactive mobile units are offering
 
 2 services to select areas of need across the State focusing on
 
 3 homeless, isolated, or rural families as a priority.  Those
 
 4 locations are as follows:
 
 5      (1)  Island of Kauai:       Koloa;
 
 6      (2)  Island of Oahu:        Wahiawa, Makiki, Loliana
 
 7                                  Transitional Housing, Maililand
 
 8                                  Transitional Housing, and
 
 9                                  Weinberg Transitional Housing
 
10                                  Waimanalo;
 
11      (3)  Island of Lanai:       Lanai City;
 
12      (4)  Island of Maui:        Harbor Lights Housing, Malama
 
13                                  Recovery Center, and Lahaina;
 
14      (5)  Island of Hawaii:      Hilo Emergency Shelter, and
 
15                                  Kawaihae Transitional Housing.
 
16      The legislature further finds that an increase in funding
 
17 will provide additional families the opportunity to participate
 
18 in the keiki/family interactive mobile unit services at the
 
19 following sites:
 
20      (1)  Island of Kauai:       Kapaa;
 
21      (2)  Island of Oahu:        Kalihi/Palama/Liliha, Institute
 
22                                  for Human Services, North Shore,
 
23                                  Makaha, Kailua, and Waianae;
 

 
Page 43                                                    175
                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1      (3)  Island of Maui:        Wailuku;
 
 2      (4)  Island of Molokai:     One site;
 
 3      (5)  Island of Hawaii:      Pahoa, Hilo, and Kona.
 
 4      The legislature further finds that the increase in service
 
 5 delivery would also provide additional resources for
 
 6 developmental screening of children as well as community
 
 7 referrals to identify and meet the needs of at-risk children
 
 8 before entering the department of education.  Through these added
 
 9 funds, collaboration with agencies such as the good beginnings
 
10 alliance could be increased.
 
11      The purpose of this part is to increase the capacity of the
 
12 keiki/family interactive mobile units.
 
13      SECTION 65.  There is appropriated out of the general
 
14 revenues of the State of Hawaii the sum of $       , or so much
 
15 thereof as may be necessary for fiscal year 1999-2000, and the
 
16 sum of $       , or so much thereof as may be necessary for
 
17 fiscal year 2000-2001, to increase the capacity of the
 
18 keiki/family interactive mobile units.
 
19      SECTION 66.  The sums appropriated shall be expended by the
 
20 department of health for the purposes of this Act.
 
21                             PART XIX
 
22      SECTION 67.  The legislature finds that earning a high
 
23 school degree is one of the key factors which can assist teen
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 parents and their families to become self-sufficient, create
 
 2 opportunities for themselves and their children, and maximize
 
 3 their life potential.  The support needed to assist teen parents
 
 4 to complete high school is cost effective in the long run -- for
 
 5 every teen who is able to become self-sufficient, over $20,000
 
 6 annually in welfare benefits are saved.
 
 7      The legislature further finds that access to child care is a
 
 8 systemic barrier that prevents many teen mothers and some teen
 
 9 fathers who have not completed high school from going to school.
 
10 In Hawaii, teen pregnancy affects approximately 1,850 teens age
 
11 twelve through eighteen each year, of which over approximately
 
12 1,150 result in live births.  It is estimated that up to four
 
13 hundred parenting students who have not finished high school may
 
14 need assistance with child care.
 
15      The purpose of this part is to provide child care for
 
16 parenting teens so they may complete high school and pursue
 
17 vocational training.
 
18      SECTION 68.  There is appropriated out of the general
 
19 revenues of the State of Hawaii the sum of $         , or so much
 
20 thereof as may be necessary for fiscal year 1999-2000, and the
 
21 sum of $          , or so much thereof as may be necessary for
 
22 fiscal year 2000-2001, for child care for parenting teens.
 
23      SECTION 69.  The sums appropriated shall be expended by the
 

 
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                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 department of education for the purposes of this Act.
 
 2                              PART XX
 
 3      SECTION 70.  There is a national effort for child care
 
 4 providers both in family-care settings and center-based settings
 
 5 to be minimally qualified to work with children from birth
 
 6 through age five.  Caregivers must demonstrate their ability to
 
 7 nurture children's physical, social, emotional, and intellectual
 
 8 growth in a child development framework.  The proof of their
 
 9 competence is the child development associate credential.
 
10      The legislature finds that approximately one hundred
 
11 individuals are estimated to need financial assistance in
 
12 obtaining their child development associate credential.  Current
 
13 cost for the application packet and assessment for credentialing
 
14 is $350 per person.  This is a minimal cost as there may be other
 
15 requirements that must be met, depending on the applicant's
 
16 readiness, training, and experience.
 
17      The purpose of this part is to subsidize the cost of
 
18 obtaining a child development associate credential.
 
19      SECTION 71.  There is appropriated out of the general
 
20 revenues of the State of Hawaii the sum of $      , or so much
 
21 thereof as may be necessary for fiscal year 1999-2000, and the
 
22 sum of $      , or so much thereof as may be necessary for fiscal
 
23 year 2000-2001, to provide financial assistance in attaining a
 

 
Page 46                                                    175
                                     S.B. NO.           S.D. 3
                                                        
                                                        

 
 1 child development associate credential.
 
 2      SECTION 72.  The sums appropriated shall be expended by the
 
 3 department of human services for the purposes of the Act.
 
 4      SECTION 73.  If any provision of this Act, or the
 
 5 application thereof to any person or circumstance is held
 
 6 invalid, the invalidity does not affect other provisions or
 
 7 applications of the Act which can be given effect without the
 
 8 invalid provision or application, and to this end the provisions
 
 9 of this Act are severable.
 
10      SECTION 74.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 75.  This Act shall take effect on July 1, 1999.