S.C.R. NO.



S.D. 1


H.D. 1







WHEREAS, sixty-two percent of individuals with developmental disabilities live with their family; and

WHEREAS, at least thirty percent of individuals with developmental disabilities who receive services from the Department of Health (DOH), Developmental Disabilities Division (DDD), live in licensed or certified residential settings; and

WHEREAS, DDD serves approximately 3,300 individuals with developmental disabilities, over 1,800 of which are served under the Title XIX Medicaid Home and Community-Based Services Waiver for individuals with developmental disabilities or mental retardation (DD/MR); and

WHEREAS, DDD has established a Waiver Policy Advisory Committee (PAC) to provide input and recommendations on the DD/MR waiver; and

WHEREAS, the State Council on Developmental Disabilities (Council) is a member of PAC; and

WHEREAS, at the recommendation of PAC and direction of the Council’s Executive Committee, the Council initiated meetings with DDD and DOH's Office of Health Care Assurance, self-advocates, family members, service providers, and other advocates to review current licensing requirements for various residential settings, including adult residential care homes, adult foster care homes, and developmental disabilities domiciliary care homes, and provisions in current statutes, administrative rules, policies, and directives which conflict with the principles of self-determination, the Olmstead decision, and Title II of the Americans with Disabilities Act; and

WHEREAS, Chapter 333F, Hawaii Revised Statutes, incorporates the principles of self-determination by giving individuals with developmental disabilities the authority to direct their own budget and service plan; and

WHEREAS, as individuals exercise their right to make choices and direct their own budget and service plan, a variety of residential options must be available; and

WHEREAS, the United States Supreme Court decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999) (Olmstead decision) provides an important legal framework to enable individuals with disabilities to live in the most integrated setting appropriate to their needs; and

WHEREAS, one of the goals of Hawaii’s Olmstead Plan states, "Each individual will be supported in finding an appropriate, affordable and accessible home of their choice in a timely and efficient manner;" and

WHEREAS, the number of individuals with challenging behaviors and dual diagnosis of developmental disabilities and mental illness who need additional support to live in the community is increasing; and

WHEREAS, inadequate funding in the service system creates a low supply of services, resulting in waiting lists and individuals choosing institutional care; and

WHEREAS, current Social Security income does not meet minimum wage requirements; and

WHEREAS, a recent local newspaper article reported that, "Hawaii is among the top eight states for growth in the over sixty-four population"; and

WHEREAS, there is an increase in the number of aging caregivers, resulting in a decrease in the option of living at home, thus decreasing residential options; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, the House of Representatives concurring, that the Council is requested to convene a Task Force to identify issues and solutions regarding individuals with developmental disabilities and their choice of residential setting; and

BE IT FURTHER RESOLVED that in identifying issues and solutions, the Task Force:

(1) Identify residential options available;

(2) Address individual choice and self-determination in increasing residential options, including residency in unlicensed homes for individuals with DD, such as adult residential care homes, adult foster homes, and developmental disabilities domiciliary care homes or those in the process of being licensed;

(3) Identify statutes, administrative rules, policies, and directives to revise to allow homes that are unlicensed, but determined to provide safe and healthy environments, as a residential option;

(4) Identify statutes, administrative rules, policies, and directives that need to be revised to reflect individual choice and assure civil rights, health, and safety; and

(5) Coordinate its activities with the Olmstead Task Force to prevent duplication of work; and

BE IT FURTHER RESOLVED that the Task Force include representatives from the following agencies, organizations, or affiliations:

(1) Individuals with developmental disabilities;

(2) Family members of individuals with developmental disabilities;

(3) DOH, Developmental Disabilities Division;

(4) DOH, Office of Health Care Assurance;

(5) DOH, Adult Mental Health Division;

(6) DOH, State Council on Developmental Disabilities;

(7) Department of Human Services, Social Services Division;

(8) Hawaii Disability Rights Center;

(9) Office of the Public Guardian;

(10) Residential services providers such as operators of adult residential care homes, developmental disabilities domiciliary care homes, and adult foster homes; and

(11) Support services providers; and

BE IT FURTHER RESOLVED that the Task Force is requested to submit its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2005; and

BE IT FURTHER RESOLVED that the Department of Health is requested to not take any action which would result in the relocation of any individuals with developmental disabilities without their consent from a home in which they reside merely because of the failure of the home to be licensed; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chair and Executive Administrator of the Hawaii State Council on Developmental Disabilities, Director of Health, Director of Human Services, President of the Hawaii Disability Rights Center, and Director of the Office of the Public Guardian.

Report Title:

Developmental Disabilities Task Force