THE SENATE

S.C.R. NO.

140

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

requesting the department of health to conduct a study of Adult residential care homes.

 

 


     WHEREAS, an adult residential care home is defined under section 321‑15.1, Hawaii Revised Statutes, as any facility that provides twenty‑four hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance with the activities of daily living, personal care services, protection, and health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility; and

 

     WHEREAS, in recent years, there has been a proliferation of the establishment of adult residential care homes on Oahu; and

 

     WHEREAS, this proliferation of the establishment of adult residential care homes may have unintended consequences, particularly with regard to land use and zoning; and

 

     WHEREAS, many of the adult residential care homes are located in residential neighborhoods characterized by single family residences, and in commercial or mixed use areas; and

 

     WHEREAS, concentrations of the adult residential care homes in these areas have attendant traffic, parking, delivery, noise, trash collection, and emergency services response challenges; and

 

     WHEREAS, a neighborhood composed largely of adult residential care homes could adversely affect individuals with disabilities and would be inconsistent with integrating persons with disabilities into the community; and

 

     WHEREAS, the Department of Health is authorized to license the establishment and operation of adult residential care homes; and

 

     WHEREAS, the Department of Health's authority is apparently superior to that of the City and County of Honolulu's Department of Planning and Permitting to regulate these facilities, including the regulation of the locations of the facilities, their distance from each other, and whether they are compatible with the land use; and

 

     WHEREAS, there is apparently no regulation to provide an opportunity for public notice, review, or comment, especially by adjoining property owners, regarding pending applications to establish, modify, or expand adult residential care homes; and

 

     WHEREAS, while the City and County of Honolulu has revised each of the development plans and sustainable community plans for Oahu in recent years, the Department of Health has not conducted a similar review or revision of its rules regarding adult residential care homes; and

 

     WHEREAS, the Department of Health should conduct a study of residential care home facilities; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the House of Representatives concurring, that the Department of Health is requested to conduct a study of residential care home facilities; and

 

     BE IT FURTHER RESOLVED that in completing the study, the Department of Health is requested to:

 

     (1)  Examine and determine the adequacy of the statutes, administrative rules, and inspection and enforcement processes, related to the establishment, modification, and expansion of adult residential care facilities;

 

     (2)  Determine whether adequate opportunity exists for public notice and participation in the inspection and enforcement processes related to the establishment, modification, and expansion of adult residential care facilities;

 

     (3)  Determine whether the licensing and regulation of adult residential care facilities has adversely affected persons with disabilities and been inconsistent with the objective of integrating persons with disabilities into the community; and

 

     (4)  Consult with the Attorney General and the Director of the Honolulu Department of Planning and Permitting; and

 

     BE IT FURTHER RESOLVED that the Department of Health is requested to submit a report to the Legislature no later than twenty days prior to the convening of the 2009 Regular Session; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, the Attorney General, and the Director of the Honolulu Department of Planning and Permitting.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Adult Residential Care Homes; Study