HOUSE OF REPRESENTATIVES

H.B. NO.

2282

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE OFFICE OF COMMUNITY SERVICES.

 

 

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

 


PART I

     SECTION 1.  The purpose of this part is to improve the delivery of services to vulnerable populations such as immigrants and low-income individuals by transferring the office of community services from the department of labor and industrial relations to the department of human services.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

OFFICE OF COMMUNITY SERVICES

     §   -1  Findings and purpose.  The State of Hawaii has been a leader among the states in the development of progressive and innovative undertakings on behalf of its neediest residents.  Securing the well-being of all of the State's citizens continues to be a policy objective of the highest priority.

     As the State commits a growing share of its resources to programs and services to assist those at the lowest end of the income scale such as the disadvantaged, refugees, immigrants, and other people in need, the State must also ensure that government resources are used prudently and in the most cost-effective manner possible.  The State recognizes that changes in societal attitudes, values, and emphasis have produced new issues requiring new approaches for their resolution.

     The purpose of this chapter is to establish the office of community services within the department of human services.  The primary purpose of the office is to facilitate and enhance the development, delivery, and coordination of effective services and programs for some of the State's most vulnerable residents.  The establishment of the office of community services in the department of human services would:

     (1)  Improve the efficiency and effectiveness of the operations of the executive branch;

     (2)  Improve the delivery of services to disadvantaged persons, refugees, and immigrants;

     (3)  Improve responsibility and accountability for successfully carrying out programs, policies, and priorities of the office of community services; and

     (4)  Improve responsiveness to the needs of the people of Hawaii.

     §   -2  Office of community services; establishment; executive director.  (a)  There is established the office of community services within the department of human services for administrative purposes.  The following programs shall be under the auspices of and coordinated through the office:

     (1)  The progressive neighborhoods program;

     (2)  The Hawaii office of economic opportunity;

     (3)  The refugee resettlement program; and

     (4)  The state immigrant services center.

     (b)  The office of community services shall be headed by the executive director of the office of community services.  The executive director shall have:

     (1)  Training and experience in the field of social work, education, public health, or related fields;

     (2)  Direct experience in programs and services related to disadvantaged persons, refugees, or immigrants; and

     (3)  Experience in working in a supervisory, consultative, or administrative capacity.

The executive director shall be appointed by the governor without regard to chapter 76 and shall be compensated at a salary level no less than that of a second deputy.  The executive director shall be included in any benefit program generally applicable to the officers and employees of the State.

     §   -3  General functions, duties, and powers of the executive director.  The executive director shall:

     (1)  Serve as a principal official in the coordination of state government programs for low-income persons, disadvantaged persons, refugees, and immigrants;

     (2)  Oversee, supervise, and direct the performance by subordinates of activities in areas that include planning, evaluating, and coordinating programs for low-income persons, disadvantaged persons, refugees, and immigrants;

     (3)  Assess the policies and practices of public and private agencies impacting low-income persons, disadvantaged persons, refugees, and immigrants;

     (4)  Devise and recommend legislative and administrative actions for the improvement of services for low-income persons, disadvantaged persons, refugees, and immigrants;

     (5)  Serve as a member of advisory boards and panels of state agencies in areas that include human services, housing, child development programs, elderly health and medical assistance programs, refugee assistance programs, and immigrant services programs;

     (6)  Administer funds allocated for the office of community services; and apply for, receive, and disburse grants and donations from federal, state, county, and private sources for programs and services to assist low-income persons, disadvantaged persons, refugees, and immigrants;

     (7)  Adopt, amend, and repeal rules pursuant to chapter 91 to implement this chapter;

     (8)  Retain staff as may be necessary for the purposes of this chapter, who may be exempt from chapter 76; and

     (9)  Contract for services as may be necessary for the purposes of this chapter.

     §   -4  General duties and powers of the office of community services.  The office of community services shall:

     (1)  Establish statewide goals and objectives relating to low-income persons, disadvantaged persons, refugees, and immigrants;

     (2)  Study and conduct research concerning the needs of low-income persons, disadvantaged persons, refugees, and immigrants in the State.  The research shall be carried out whenever possible through the departments or agencies of the state and county governments responsible for providing services in the fields of health, education, housing, social services, employment, and related areas.  Where the research cannot be performed within established state or county government agencies, it shall be conducted by the office of community services or as contracted by the office of community services;

     (3)  Review legislation pertaining to programs within the purview of the office of community services and appropriations made for services to low-income persons, disadvantaged persons, refugees, and immigrants; recommend needed revisions to the programs; and on September 1 of each year, submit a report to the governor including any recommended legislation;

     (4)  Evaluate the availability, adequacy, and accessibility of all services for low-income persons, disadvantaged persons, refugees, and immigrants within the State;

     (5)  Assist and coordinate the efforts of all public and private agencies providing services that affect low-income persons, disadvantaged persons, refugees, and immigrants including the department of health, the department of human services, department of labor and industrial relations, and department of education, and no later than twenty days prior to the convening of each regular session submit a report of the facts and recommendations to the governor and to the legislature.  The executive heads of all the departments and agencies shall make available to the office of community services any information that the office deems necessary for the effective discharge of its duties under this chapter;

     (6)  Maintain contacts with county, state, and federal officials and public and private agencies concerned with planning for low-income persons, disadvantaged persons, refugees, and immigrants; and

     (7)  Encourage and foster local action on behalf of low-income persons, disadvantaged persons, refugees, and immigrants.

     §   -5  Relationship with other departments and agencies and cooperation with the office of community services.  Every state department, county agency, or other public or private agencies providing programs and services to low-income persons, disadvantaged persons, refugees, and immigrants shall be encouraged to actively work with the office of community services and to coordinate the development of its program plans.  The executive heads of all the departments and agencies shall cooperate with the office of community services in providing information deemed necessary for the effective discharge of its duties.  Nothing in this chapter shall be deemed to delegate or detract from the functions, powers, and duties prescribed by law for any other department or agency of this State or any county, nor to terminate any existing contracts between any department or agency and any private organization for the development or administration of programs or services to low-income persons, disadvantaged persons, refugees, and immigrants.  Notwithstanding that each county shall maintain maximum control over the development and administration of human service programs tailored to meet county needs, each department, agency, officer, and employee of the State and of the counties shall cooperate with and assist the office of community services in the performance of the functions, powers, and duties of the office."

     SECTION 3.  Chapter 371K, Hawaii Revised Statutes, is repealed.

     SECTION 4.  All rights, powers, function, and duties of the department of labor and industrial relations relating to the office of community services are transferred to the department of human services.  The sixteen permanent full-time equivalent (16.0 FTE) positions in the office of community services are hereby transferred from the department of labor and industrial relations to the department of human services to carry out the purposes of this part.  All officers and employees whose functions are transferred by this part shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this part.

     No officer or employee of the State shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this part.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position that the officer or employee is eligible under the personnel laws of the State as determined by the director of human resources development.

     All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property made, used, acquired, or held by the department of labor and industrial relations, its agencies, divisions, or offices relating to the functions of the office of community services that are transferred to the department of human services shall be transferred with the functions to which they relate.

     All rules, policies, procedures, guidelines, and other material adopted or developed by the agencies, divisions, or offices transferred or placed for administrative purposes under this part, shall remain in full force and effect until amended or repealed by the department of human services pursuant to chapter 91, Hawaii Revised Statutes.

     All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the agencies, divisions, or offices transferred or placed for administrative purposes with the department of human services by this part, shall remain in full force and effect.

     The provisions of this section are to be liberally construed to effectuate its purposes.

     SECTION 5.  All acts passed by the legislature during this regular session of 2012, whether enacted before or after the effective date of this part, shall be amended to conform to this part unless such acts specifically provide that this part is being amended.

PART II

     SECTION 6.  The legislature finds that one of the goals of the federal Violence Against Women Act is to protect women who are victims of domestic violence or sexual assault, including undocumented immigrants, from their perpetrators.

     The United States Department of Justice, through the Office on Violence Against Women, encourages nonprofits, community-based organizations, and other social service organizations to aid victims of violence by providing legal and social services to enable women to report abuse and cooperate with law enforcement without fear of being legally reprimanded due to their immigration status.  The Violence Against Women Act created special rules for undocumented immigrants who are victims of domestic violence or sexual assault to allow them to apply for a work permit and a U-visa, which provides immigration status to noncitizens willing to assist authorities in investigating crimes.

     However, despite the provisions of the Violence Against Women Act, many domestic violence or sexual assault victims do not report perpetrators or help to prosecute them because of fear of deportation.  Also, many victims are unfamiliar with the laws that protect them and their children.  Additionally, women who have cooperated with authorities have been unable to financially support their families because of a lack of job experience, job training, and interviewing skills.

     The purpose of this part is to request that the department of human services establish a pilot project to enable community-based organizations to provide legal advice and social services to victims of domestic violence or sexual assault who are undocumented immigrants, in accordance with the goals of the federal Violence Against Women Act.

     SECTION 7.  (a)  The department of human services may establish a pilot project to assist undocumented immigrants who are victims of domestic violence or sexual assault, including assistance qualifying for protection under the federal Violence Against Women Act.

     (b)  If established, the pilot project shall provide the following services to undocumented immigrants who are victims of domestic violence or sexual assault:

     (1)  Assistance with restraining orders;

     (2)  Assistance with applications for petitions under the federal Violence Against Women Act, U-visas, and work permits;

     (3)  Workshops on building self-esteem and self-confidence;

     (4)  Instruction on appropriate workplace etiquette and appearance;

     (5)  Training in effective job search techniques;

     (6)  Career assessments, when appropriate, to identify marketable skills and assess employability;

     (7)  Information about current labor market trends for employment and training;

     (8)  Placement with employers who agree to hire a prearranged number of victims;

     (9)  Post-employment services;

    (10)  Legal assistance with divorces, child custody and support, housing and consumer issues, and other family law issues; and

    (11)  Case management needs, including language learning, and information and assistance using public transportation, obtaining identification, and other skills as necessary.

     (c)  If the pilot project is established, the department of human services shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2014.  The report shall include the number of victims who received services and the types of assistance they received.

PART III

     SECTION 8.  This Act shall take effect on July 1, 2012; provided that sections 6 and 7 shall be repealed on June 30, 2014.

 

INTRODUCED BY:

_____________________________

 

 


 


Report Title:

Office of Community Services; Pilot Project; Domestic Violence

 

Description:

Transfers the office of community services from the DLIR to the DHS. Authorizes DHS to establish a pilot project to assist undocumented immigrants and refugees who are victims of domestic violence.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.