HOUSE OF REPRESENTATIVES

H.C.R. NO.

118

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 


HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO STUDY THE IMPACT OF THE NEW EXPANDED ADULT PROTECTIVE SERVICES LAW.

 

 

 


     WHEREAS, adult protective services provides crisis intervention including investigation and emergency services to vulnerable adults reported to be abused, neglected, or financially exploited by others or seriously endangered due to self-neglect without regard to income; and

 

     WHEREAS, Act 154, Session Laws of Hawaii 2008, was enacted to better protect vulnerable adults by expanding the adult protective services statutes contained in Chapter 346, part X, of the Hawaii Revised Statutes; and

 

     WHEREAS, since July 1, 2009, the Department of Human Services has been accepting reports on allegations of caregiver neglect, physical abuse, psychological abuse, self-neglect, financial exploitation, and sexual abuse pursuant to the expanded law; and

 

     WHEREAS, the expanded law also requires the Department of Human Services to investigate a report of abuse on a vulnerable adult, and make an effort to refer the adult to other resources so that future reports or actual abuse do not occur if the Department determines that the criteria for abuse or neglect are not met; and

 

     WHEREAS, the Department of Human Services has limited resources and lacks additional staff and funds necessary to fully implement the expansion of the adult protective services law; and
     WHEREAS, the Department of Human Services accesses any existing public or private resource that might be able to assist the client, especially since adult protective services payments cannot exceed 45 days; and

 

     WHEREAS, the adult protective services program report for fiscal year 2010 reflected a statewide disparity in reports of investigated cases of abuse compared to confirmed cases of abuse, with 1,065 reports of abuse compared to only 170 confirmed cases of abuse; and

 

     WHEREAS, the adult protective services program report for fiscal year 2011 reflected a statewide disparity in reports of investigated cases of abuse compared to confirmed cases of abuse, with 1,160 reports of abuse compared to only 99 confirmed cases of abuse; and

 

     WHEREAS, the adult protective services program report for fiscal year 2012 reflected a statewide disparity in reports of investigated cases of abuse compared to confirmed cases of abuse, with 1,049 reports of abuse compared to only 197 confirmed cases of abuse; and

 

     WHEREAS, for fiscal years 2010, 2011, and 2012, there is insufficient data regarding the following case statuses with adult protective services:

 

     (1)  The disposition status of cases of abuse allegations investigated but not confirmed with details per age bracket;

 

     (2)  The disposition status of confirmed adult protective services cases after the limited 45-day payment period; and

 

     (3)  The status of any subsequent reports, investigations, or confirmations for adult abuse for cases originally non-confirmed within the applicable fiscal year; and

 

     WHEREAS, the Department of Human Services indicates that it documents the disposition of a confirmed case, but this information is kept on a case-by-case basis within the written record, and therefore, it is not available in report form; now, therefore,
     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that the Department of Human Services is requested to conduct a study on the expanded adult protective services law; and

 

     BE IT FURTHER RESOLVED that in its study, the Department of Human Services is requested to:

 

     (1)  Identify possible causes for the wide disparity in the number of investigated adult protective services reports in fiscal years 2010, 2011, and 2012 compared to the number of confirmed adult protective services cases as it relates to the expanded adult protective services law;

 

     (2)  Identify the disposition status or referral status of confirmed cases of abuse, as well as abuse reports investigated but not confirmed, with the disposition or referral status compiled by age bracket;

 

     (3)  Document the numbers and age bracket of subsequent adult protective services reports, investigations, or confirmations for cases originally deemed non-confirmed within each fiscal year;

 

     (4)  Identify and explain the challenges and any actions taken regarding:

 

(A)  Whether public understanding of the new law results in a large number of reports or investigations that do not meet set criteria found within the law;

 

(B)  Whether the lack of adequate resources within the Department to confirm and provide intensive services contributes to problems; and

 

(C)  Other variables affecting the disparity in reported cases of abuse compared to confirmed cases of abuse; and

     (5)  Identify changes to information systems that would enable the Department to:

 

(A)  Capture the disposition of confirmed cases of abuse as well as abuse reports investigated but not confirmed, with status compiled by age bracket; and

 

(B)  Increase the capability to track, trend, and identify gaps in services per specific age bracket, such as adults under 60 years of age who do not qualify for services from the Department of Health’s Adult Mental Health Division, the Case Management Coordination Projects for Frail and Vulnerable Elderly, Catholic Services for the Elderly, or other similar providers; and

 

     BE IT FURTHER RESOLVED that the report include at a minimum:

 

     (1)  The Department's findings regarding the wide disparity of investigated cases of abuse compared to confirmed cases;

 

     (2)  The disposition or referral status of confirmed cases as well as investigated cases per age bracket;

 

     (3)  Identification of gaps in services per age bracket;

 

     (4)  Actions taken and timelines used by the Department to address data collection and reporting; and

 

     (5)  Any other findings regarding the implementation of the expanded adult protective services law; and

 

     BE IT FURTHER RESOLVED that the Department of Human Services is requested to submit a preliminary and a final report of its findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days prior to the convening of the Regular Sessions of 2014 and 2015, respectively; and
     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Director of Human  Services, Administrator of the Social Services Division of the  Department of Human Services, and Administrator of the Adult and Community Care Services Branch of the Social Services Division of the Department of Human Services.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Department of Human Services; Adult Protective Services Law