Child/Adoles Mental Hlth Div

Transfers child and adolescent mental health division, including
child mental health branch, and their functions and duties from

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is
 2 amended by adding a new part to be appropriately designated and
 3 to read as follows:
 5      302A-A  Children's mental health services; department
 6 responsibility.  It shall be the responsibility of the department
 7 of education to:
 8      (1)  Provide preventative health services for children and
 9           youth;
10      (2)  Provide diagnostic and treatment services for
11           emotionally disturbed children and youth; and
12      (3)  Provide treatment and rehabilitative services for
13           mentally ill children and youth.
14 Such services shall be delivered at the school level where
15 feasible and the earliest possible moment after the need for such
16 services is established.  All eligible children and youth between
17 the ages of birth and seventeen shall receive the necessary
18 mental health services to insure their proper and full
19 development.  If there is any adjudication or settlement of any

Page 2                                                     2819
                                     H.B. NO.           

 1 legal action involving the delivery of children's mental health
 2 services, the department of education shall be responsible for
 3 the coordination of carrying out the terms of the judgment or
 4 settlement.
 5      302A-B Children's mental health services branch.  There is
 6 established within the department of education, a children's
 7 mental health services branch which shall coordinate the
 8 effective and efficient delivery of mental health services to
 9 children and youth, including services provided by private
10 nonprofit agencies under contract to the department of education.
11      302A-C Statewide children's mental health services plan.
12 (a)  Commencing on September 1, 2000, and every four years
13 thereafter, the children's mental health services branch, on or
14 before September 1, of each four-year cycle, shall develop and
15 present to the governor and the legislature, as well as release
16 for public inspection and comment, a current statewide children's
17 mental health services plan which shall include:
18      (1)  A survey of the children and youth in the State who are
19           (A) in need of and (B) receiving mental health services
20           showing the total number of such children and youth and
21           their geographic distribution;
22      (2)  Identification of the public and private providers of
23           mental health services to children and youth;

Page 3                                                     2819
                                     H.B. NO.           

 1      (3)  Identification of the criteria and standards for the
 2           treatment to be received by emotionally disturbed or
 3           mentally ill children and youth;
 4      (4)  A program for the recruitment, orientation, and in-
 5           service training of personnel in community mental
 6           health services to children and youth, and to allied
 7           fields, including participation, as appropriate, by
 8           institutions of higher learning, state and local
 9           agencies, and other public and private agencies having
10           relevant expertise;
11      (5)  An implementation plan for providing mental health
12           services to all children and youth in the State; and
13      (6)  Any additional matters which may be necessary or
14           appropriate, including recommendations for amendment of
15           laws, changes in administrative practices and patterns
16           of organization, and changes in levels and patterns of
17           financial support relating to children's mental health
18           services.
19      (b)  Prior to the submission of the statewide children's
20 mental health services plan under subsection (a) to the governor
21 and the legislature, the department of education shall hold
22 hearings on the plan in accordance with chapter 91.  There shall
23 be at least one hearing in each county; except that the city and

Page 4                                                     2819
                                     H.B. NO.           

 1 county of Honolulu shall have three hearings in strategic
 2 geographic locations to provide the widest exposure of the plan
 3 to the population.
 4      (c)  Any amendments to the statewide children's mental
 5 health services plan shall be adopted in accordance with chapter
 6 91. 
 7      302A-D Biennial review of progress.  Every two years,
 8 starting January 1, 2001, the department of education, on or
 9 before January 1, of each two-year cycle, shall submit to the
10 legislature and the governor a report setting forth:
11      (1)  A detailed analysis of the progress made toward
12           fulfilling the statewide children's mental health
13           services plan developed under section 302A-C; and
14      (2)  Other matters which are necessary or appropriate,
15           including recommendations for any amendment to any law,
16           any change in the administrative practices and patterns
17           of organization, and any change in the levels and
18           patterns of financial support.
19      302A-E Rules.  The superintendent of education may adopt
20 rules pursuant to chapter 91 necessary to carry out the purposes
21 of this part."
22      SECTION 2.  Section 334-10, Hawaii Revised Statutes, is
23 amended by amending subsection (c) to read as follows:

Page 5                                                     2819
                                     H.B. NO.           

 1      "(c)  The council shall advise the department and the
 2 department of education on allocation of resources, statewide
 3 needs, and programs affecting two or more service areas.  The
 4 council shall review and comment on the state plan and the
 5 statewide children's mental health services plan and shall serve
 6 as an advocate for adults with serious mental illness, children
 7 with serious emotional disturbances, other individuals with
 8 mental illnesses or emotional problems, and individuals with
 9 combined mental illness substance abuse disorders."
10      SECTION 3.  Part XV of chapter 321, Hawaii Revised Statutes,
11 is repealed.
12      SECTION 4.  All rights, powers, functions, and duties of the
13 department of health with respect to the child and adolescent
14 mental health division, including the children's mental health
15 services branch, are transferred to the department of education.
16      All officers and employees whose functions are transferred
17 by this Act shall be transferred with their functions and shall
18 continue to perform their regular duties upon their transfer,
19 subject to the state personnel laws and this Act, provided that,
20 to the greatest extent possible, personnel will be assigned to
21 the school level.
22      No officer or employee of the State having tenure shall
23 suffer any loss of salary, seniority, prior service credit,

Page 6                                                     2819
                                     H.B. NO.           

 1 vacation, sick leave, or other employee benefit or privilege as a
 2 consequence of this Act, and such officer or employee may be
 3 transferred or appointed to a civil service position without the
 4 necessity of examination; provided that the officer or employee
 5 possesses the minimum qualifications for the position to which
 6 transferred or appointed; and provided that subsequent changes in
 7 status may be made pursuant to applicable civil service and
 8 compensation laws.
 9      Any incumbent officer or employee of the State who does not
10 have tenure and who may be transferred or appointed to a civil
11 service position as a consequence of this Act, shall be granted
12 regular civil service status without loss of seniority, prior
13 service credit, vacation, sick leave, or other employee benefits,
14 and without the necessity of examination; provided they possess
15 the minimum qualifications for the class to which their positions
16 are assigned.  The pay rate of non-tenured employees affected by
17 this Act shall be determined in the same manner as the pay rate
18 of other civil service employees in comparable positions with the
19 same length of service.  Any officer or employee converted by
20 this Act shall have performed work satisfactorily in the position
21 for a period of not less than six months prior to the effective
22 date of this Act.
23      In the event that an office or position held by an officer

Page 7                                                     2819
                                     H.B. NO.           

 1 or employee having tenure is abolished, the officer or employee
 2 shall not thereby be separated from public employment, but shall
 3 remain in the employment of the State with the same pay and
 4 classification and shall be transferred to some other office or
 5 position for which the officer or employee is eligible under the
 6 personnel laws of the State as determined by the head of the
 7 department or the governor.
 8      SECTION 5.  All appropriations, records, equipment,
 9 machines, files, supplies, contracts, books, papers, documents,
10 maps, and other personal property heretofore made, used,
11 acquired, or held by the department of health with respect to the
12 child and adolescent mental health division, including the
13 children's mental health services branch, relating to the
14 functions transferred to the department of education shall be
15 transferred with the functions to which they relate.
16      SECTION 6.  This Act does not affect rights and duties that
17 matured, penalties that were incurred, and proceedings that were
18 begun, before its effective date.
19      SECTION 7.  If any provision of this Act, or the application
20 thereof to any person or circumstance is held invalid, the
21 invalidity does not affect other provisions or applications of
22 the Act which can be given effect without the invalid provision
23 or application, and to this end the provisions of this Act are

Page 8                                                     2819
                                     H.B. NO.           

 1 severable.
 2      SECTION 8.  In codifying the new part added to chapter 302A,
 3 Hawaii Revised Statutes, by section 1 of this Act, the revisor of
 4 statutes shall substitute appropriate section numbers for the
 5 letters used in the new sections' designations in this Act.
 6      SECTION 9.  New statutory material is underscored.
 7      SECTION 10.  This Act shall take effect upon its approval.
 9                              INTRODUCED BY:______________________