HB2645

Report Title:

Children Services; Juveniles; Foster Care

Description:

Transfers various current youth services to the office of youth services; establishes a blue ribbon panel of representatives of the departments of health, human services, and education, office of youth services, and the judiciary to study and recommend the consolidation of all youth services into the OYS; recommend legislation to the 2003 Session.

HOUSE OF REPRESENTATIVES	H.B. NO.	2645
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

relating to youth.

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

SECTION 1. The legislature finds that current state services to youth are spread out among the department of human services, department of health, department of education, office of youth services, and the judiciary. These services include child protective services, foster home placement and operation, adoption, child abuse and neglect, and child welfare services. The legislature further finds that a child is currently subject to multiple jurisdictions, duplicative services, and conflicting policies. The result is a gross disservice to the child and the child's family, a waste of public moneys, an inflated bureaucracy, and a compromised treatment framework.

The purpose of this Act is to merge all youth services into the office of youth services, and establish a blue ribbon panel to administratively coordinate the merger and transfer of youth programs and services to the office of youth services.

SECTION 2. Effective January 1, 2004, Chapter 346, Hawaii Revised Statutes, part VIII, is repealed and reenacted as a new part to chapter 352D, Hawaii Revised Statutes.

SECTION 3. Effective January 1, 2004, Chapter 588, Hawaii Revised Statutes, is repealed and reenacted as a new part in chapter 352D, Hawaii Revised Statutes.

SECTION 4. Effective January 1, 2004, child welfare services and child protective services under the department of human services shall be transferred to the office of youth services.

SECTION 5. Effective January 1, 2004, the Olomana School under the department of education shall be transferred to the office of youth services.

SECTION 6. Effective January 1, 2004, the Children's Advocacy Center under the judiciary shall be transferred to the office of youth services.

SECTION 7. Effective January 1, 2004, juvenile treatment programs under the judiciary shall be transferred to the office of youth services.

SECTION 8. Effective January 1, 2004, child and adolescent mental health under the department of health shall be transferred to the office of youth services.

SECTION 9. (a) There is established a blue ribbon panel to effectuate this Act. Members of the panel shall be appointed by the governor, not subject to section 26-34, and shall consist of representatives of the office of youth services, department of social services, department of health, department of education, and the judiciary.

(b) The panel shall recommend to the legislature proposed legislative enactments to be introduced in the 2003 regular legislative session to effectuate the transfer of functions and services named under sections 2 to 8 of this Act, as well as those unmentioned in this Act, to the office of youth services.

(c) The panel shall administratively coordinate the merger and transfer of the programs and services specified under sections 2, 3, 4, 5, 6, 7 and 8 of this Act to the office of youth services.

(d) The panel shall report to the legislature on proposed legislation no later than twenty days before the convening of the regular session of 2003. The panel shall cease to exist after filing its report.

SECTION 10. All rights, powers, functions, and duties of the departments, services, and agencies named under sections 2 to 8 of this Act are transferred to the office of youth services.

All officers and employees whose functions are transferred by this Act 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 Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

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 for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 11. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the departments, agencies, and services named in sections 2 to 8 of this Act relating to the functions transferred to the office of youth services shall be transferred with the functions to which they relate.

SECTION 12. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________