SB2063

Report Title:

Felix Consent Decree; Definition of "Plaintiff Class"

 

Description:

Expands the plaintiff class in the Felix consent decree to include an unborn child who is determined to be at risk of developing a condition that may qualify the child for education and mental health services anytime between birth and 20 years of age because of alcohol or drug abuse by a pregnant women.

THE SENATE	S.B. NO.	2063
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to The Felix consent decree.

 

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

SECTION 1. The purpose of this Act is to improve the ability of the State to detect developmental delay, mental retardation, and other potentially disabling conditions in children and adolescents by expanding the plaintiff class in the Felix v. Cayetano consent decree to include an unborn child who is determined to be at risk of developing a condition that may qualify the child for education and mental health services anytime between birth and twenty years of age because of alcohol or drug abuse by a pregnant women.

While there is no true "cure" for many disabling conditions, including those caused by alcohol or drug abuse, it is possible to reduce the cumulative weight of their effects through early detection and timely intervention. The goals of early detection and timely intervention with respect to the expanded Felix class are to allow children, adolescents, and adults with disabilities to live fulfilling and productive lives; and to alleviate human suffering and reduce the long-term costs to society of caring for people with disabilities.

The purpose of this Act is to try to ensure that babies that are born are healthy babies, even if their mothers are substance abusers. Nothing in this Act is intended to preclude or alter a woman's right to an abortion.

SECTION 2. For the purposes of this Act, the term "plaintiff class" means all children and adolescents with disabilities residing in Hawaii, from birth to twenty years of age, who are eligible for or in need of education and mental health services. The term includes an unborn child who is determined to be at risk of developing a condition that may qualify the child for education and mental health services anytime between birth and twenty years of age because of alcohol or drug abuse by the child's mother.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $        , or so much thereof as may be necessary for fiscal year 2002-2003, to expand the plaintiff class in the Felix v. Cayetano consent decree to include an unborn child who is determined to be at risk of developing a condition that may qualify the child for education and mental health services anytime between birth and twenty years of age because of alcohol or drug abuse by the child's mother. The sum appropriated shall be expended by the department of education.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $        , or so much thereof as may be necessary for fiscal year 2002-2003, to expand the plaintiff class in the Felix v. Cayetano consent decree to include an unborn child who is determined to be at risk of developing a condition that may qualify the child for education and mental health services anytime between birth and twenty years of age because of alcohol or drug abuse by the child's mother. The sum appropriated shall be expended by the department of health.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $        , or so much thereof as may be necessary for fiscal year 2002-2003, to expand the plaintiff class in the Felix v. Cayetano consent decree to include an unborn child who is determined to be at risk of developing a condition that may qualify the child for education and mental health services anytime between birth and twenty years of age because of alcohol or drug abuse by the child's mother. The sum appropriated shall be expended by the department of human services.

SECTION 6. This Act shall take effect on July 1, 2002.

INTRODUCED BY:	_____________________________