SB3237 SD2

SECTION 1. The legislature finds that additional measures are needed to strengthen the network of state systems that protect and ensure the safety and security for at-risk children to prevent cases like the recent abuse and death of Isabella Kalua, born Ariel Sellers, and other similar past tragedies befalling children who were or had previously been under the protection and legal jurisdiction of the State. One means of preventing similar tragedies is to extend the oversight of child welfare services beyond foster care to include children for whom equivalent payments are made through the State's adoption assistance program or legal guardianship assistance program.

The legislature finds that many children in foster care have suffered trauma, either from abuse by their families or through the removal process. This trauma may result in behaviors that are difficult for caregivers to manage. Therefore, the need for support from child welfare services remains even after a child is placed in permanent custody through adoption or guardianship. Home visits by child welfare services will be an opportunity to connect adoptive parents and legal guardians with existing services and programs as the services available and the needs of the children may have changed since the last visit. Additionally, if the visit raises concerns for the welfare of the child, the case can be referred as a suspected abuse or neglect case, which the department of human services already offers as a service.

From December 2020 to December 2021, there was a monthly average of 1,555 children in foster care, 1,170 children receiving legal guardianship assistance, and 2,710 children receiving adoption assistance. This Act expands current services to cover children outside of the foster care system, which will increase the number of cases under management by approximately two and one-half times. However, the frequency of home visits for most cases will only be once per year, which is significantly less when compared to the intensive duties of case managers for children under foster care, for whom a case load of only sixteen cases is suggested as manageable. Case managers for foster children conduct home visits at least monthly, manage transitions to new care settings, interact with birth parents if parental rights have not been terminated, seek permanent placement, and support children in legal proceedings as needed. Case managers for children who receive adoption assistance or legal guardianship payments will only need to conduct home visits, and the frequency can be greatly diminished as the caregivers will have gone through a vetting process. Lastly, under this Act, data collected by the department of human services will be analyzed to determine the impact of expanding home visits to families receiving adoption assistance or legal guardianship assistance and reported back to the legislature five years after initiation of the program.

The legislature further finds that there is a need to improve mental health crisis intervention for at-risk youth in the community by expanding existing crisis response services to provide trauma-informed engagement within the system and individual training in trauma-informed care. These expanded services will reduce the risk of harm to youth; promote safety for youth in home, school, and community settings; reduce the use of emergency facilities, acute psychiatric hospitals, and other out-of-home placements for youth; increase supports available to youth and families to maintain placement and improve quality of life; and provide trauma-informed care and ongoing support to youth and families in the community.

The purpose of this Act is to:

(1) Expand the investigative power of the department of human services to include children who have been adopted or have been placed in legal guardianship, and whose adoptive families or legal guardians are receiving federal or state financial assistance;

(2) Expand the investigative power of the department of human services to include children in the foster care system for whom there is a pending petition for adoption or for whom an adoption decree has been issued but the children have not yet been placed in the custody of the adoption petitioner;

(3) Establish within the department of health a two-year crisis mobile outreach team pilot program, to expand and support existing crisis response services and programs for at-risk youth;

(4) Appropriate funds for the crisis mobile outreach team pilot program, including funds to hire and train mental health professionals having trauma-informed training and experience working with youth;

(5) Appropriate funds for the department of human services to hire additional case workers and support staff who would conduct annual or semi-annual in-home visits for families receiving adoption assistance or legal guardianship assistance; and

(6) Appropriate funds for the department of human services to fill vacancies and retain employees in existing child welfare services case worker positions.

SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346- Adoptive families and legal guardianship; authority over. Any family that has adopted or received legal guardianship of a child for whom maintenance is provided pursuant to part E of title IV of the Social Security Act or through the state adoption assistance program pursuant to part XII of chapter 346; or is receiving financial assistance through the State's permanency assistance program, including adoptive families where a petition for adoption is pending or where an adoption decree has been issued but adoption has not yet taken place, shall be subject to review or investigation at any time and in a manner, place, and form as may be prescribed by the department or its authorized agents in accordance with chapters 350 and 587A."

SECTION 3. Section 346-301, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-301[]] Adoption assistance program established[.]; review or investigation of program benefit recipients. The department of human services shall maintain an adoption assistance program to facilitate the adoption of children with special needs. Pursuant to section 346- , families receiving benefits from the adoption assistance program shall be subject to review or investigation at any time and in a manner, place, and form as may be prescribed by the department or its authorized agents in accordance with chapters 350 and 587A."

SECTION 4. (a) There is established within the child and adolescent mental health division of the department of health a crisis mobile outreach team pilot program to expand and support existing crisis response services and programs for at-risk youth. The crisis mobile outreach team pilot program shall begin on July 16, 2022, to coincide with the implementation of the nationwide 988 suicide prevention hotline.

(b) The crisis mobile outreach team pilot program shall provide the following services:

(1) Crisis prevention, through community collaboration and community program development;

(2) Face-to-face intervention within one hour of a request for intervention;

(3) Crisis de-escalation and assessment; and

(4) Stabilization of up to eight weeks, including:

(A) Connecting youth to community supports and services;

(B) Providing in-home clinical support for youth and families;

(D) Collaborating with community partners and other state agencies.

(c) The child and adolescent mental health division of the department of health shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2024. The report shall include findings and recommendations arising from the crisis mobile outreach team pilot program, including any proposed legislation and a recommendation as to whether the pilot program should be extended.

(d) The crisis mobile outreach team pilot program shall end on June 30, 2024.

SECTION 5. The department of human services shall collect and analyze data necessary to determine the impact of expanding home visits to families receiving adoption assistance or legal guardianship assistance and shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027.

SECTION 6. 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 2022-2023 to establish a crisis mobile outreach team pilot program to expand existing crisis response services and for the hiring and training of mental health professionals having trauma-informed training and experience working with youth.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 7. 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 2022-2023 for the hiring of case workers and support staff positions to provide annual or semi-annual in-home visits for families receiving adoption assistance or legal guardianship assistance.

The sum appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 8. 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 2022-2023 to increase compensation to fill vacancies and retain employees in existing child welfare services case worker positions.

The sum appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on December 31, 2050; provided section 4 of this Act shall be repealed on June 30, 2024.

THE SENATE	S.B. NO.	3237
THIRTY-FIRST LEGISLATURE, 2022		S.D. 2
STATE OF HAWAII