§333F-2  Developmental disabilities system. (a)  The department shall develop, lead, administer, coordinate, monitor,evaluate, and set direction for a comprehensive system of supports and servicesfor persons with developmental disabilities or mental retardation within thelimits of state or federal resources allocated or available for the purposes ofthis chapter.  The department shall administer or may provide availablesupports and services based on a client-centered plan, which resulted fromclient choices and decision-making that allowed and respected clientself-determination.

The department's responsibility for personswith developmental disabilities or mental retardation shall be under oneadministrative unit for the purpose of coordination, monitoring, evaluation,and delivery of services.  Not later than June 30, 1999, all programs andservices falling under this chapter shall be provided in the community,including services presently provided at Waimano training school and hospital. When the private sector does not provide or is not able to provide theservices, the department shall provide the services.  Clients at Waimanotraining school and hospital shall be placed into community-based programsprovided appropriate support services are available.

The department shall convene a panel not laterthan August 1, 1995, to create a plan to provide services in the communityand to ensure that the transition of Waimano training school and hospitalresidents to the community will be client-centered, taking into considerationthe health, safety, and happiness of the residents and the concerns of theirfamilies.  The panel shall consist of but not be limited to consumers,families, representatives from the private sector, employees and employeerepresentatives, professionals, representatives of the University of Hawaiiaffiliate program, and representatives of the state council on developmentaldisabilities.

(b)  The department shall ensure the provisionof an array of individually appropriate services and care to persons withdevelopmental disabilities or mental retardation through the utilization ofexisting resources within the community, through coordination with supports andservices provided under other federal, state, or county acts, and through specificfunding when no other resources are available within the limits of state andfederal resources allocated or available for the purpose of this chapter.  Thedepartment shall not supplant or duplicate services provided under otherfederal, state, or county acts.

(c)  Supports and services the department shalladminister include, but shall not be limited to:

(1)  Early identification and evaluation of personswith developmental disabilities or mental retardation;

(2)  Development, planning, and implementation incoordination with other federal, state, and county agencies, of serviceprograms for persons with developmental disabilities or mental retardation;

(3)  Development and provision of service programs inthe public or private sectors through chapter 42F or chapter 103F, for personswith developmental disabilities or mental retardation;

(4)  Establishment of a continuum of comprehensiveservices and residential alternatives in the community to allow persons withdevelopmental disabilities or mental retardation to live in the leastrestrictive, individually appropriate environment;

(5)  Development and implementation of a program forsingle-entry access by persons with developmental disabilities or mentalretardation to services provided under this chapter as well as referral to, andcoordination with, services provided in the private sector or under otherfederal, state, or county acts, and the development of an individualizedservice plan by an interdisciplinary team;

(6)  Collaborative and cooperative services withpublic health and other groups for programs to prevent developmentaldisabilities or mental retardation;

(7)  Informational and educational services to thegeneral public and to lay and professional groups;

(8)  Consultative services to the judicial branch ofgovernment, educational institutions, and health and welfare agencies whetherthe agencies are public or private;

(9)  Provision of community residential alternativesfor persons with developmental disabilities or mental retardation, including grouphomes and homes meeting ICF/MR standards;

(10)  Provision of care at the skilled nursing level orin a skilled nursing facility, as individually appropriate;

(11)  Provision of other programs, services, orfacilities necessary to provide a continuum of care for persons withdevelopmental disabilities or mental retardation;

(12)  Provision of case management services independentof the direct service provider; and

(13)  [Repeal of paragraph on June 30, 1995, by L1990, c 178, §6, deleted by L 1995, c 189, §22.] Developmentand maintenance of respite services in the community for persons withdevelopmental disabilities or mental retardation.

(d)  Provisions for supports and services shallbe limited to the amount of resources allocated or available for the purposesof this chapter.

(e)  The department shall maximize its fundsfor community services using such funds as state matching funds for Title XIXprograms, other governmental finance participation programs, and privatefinance programs as necessary and when possible.  Only those individualseligible for community services but not eligible for medicaid waiver servicesor other federally reimbursed programs or for whom such services are notappropriate or not available based on their individual service plan shallreceive services and supports with one hundred per cent state funds. [L 1987, c341, pt of §2; am L 1990, c 178, §2; am L 1991, c 335, §9; am L 1995, c 189,§4; am L 1997, c 190, §6; am L 1998, c 133, §2; am L 2001, c 175, §6; am L 2006,c 303, §§1, 4; am L 2007, c 40, §4]

 

Cross References

 

  Early intervention services for infants and toddlers, see§§321-351 to 354.

  ICF/MR, see §46-4.