§333F-2 - Developmental disabilities system.

§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 services
for persons with developmental disabilities or mental retardation within the
limits of state or federal resources allocated or available for the purposes of
this chapter. The department shall administer or may provide available
supports and services based on a client-centered plan, which resulted from
client choices and decision-making that allowed and respected client
self-determination.

The department's responsibility for persons
with developmental disabilities or mental retardation shall be under one
administrative unit for the purpose of coordination, monitoring, evaluation,
and delivery of services. Not later than June 30, 1999, all programs and
services 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 the
services, the department shall provide the services. Clients at Waimano
training school and hospital shall be placed into community-based programs
provided appropriate support services are available.

The department shall convene a panel not later
than August 1, 1995, to create a plan to provide services in the community
and to ensure that the transition of Waimano training school and hospital
residents to the community will be client-centered, taking into consideration
the health, safety, and happiness of the residents and the concerns of their
families. The panel shall consist of but not be limited to consumers,
families, representatives from the private sector, employees and employee
representatives, professionals, representatives of the University of Hawaii
affiliate program, and representatives of the state council on developmental
disabilities.

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

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

(2) Development, planning, and implementation in
coordination with other federal, state, and county agencies, of service
programs for persons with developmental disabilities or mental retardation;

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

(4) Establishment of a continuum of comprehensive
services and residential alternatives in the community to allow persons with
developmental disabilities or mental retardation to live in the least
restrictive, individually appropriate environment;

(5) Development and implementation of a program for
single-entry access by persons with developmental disabilities or mental
retardation to services provided under this chapter as well as referral to, and
coordination with, services provided in the private sector or under other
federal, state, or county acts, and the development of an individualized
service plan by an interdisciplinary team;

(6) Collaborative and cooperative services with
public health and other groups for programs to prevent developmental
disabilities or mental retardation;

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

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

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

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

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

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

(13) [Repeal of paragraph on June 30, 1995, by L
1990, c 178, §6, deleted by L 1995, c 189, §22.] Development
and maintenance of respite services in the community for persons with
developmental disabilities or mental retardation.

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

(e) The department shall maximize its funds
for community services using such funds as state matching funds for Title XIX
programs, other governmental finance participation programs, and private
finance programs as necessary and when possible. Only those individuals
eligible for community services but not eligible for medicaid waiver services
or other federally reimbursed programs or for whom such services are not
appropriate or not available based on their individual service plan shall
receive services and supports with one hundred per cent state funds. [L 1987, c
341, 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.