PROTECTING OUR KEIKI AND KUPUNA

We all share the honor and duty of protecting and caring for our keiki and kupuna in Hawaii.  To support this effort, the Lingle-Aiona Administration will introduce a variety of measures that strengthen protections for children in need, provide financial support and incentives for caregivers, and enhance the quality of life for our aging population.

Protecting Our Keiki

In 2001, the Hawaii Department of Human Services and others established a partnership to help foster kids maintain relationships with their brothers and sisters living in separate foster homes. The partnership, known as Project Visitation, brings siblings together for monthly visits and strengthens existing family bonds. 

To expand on this successful effort, the Administration is introducing legislation that would extend sibling visitation rights to children who have transitioned from foster care to adoption.  Specifically, the legislation would allow the Family Court to establish an agreement between adoptive parents and the child that permits regular contact with siblings after adoption or award of legal guardianship.

We all share the responsibility of caring for Hawaii’s keiki, especially those within our immediate and extended families.  In 2007, Hawaii residents were shocked and saddened to hear the tragic story of a girl named Indigo Wright.  As the details of her case were revealed, we learned that an extended family member knew she had been abused and neglected for many years but failed to report the abuse to authorities.

In an effort to strengthen existing law for the benefit of all Hawaii’s keiki, the Administration is introducing legislation that would require all adult family members to immediately report to police or child welfare officials known instances of child abuse or neglect. 

Each year, thousands of children are reported to the Department on suspicion of child abuse and neglect.  All of these cases are investigated and some are closed once it has been confirmed that the child is not in danger. 

Given that some of these children may be at risk in the future, the Administration is introducing legislation to provide $1.0 million in funding for “well-child” follow-up visits.
 
This additional funding will allow the Department to begin follow-up visits on the nearly 2,500 children reported to the Department, but not confirmed, for child abuse and neglect. 

This project, to be launched as a pilot, will give the Department a second opportunity to review closed cases and conduct face-to-face visits with children and families in difficult situations.

Many children in our State benefit from unique Hawaiian customs passed down from generation to generation.  One example is the Hawaiian cultural practice of hānai, which allows an extended family member to take responsibility for the caring and nurturing of a child, similar to adoption, without formal court-approved sanction.

Child welfare experts and the federal government recommend incorporating cultural practices into the network of support services provided to children in need.  To that end, the Lingle-Aiona Administration will introduce legislation to ensure that a child reported previously to the Department for abuse or neglect can continue to live with an appropriate caregiver, such as a hānai grandmother.  As in other situations, child welfare officials will ensure that the arrangement is safe and appropriate.

To ensure the protection, safety, and rehabilitation of Hawaii’s most challenged children, the Administration is introducing legislation authorizing the Department of Human Services to appoint and commission investigators for the Hawaii Youth Correctional Facility (HYCF).  These investigators will have the power and authority of a law enforcement officer and will assist the HYCF in investigating crime, locating absent parents, and enforcing court orders.

Protecting Our Kupuna

As more Americans face retirement, many have begun to consider what they can do to maintain personal freedom and independence as they age.  For some, this reality means making home upgrades or renovations, such as installing rails or ramps, to prevent injuries and improve mobility.

In response to this growing need, the Administration will offer a refundable income tax credit to individuals equal to fifty percent of the costs incurred when modifying a personal residence.  This refundable tax credit also applies to renovations made on behalf of a disabled person living in the home.  Seniors that “age in place” successfully maintain their independence and reduce the need for relocation to costly institutional settings or nursing homes.

In 2007, the Administration and the Department of Commerce and Consumer Affairs supported three new laws in Hawaii to prevent crime targeted or committed against the elderly.  This year, the Administration will expand that effort by introducing legislation that creates enhanced administrative and civil penalties on those who commit insurance violations against persons aged 62 or older.  Specifically, this measure will allow the Insurance Commissioner or the courts to add an administrative penalty up to $50,000 for each insurance violation committed against a person 62 years or older.

In addition to enhancing penalties on those who commit white-collar crimes against the elderly, the Administration will propose legislation that expands the authority of the Department of Human Services to investigate allegations of abuse and neglect of vulnerable adults, including the elderly.  Current law covers abuse and neglect of dependent adults.  This legislation expands the law to recognize that some elderly persons may be vulnerable to abuse neglect, even if they are not dependent on someone for assistance with everyday living.

The quality of programs and services for the kupuna in our State is only as good as the people who provide them.  Under current law, many individuals must undergo criminal history background checks before they can provide services, implement programs, or operate licensed facilities.  These background checks are critical in ensuring the protection and safety of persons in the care of the State. 

Currently, only the Department of Human Services is allowed to conduct background checks and the demand is greater than Department staff can process in a timely manner.  To ensure that qualified workers are hired and processed efficiently, the Administration is introducing legislation that will allow the Department to contract with companies to process background check services.  Getting good people on the job quickly is the best way to ensure our kupuna receive the care they need.

In 2007, the Legislature passed and the Governor signed legislation recognizing the important role “community care foster family homes” play in providing additional options to persons in need of long-term care. Community care foster family homes are operated by individuals who provide 24-hour care to Medicaid and other elderly and disabled in their private residence.  Elderly and disabled individuals choose this type of setting because it provides the benefit of living in a residential, community setting as opposed to an institutional facility or nursing home. 

The new law allows operators of community care foster family homes to accommodate a maximum of three clients in their residence.  To meet the requirements of the new law, many homes will need to expand or make safety upgrades.  The Administration will support this effort by providing $1.6 million in funding for a grant program administered by the Department of Human Services.  Grants, for a maximum of $25,000, will help these small-family-owned businesses make the necessary upgrades to accommodate more of Hawaii’s Medicaid population.  This proposal addresses the shortage of long-term care beds in the State with a minimal investment of public funds.