STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
SOCIAL SERVICES DIVISION

NOTICE OF PUBLIC HEARING

Pursuant to sections 91-3 and 92-41, Hawaii Revised Statutes (HRS), notice is hereby given that the Department of Human Services will hold a public hearing to consider the proposed amendments to existing rules and the adoption of new rules for the Social Services Division, Adult and Community Care Services Branch, for the purpose of conforming to State statutes. Brief descriptions of the proposed rules are listed below:

CHAPTER 17-1401: CONFIDENTIALITY. This chapter will be repealed.

CHAPTER 17-1401.1: CONFIDENTIALITY. This newly adopted chapter is based substantially on Chapter 17-1401 and includes the following:
1. Provisions for authorized disclosure of confidential information relating to: a) applicants or recipients of services provided by the Adult and Community Care Services Branch (ACCSB); b) individuals who are subjects of a vulnerable adult abuse or neglect report investigated by ACCSB; and c) any other information gathered and maintained by the ACCSB; and
2. New definitions for “authorized recipient of confidential information,” “disclosure,” “near fatality,” “perpetrator”, “record or records,” “re-disclosure,” “state central registry,” and “vulnerable adult.”

CHAPTER 17-1421: PROTECTIVE SERVICES FOR VULNERABLE ADULTS. This chapter is being amended and compiled to incorporate amendments that were made to Chapter 346, Part X, HRS, in Act 154, SLH 2009 and will become effective July 1, 2009. Amendments to Chapter 17-1421 include the following:
1. Deleting references to “dependent” adults and replacing them with references to “vulnerable” adults;
2. Including new definitions for “confirmed,” “investigation,” “perpetrator,” “protective services for vulnerable adults,” and “unconfirmed,”
3. Referring to definitions as defined in section 346-222, HRS, for “caregiver,” “caregiver neglect,” “physical abuse,” “psychological abuse,” “self-neglect,” “sexual abuse,” and “vulnerable adult”;
4. Clarifying the provisions by which the Department of Human Services shall: a) screen reports of vulnerable adult abuse; b) accept such reports for investigation; c) provide for dispositions to be made on reports investigated; and d) provide for written notice of the dispositions to the identified perpetrator(s) of vulnerable adult abuse or neglect; and
5. Referring to the provisions of Chapter 17-1401.1, Confidentiality, for the authorized disclosure of confidential information pertaining to adult protective services cases.

A public hearing will be held at the following date, time, and place:

Hearing Date: September 14, 2009
Time: 10:00 a.m.
Place: Liliuokalani Building
2nd Floor Conference Rooms 1 and 2
1390 Miller Street, Honolulu, Hawaii 96813

All interested persons are invited to attend the hearing and to state their views relative to the proposed rules either orally or in writing. Should written testimony be presented, five (5) copies shall be made available to the presiding officer at or before the public hearing to:

Department of Human Services
Social Services Division
Adult and Community Care Services Branch
810 Richards Street, Suite 400
Honolulu, Hawaii 96813

Residents of Hawaii, Kauai, and Maui Counties who wish to present oral testimonies may also contact the Social Services Division (SSD), Adult and Community Care Services Branch (ACCSB) office on the respective islands within seven (7) days before the Oahu hearing date to have their testimony recorded:

SSD-ACCSB Section Administrator
East Hawaii Section
1055 Kino’ole Street, Suite 201
Hilo, Hawaii 96720 (933-8820)

SSD-ACCSB Section Administrator
West Hawaii Section
75-5995 Kuakini Highway, #433
Kailua Kona, Hawaii 96740 (327-6280)

SSD-ACCSB Section Administrator
Kauai Section
4370 Kukui Grove, Suite 203
Lihue, Hawaii 96766 (241-3337)

SSD-ACCSB Section Administrator
Maui Section (for islands Maui, Molokai, and Lanai)
1773-B Wili Pa Loop
Wailuku, Hawaii 96793 (243-5151)

A copy of the proposed rules will be mailed at NO COST to any interested person who requests a copy by writing to:

Department of Human Services
Social Services Division
Adult and Community Care Services Branch
810 Richards Street, Suite 400
Honolulu, Hawaii 96813

or by calling (808) 586-5560. Neighbor island residents may request a copy of the proposed rules at NO COST by contacting the Social Services Division, Adult and Community Care Services Branch office during regular business days and hours, Monday to Friday between 7:45 a.m. to 4:30 p.m.

Proposed rules are also available at the following website:

http://www.hawaii.gov/dhs/main/har/

Special accommodations (i.e., sign language interpreter, large print, taped materials, or accessible parking) can be made, if requested at least seven (7) working days before the scheduled public hearing on Oahu by calling (808) 586-5560. Neighbor island residents needing special accommodations should contact the Social Services Division, Adult and Community Care Services Branch, on the respective islands with their requests.