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DHS Letter (From FASDA)

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DHS Letter (From FASDA) DAVID Y. IGE F \ PANKAJ BHANOT '4 .. <”"¢.4,, GOVERNOR »*.\\\?F? IX’; DIRECTOR Z\ .|/1,‘/4: ‘I e -47- . iflflv ......._-K» -...-..-' ( H H’: .94‘ ‘Y BRIDGET HOLTHUS ;,§"~\ ‘ \r_QI'__ ‘ _.-if DEPUTY DIRECTOR $- _;,;:@‘-..'#4m t-J-21V". STATE OF HAWAII DEPARTMENT OF HUMAN SERVICES P. O. Box 339 Honolulu, Hawaii 96809-0339 February 15, 2017 TO: The Honorable Representative Dee Morikawa, Chair House Committee on Human Services FROM: Pankaj Bhanot, Director SUBJECT: HB 199 – RELATING TO ADULT PROTECTIVE SERVICES Hearing: Wednesday, February 15, 2017, 9:00 a.m. Conference Room 329, State Capitol DEPARTMENT’S POSITION: Department of Human Services (DHS) appreciates the intent of this bill, and offers comments. PURPOSE: The purpose of the bill is to authorize Department of Human Services (DHS) to investigate allegations of the physical isolation of vulnerable adults and take corrective action including obtaining judicial relief. Creation of "physical isolation" as a new type of abuse, and inserting the definition of "physical isolation" within section 346-222, Hawaii Revised Statutes (HRS), are not necessary for the following reasons. Adult Protective Services (APS) investigators assess whether physical isolation of the vulnerable adult by the alleged perpetrator is present in all types of abuse. Isolation may serve to conceal abuse or prevent access to the vulnerable adult's support system. APS policy and procedures address the forced isolation of vulnerable adults. Any finding of isolation may serve as evidence to support the allegation of abuse, regardless of the type of abuse. Current definitions of section 346-222, HRS, mandate APS to investigate the various types of abuse, which may involve physical isolation of the vulnerable adult. AN EQUAL OPPORTUNITY AGENCY For example, section 346-222, HRS, currently defines psychological abuse as "the infliction of mental or emotional distress by use of threats, insults, harassment, humiliation, provocation, intimidation, or other means that profoundly confuse or frighten a vulnerable adult." This definition includes profound confusion or fear due to physical isolation of the vulnerable adult. In addition, section 346-222, HRS, authorizes DHS to investigate allegations of financial exploitation, which "may be accomplished through coercion, manipulation, threats, intimidation, misrepresentation, or exertion of undue influence." Undue influence often involves isolating the victim from others. In state fiscal year 2016, APS investigated 861 reports of vulnerable adult abuse, including poly-abuse (more than one type of abuse). Excluding self-neglect, 351 investigations involved caregiver neglect, 206 involved financial exploitation, 139 involved psychological abuse, 99 involved physical abuse, and 12 involved sexual abuse. Of the 206 investigations of financial exploitation, 49 investigations also involved caregiver neglect, 30 also involved psychological abuse, and 9 also involved physical abuse. APS investigations already include an assessment of reasonable treatment of the vulnerable adult. The current statutory mandate is to investigate alleged abuse of vulnerable adults, instead of disputes about what reasonable interactions may be. Such disputes may not involve abuse and may be more appropriately addressed through other means than an APS investigation. If the term "physical isolation" is to remain in the proposed language for section 346-222, HRS, we recommend that the following definition be used in its place, and further recommend that the proposed amendment to the definition of "caregiver neglect" be deleted in its entirety. We suggest the following language: ""Physical isolation" means denial of the ability and means to communicate, visit, or interact with family, friends, and care providers. Physical isolation shall not include an act reasonably intended to protect the physical or mental welfare of the vulnerable adult, such as through protective orders, treatment plans, or instructions of the vulnerable adult’s physician or other health care professional." Thank you for the opportunity to testify on this bill. 2 POLICE DEPARTMENT CITY AND COUNTY OF HONOLULU 801 SOUTH BERETANIA STREET - HONOLULU, HAWAII 96813 TELEPHONE: (808) 529-3111 ' INTERNET: www.hono|ulupd.org KIRK CALDWELL y-'_: _ '~__', LOUIS M KEALOHA MAM ;%1‘£F~ -=1 E-->2; CHIEF ll. -.__'\‘ ;_+.’f._: '_.‘ \ CARY OKIMOTO “\"'--3."...-:_.-' JERRY INOUYE DEPUTY CHIEFS oun REFERENCE WO'DA February 15, 2017 The Honorable Dee Morikawa, Chair and Members Committee on Human Services House of Representatives Hawaii State Capitol 415 South Beretania Street, Room 329 Honolulu, Hawaii 96813 Dear Chair Morikawa and Members: SUBJECT: House Bill No. 199, Relating to Adult Protective Services l am Walter Ozeki, Captain of the Criminal Investigation Division of the Honolulu Police Department (HPD), City and County of Honolulu. The HPD supports House Bill No. 199, Relating to Adult Protective Services. By adding the condition of “physical isolation” as a form of abuse, caregiver neglect, and/or psychological abuse to Section 346-222 of the Hawaii Revised Statutes, we acknowledge the damaging effects of physical isolation on the well-being of dependent adults. The change would enable our department to better protect these vulnerable adults against a previously ignored condition. The HPD urges you to support House Bill No. 199, Relating to Adult Protective Services. Thank you for the opportunity to testify. APPROVE I ' Sincerely, “v <2-1',‘I Cary Ok oto Wa i, ap ' Acting Chief of Police Crimin nvestigation Division Serving and Pmtecting With Aloha todd2 - Chloe From: [email protected] Sent: Monday, February 6, 2017 7:19 PM To: HUStestimony Cc: [email protected] Subject: Submitted testimony for HB199 on Feb 15, 2017 09:00AM HB199 Submitted on: 2/6/2017 Testimony for HUS on Feb 15, 2017 09:00AM in Conference Room 329 Submitted By Organization Testifier Position Present at Hearing Hawaii State Coalition Marci Lopes Support No Against Domestic Violence Comments: Elder abuse goes hand in hand with domestic violence. HSCADV supports all efforts to ensure our Kapuna are receiving the services and support that is needed. More education and support needs to be provided to our Kapuna. Please note that testimony submitted less than 24 hours prior to the hearing, improperly identified, or directed to the incorrect office, may not be posted online or distributed to the committee prior to the convening of the public hearing. Do not reply to this email. This inbox is not monitored. For assistance please email [email protected] 1 Feb 08031?12 17 12 46p Home 30863802008086380200 ' - p1P 1 Eli‘ . " "‘ \ ‘ HawaiiH-awan Fi-DoF1-D0 ServiceService Accredited AZI Program 619$b Aomwlited ADI Program $11-‘F. -+1.-1?%5-’:'$"'* P0 Box '75’?757 Kahuku,Ka-huku, Hi 96'7€5190731 Phone: 808-6580200808-6380200 2-3-2-8-171 '7' 1ni‘o_-ii1:1:iwaiiflr1o.orginfv.hawanfitio.org www.hs.Wa,iifid.o.01"g‘ww-tv.hawaillido.ora - Em # g9-0553345Q9-Q553345 RE: Testimony for FIBH13 199, HawaiiHawaii StateState LegislatureLegislature 20172017 Executive Director; COMMITTEE('fOMM!'}"'l‘F.E ONON I iIlJl\/IAN!LIMAN SFRSIil{VlCi"LS VICkS '-Tl“-5'1‘-’£1IJim Kennedy Rep.Rep, Dee Morikawa, ChairChair Susan Luehrswens Rep. Chris Todd,Todd, ViceVice Chair Founder/Educator CertifiedCertified SDso TralrierTrainer February 15,I5, 20172017 @@ 9am9am Program Director House Bill 199199 Board oiof Directors: Dare.Dam FukahamFuka.hara AlohaAloha. Rep. Morikawa.Morikawa and Todd,Todd, Marketing Chair I would likelike toto voicevoice mymy concernconcern and supportsupport forfor HBHB 199.1 99. I have personally knownknown severalseveral adultsadults whowho havehave been.been Vicki Kurunara.Kuruhara , Treasure denied visitation'\7i$i1Ifi.15iO11 rightsrights duedue toto familyfamily differences.differences. It is not only sad for aJ1all concernedconcerned butbut devastating forfor thethe Susan KamEam parent.parent andand adultadult child.child. Q SeervtflrsrSecretary Please support thisthis billbill to improve and prevent thisthis situation from continuingcontimimg n IlawattHawaii. Patricia StorinoStorino Business Owner Aloha and Mahal°,Mahalo, RosanneR0eemie Daniels KametakeKanetake Counselor Educator v 95744/y PO44/7 9Yzep-Z SueSusn LuehrsLuehrs Prog‘1=a:rnProgram DirectorDirector FEE!-88-21?FEB-08-2017 @1:@3PM01:03PM FAXFPIXHBBSSBSZEIZE :9086380200 IDIREF’ID:REP TSUJITSUJ I PAGE:001F‘F‘iGE:@@1 R=90%R=9@=< —— ~ -—- l 1 i an —:_,. _ _i. ... H , __, _<—,-, MacDonaldMacDonaIdudy R udy Trust & EstateEstate LitigationLitigation GroupGroup Michael D Rudy,Rudy, Esq.Esq. I [email protected]@macdonaldrudy.com Paul ACAC Higa,Higa, EsqEsq I phiga@macdonaldrudy[ phiga@macdonaldrudy corncom SofiaSofia Hirosane McGuire, Esq.Esq: I 1smcguire@macdonaldrudysmcguire@macdonaldrudy corn'com‘ Jamie C Young,Young, Esq jyoung@rnacdonaldrudy|jyoung@macdonaldrudy corncom Cheryl R Ng,Ng, Esq.Esq. I cng@nnacdonaldrudy[cng@macdonaldrudy corncom February 8,8, 20172017 - Via Hand-DeliveryHand- Delivery Committee on Human ServicesServices Rep. Dee Morikawa, Chair Rep. Chris Todd, ViceVice Chair Hawaii State Capitol 4154155.S. BeretaniaBeretania Street,Street, RoomRoom 305305 Honolulu, HawaiiHawaii 9681396813 Re: House BillBill 199;199; Hearing: February 15,15, 2017 at 9:00 a.m.a.m. Dear Representatives MorikawaMoril<awa andand Todd,Todd, We write this letter inin supportsupport ofof HouseHouse BillBill 199199 relatingrelating toto AdultAdult ProtectiveProtective Services. MichaelMichael D.D. Rudy, Esq.Esq.
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