Bill Text: HI HB1477 | 2011 | Regular Session | Introduced
Bill Title: Family Justice Center Task Force
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-02-10 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting no (0) and none excused (0). [HB1477 Detail]
Download: Hawaii-2011-HB1477-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1477 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to family justice centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . FAMILY JUSTICE CENTERS
§346- Family justice centers; establishment. The department may establish one or more multi-agency, multi-disciplinary family justice centers on any island in the State to assist victims of domestic violence, sexual assault, elder abuse, or human trafficking, as well as to provide family-based social services.
§346- Requirements and components; funding. (a) In establishing a family justice center, the department shall coordinate with relevant state and county agencies and local nonprofit service providers to engage in a strategic planning process to identify those services that are most needed and develop a comprehensive funding strategy.
(b) The department may seek available federal, state, county, or private funds to carry out the purpose of this part.
(c) A family justice center shall house required social services in one location to facilitate access. A family justice center may include:
(1) Social workers and case management services;
(2) Medical personnel;
(3) Law enforcement personnel;
(4) District attorneys;
(5) Legal counseling services;
(6) Community-based sexual assault, domestic violence, and human trafficking advocates;
(7) Substance abuse treatment services;
(8) Child welfare and protective services staff;
(9) State public assistance workers; and
(10) Other professionals providing needed services.
§346- Confidentiality and informed consent. (a) Each family justice center shall maintain an informed consent process developed by the department to authorize the sharing of confidential, privileged, or protected information between individuals or agencies working in a center. The informed consent policy shall:
(1) Conform to all applicable state and federal confidentiality provisions;
(2) Inform the client of the implications of waiving the confidentiality provisions; and
(3) Provide for a written process for the client to authorize the sharing of information within a center.
(b) A client may authorize the disclosure and sharing of information among partner agencies for the purposes of providing effective and enhanced services. Authorization may be limited with respect to individuals and agencies and the duration of time the authorization remains in effect.
(c) Any oral or written communication or any document authorized by the client to be shared for the purposes of this section shall not be disclosed to any third party unless disclosure is authorized by the client or otherwise required under state or federal law, or by court order.
(d) No staff member, volunteer, or agency within a family justice center that has information governed by this part shall be required to disclose information unless authorized by the client or otherwise required by state or federal law, or court order.
(e) No authorization under this section shall be construed as a universal waiver of any existing legal privilege that holds communications or documents confidential between the client and any service provider.
(f) No disclosure of information authorized by a client in a family justice center for the purposes of clinical assessment, risk assessment, safety planning, or service delivery shall waive any privileges or confidentiality provisions otherwise provided by state or federal law.
§346- Authorized sharing of information for statistical purposes. (a) A family justice center shall be authorized to provide non-identifying, aggregate data on all clients receiving services and the outcomes of the services to the National Family Justice Center Alliance; provided that each client shall authorize the use of the data prior to inclusion.
(b) Confidential information shared under this section shall not be subject to disclosure to any third party without the individual, written authorization by the client who originally provided the information to a family justice center.
(c) The National Family Justice Center Alliance shall not disclose any identifying information or confidential personal information about any client.
§346- Immunity from liability. (a) No family justice center staff member, volunteer, or agency professional shall be civilly liable for information shared with others in accordance with the informed consent policy established by this part.
(b) No family justice center or participating agency or organization shall be civilly liable for maintaining confidential information for the purpose of collecting and maintaining non-identifying aggregate information for statistical purposes.
§346- Rules. The department may adopt rules pursuant to chapter 91 to effectuate the purposes of this part."
SECTION 2. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Family Justice Center
Description:
Authorizes the Department of Human Services to establish one or more Family Justice Centers to assist victims of domestic violence, sexual assault, elder abuse, or human trafficking, as well as to provide family-based social services.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
