(a) There is established within the department for administrative purposes the Hawaii early intervention coordinating council. Members shall be appointed for three-year terms by the governor without the necessity of the advice and consent of the senate. The council shall comprise twenty-five members as follows:

Terms Used In Hawaii Revised Statutes 321-353

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Department: means the department of health. See Hawaii Revised Statutes 321-351
  • Director: means the director of health. See Hawaii Revised Statutes 321-351
  • Early intervention services: means services which:

    (1) Are provided under public supervision;

    (2) Are provided at no cost, except where federal or state law provides for a system of payments by families, including a sliding fee schedule;

    (3) Are designed to meet the developmental needs of infants and toddlers with special needs, which include but are not limited to physical development, cognitive development, and self-help skills;

    (4) Are provided by qualified professional and paraprofessional personnel;

    (5) Are provided in conformity with an individualized family support plan; and

    (6) Include but are not limited to: family support, counseling, and home visits; special instruction; speech pathology and audiology; occupational therapy; physical therapy; psychological services; case management services; medical services only for diagnostic or evaluation purposes; early identification, screening, and assessment services; and health services necessary to enable the infant or toddler to benefit from the other early intervention services. See Hawaii Revised Statutes 321-351

  • Infants and toddlers with special needs: means infants and toddlers from birth to the age of three with delayed development, biological risk, or environmental risk. See Hawaii Revised Statutes 321-351
  • Quorum: The number of legislators that must be present to do business.
(1) At least twenty per cent of the members shall be parents of infants or toddlers with special needs, or children with special needs aged twelve years or younger, with knowledge of, or experience with, programs for infants and toddlers with special needs; provided that at least one parent shall be a parent of an infant or toddler with special needs, or of a child with special needs aged six years or younger;
(2) At least twenty per cent of the members shall be public or private providers of early intervention services;
(3) Two members shall be from the legislature, of which one member shall be selected by the president of the senate and one member shall be selected by the speaker of the house of representatives;
(4) One member shall be involved in personnel preparation;
(5) One member shall be from the department of health program involved in the provision of, or payment for, early intervention services to infants and toddlers with special needs and their families who has sufficient authority to engage in policy planning and implementation on behalf of the program;
(6) One member shall be from the department of health program responsible for children’s mental health;
(7) One member shall be from the department of education program responsible for preschool services to children with disabilities who has sufficient authority to engage in policy planning and implementation on behalf of the program;
(8) One member shall be from the department of education program responsible for the coordination of education of homeless children and youths;
(9) One member shall be from the department of human services program responsible for the state medicaid program;
(10) One member shall be from the department of human services program responsible for child care;
(11) One member shall be from the department of human services program responsible for foster care;
(12) One member shall be from the department of commerce and consumer affairs program responsible for state regulation of health insurance;
(13) One member shall be from a Head Start or Early Head Start agency or program in the State; and
(14) Other members involved in or interested in services to infants and toddlers with special needs and their families who are selected by the governor.

Any vacancy on the council shall be filled in the same manner in which the original position was filled.

(b) The council shall elect its officers, and thirteen members shall constitute a quorum. Members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. No member shall cast a vote on any matter that is likely to provide a direct financial benefit to that member or otherwise give the appearance of a conflict of interest. No member from an executive or administrative department under chapter 26 may serve as the chairperson of the council.
(c) The council shall meet at least quarterly and in such places as it deems necessary. The meetings shall be publicly announced, and be open and accessible to the general public.
(d) The council shall perform the following functions:

(1) Advise and assist the director in the identification of the sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility to the appropriate agency, and the promotion of the interagency agreements;
(2) Advise and assist the department in the preparation of applications and amendments thereto;
(3) Advise and assist the department of education regarding the transition of toddlers with special needs to preschool and other appropriate services; and
(4) Prepare and submit an annual report to the governor on the status of early intervention programs for infants and toddlers with special needs and their families within the State.
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