RELATING TO COMMUNITY RESIDENTIAL TREATMENT.

SB2133

THE SENATE

S.B. NO.

2133

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to COMMUNITY residential treatment
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
Chapter 334, Hawaii Revised Statutes, is
amended by adding a new section to part VII to be appropriately designated and
to read as follows:

����
"
�334-
�
Youth mental health residential treatment
programs; liability insurance; safety plan; community notification.
�
(a)
�
A
ny person applying to
contract or extend or renew a contract with the department to operate a

youth mental health
residential treatment program shall
:

����
(1)
�
O
btain and maintain
during the operation of the program
a
g
eneral
liability insurance
policy
with minimum coverage
in an amount not less than
$2,000,000 per occurrence and $4,000,000
in the
aggregate,
or a
ny

higher amount as the department may establish by rule
; and

����
(2)
�
Submit to the department for review and approval a
community safety action plan,
which shall include:

���������
(A)
�
Procedures
for responding to
and
resolving
behavioral, sexual, medical,
or environmental emergencies;

���������
(B)
�
A
twenty-four-hour emergency contact number for the program
operator
;
and

���������
(C)
�
Staff
response protocols for any incident affecting program participants or the
surrounding community.

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(b)
�
Any person applying to contract or extend or
renew a contract with the department to operate a youth mental health
residential treatment program shall provide the following to the community
association or the neighborhood board, as applicable, for the community in
which the program will operate:

����
(1)
�
Written notice of the program's establishment
and location; and

����
(2)
�
The program's community safety action plan, as a condition for the
department to enter into, extend, or renew the contract
.

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(c)
�
Proof of the liability insurance required
under subsection (a) and written notice and submission of the community safety
action plan required under subsection (b) shall be verified by the department,
or its designee, before the department enters into, extends, or renews any
contract for any youth mental health residential treatment program.

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(d)
�
Failure to maintain the liability insurance
or maintain and follow the program's approved community safety action plan
shall constitute grounds for suspension or termination of a contract with the
department.

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(e)
�
The department shall adopt rules pursuant to
chapter 91 necessary for the purposes of this section.

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(f)
�
For the purposes of this section:

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"Community association"

includes:

����
(1)
�
An a
ssociation
, as
that term is defined in
section
s
421J-2
and
514B-3; and

����
(2)
�
B
oard
of directors of a cooperative housing corporation.

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"Youth
mental health residential treatment program" means an intensive mental
health service program operated in a residential small group living setting
that provides twenty‑four-hour care, supervision, and structured mental
health treatment services to children or adolescents, and that is delivered
pursuant to a contract with the department under chapter 103F.
�
"Youth mental health residential
treatment program" does not include facilities licensed under chapter 321
or any facility subject to certificate of need requirements under chapter 323D.
"

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SECTION 2.
�
This Act does
not affect rights and duties that matured, penalties that were incurred, and
proceedings that were begun before its effective date.

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SECTION
3.
�
New statutory material is
underscored.

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SECTION
4.
�
This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

Report Title:

DOH; Community; Residential Treatment; Youth Mental Health
Residential Treatment Program; Contract Requirements; General Liability
Insurance; Community Safety Action Plan; Community Association; Neighborhood
Boards; Notification

Description:

Requires
any person
applying to the Department of Health to contract or extend or renew a contract
to operate certain residential treatment programs to, as a condition of the
contract, obtain and maintain a general liability insurance policy with a
certain minimum coverage amount; submit to the Department for review and
approval a community safety action plan; and provide
to
the community association or neighborhood board
in the community
in which the program will operate
a written notice of
the program's
establishment
and
location and
the
community safety action plan.
�

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