REPORT TITLE:



DESCRIPTION:


 
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                                                        2506
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PROSPECTIVE ADOPTIVE PARENTS.



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

 1      SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§346-    Prospective adoptive parents.  (a)  The department
 
 5 shall develop standards to assure the reputable and responsible
 
 6 character of prospective adoptive parents as defined in this
 
 7 chapter which shall include but not be limited to criminal
 
 8 history record checks.
 
 9      (1)  Prospective adoptive parents shall submit statements,
 
10           signed under penalty of false swearing in official
 
11           matters, indicating whether the prospective adoptive
 
12           parents were ever convicted of a crime other than a
 
13           minor traffic violation involving a fine of fifty
 
14           dollars or less and providing consent to the department
 
15           to conduct a criminal history record check and to
 
16           obtain other criminal history record information for
 
17           verification.  The prospective adoptive parents shall
 
18           be fingerprinted for the purpose of complying with the
 
19           criminal history record check.
 

 
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 1      (2)  The department shall obtain criminal history record
 
 2           information through the Hawaii criminal justice data
 
 3           center on all prospective adoptive parents.  The Hawaii
 
 4           criminal justice data center may assess the prospective
 
 5           adoptive parents a reasonable fee for each criminal
 
 6           history record check conducted.  The information
 
 7           obtained shall be used exclusively for the stated
 
 8           purpose for which it was obtained, and shall be subject
 
 9           to applicable federal laws and federal regulations.
 
10      (3)  The department may deny a prospective adoptive parents'
 
11           application to adopt a child or children if either of
 
12           the prospective adoptive parents was convicted of a
 
13           crime other than a minor traffic violation involving a
 
14           fine of $50 or less and if the department finds that
 
15           the criminal history record of either of the
 
16           prospective adoptive parents poses a risk to the
 
17           health, safety, or well-being of the child or children
 
18           to be adopted.
 
19      (b)  The department may authorize or contract for
 
20 prospective adoptive parents' home studies for children under the
 
21 department's custody by experienced social workers with
 
22 specialized adoption experience."
 
23      SECTION 2.  Section 346-16, Hawaii Revised Statutes, is
 

 
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 1 amended by adding to subsection (a) a new definition to be
 
 2 appropriately inserted and to read as follows:
 
 3      ""Prospective adoptive parents" means a person or persons
 
 4 who are married to each other applying with the department to
 
 5 adopt a child or children."
 
 6      SECTION 3.  New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect on July 1, 2000. 
 
 8 
 
 9                           INTRODUCED BY:  _______________________
 

 
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