STAND. COM. REP. NO. 3346

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2087
                                        H.D. 2
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
2087, H.D. 2, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO JUVENILES,"

begs leave to report as follows:

     The purpose of this measure is to require the Family Court
to provide to the Department of Education (DOE) reasonable access
to all juvenile records which would generally be open to the
public.  The Family Court is also required to provide written
notice to the DOE when a minor is adjudicated or taken into
custody, and meets the criteria set forth in section 571-84.6,
Hawaii Revised Statutes (HRS).  In addition, this measure
requires that the DOE establish safeguards to protect the
confidentiality of the Family Court information disclosed.

     Your Committee recognizes that the incidences of school
violence in Hawaii are on the rise, and that the Department of
Education is tasked with the difficulty of balancing a student's
educational needs with the issues of ensuring school safety.
Information about students who have been adjudicated of serious
acts of violence should be made available to the DOE in order to
better protect the student, other students, and staff members.  

     Your Committee finds that section 571-84.6, HRS, already
allows public access to juvenile records of a minor who has been
taken into custody for committing serious acts of violence.  Your
Committee further finds that the process to obtain such

 
a                                                     
                                   STAND. COM. REP. NO. 3346
                                   Page 2


information from the Family Court may be a lengthy and
complicated one.  Therefore, it is your Committee's intent that
the Family Court work collaboratively with the DOE to create a
more expeditious process for the release of information for
education-related purposes.

     However, your Committee cannot ignore the fact that the
major stakeholders, mainly the Family Court and the Office of
Youth Services, who would be required to implement this law were
never consulted in the drafting of this measure.  Thus, your
Committee believes that a working group should be convened so
that meaningful discussions can be conducted to address the
following concerns:

     (1)  The policy rationale for requiring confidentiality of
          juvenile records balanced against how the receipt of
          such confidential information will help to reintegrate
          the juvenile into the school environment and society;

     (2)  The adverse effects on juveniles such as labeling,
          stereotyping, or differential treatment that could
          result from dissemination of such information;

     (3)  The potential exposure to liability for the various
          government agencies who either release or receive the
          disclosed confidential information;

     (4)  The penalties or sanctions for wrongful dissemination
          of the disclosed confidential information, and how such
          provisions will be enforced; 

     (5)  The additional burdens that will be placed upon the
          Family Court in order to effectuate the purposes of the
          proposed changes in section 571-84.6; and

     (6)  Whether the DOE's primary responsibility of educating
          our children should be expanded to include
          rehabilitation of youthful offenders.

     Your Committee heard testimony from the DOE that it is not
the Department's role or responsibility to help rehabilitate the
students entrusted to its care, but your Committee would like to
point out that the original bill, as introduced, contained this
concept of rehabilitation.  Your Committee strongly believes that
all interested parties need to work together for the benefit of
all students, including the youthful offender.

     Testimony in support of this measure was submitted by the
Department of the Prosecuting Attorney of the City and County of

 
a                                                     
                                   STAND. COM. REP. NO. 3346
                                   Page 3


Honolulu, the Department of Education, the Department of
Education Windward Oahu District, the Hawaii Association of
Independent Schools, and one educator.  Testimony in opposition
to this measure was submitted by the Judiciary, the Office of
Information Practices, the Office of the Public Defender, and
Catholic Charities of the Diocese of Honolulu.  The Office of
Youth Services strongly urged the Committee to review this
measure with great caution.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Deleting the requirement that the Family Court shall
          provide written notice to the DOE when a minor is
          adjudicated or taken into custody;

     (2)  Clarifying that upon a written inquiry by the DOE, the
          Family Court shall provide the information requested
          within ten working days from the date the court
          received the request;

     (3)  Mandating that the DOE convene a working group to
          review existing laws relating to the confidentiality of
          juvenile court records and the DOE's right to access
          the juvenile records under section 571-84.6, HRS;

     (4)  Requiring that the DOE adopt rules, pursuant to chapter
          91, to protect the confidentiality of the Family Court
          records that are disclosed;

     (5)  Providing that the DOE submit its report no later than
          thirty days prior to the convening of the 2001 Regular
          Session; and

     (6)  Changing the effective date of Section 1 to July 1,
          2001.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2087, H.D. 2, S.D. 1, as amended herein, and recommends that it
pass Third Reading in the form attached hereto as H.B. No. 2087,
H.D. 2, S.D. 2.


 
a                                                     
 
 
 
                                   STAND. COM. REP. NO. 3346
                                   Page 4


                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
a