CONFERENCE COMMITTEE REPORT NO.47


                            Honolulu, Hawaii
                                            , 2000

                            RE:   H.B. No. 2506
                                  H.D. 1
                                  S.D. 2
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

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

Sir:

    Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 2506, H.D. 1, S.D. 2, entitled:

    "A BILL FOR AN ACT RELATING TO PROSPECTIVE ADOPTIVE PARENTS,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to require:

     (1) The Department of Human Services (DHS) to develop
         standards to assure the reputable and responsible
         character of prospective adoptive parents (PAPs)
         including a criminal history record check;

     (2) The DHS to obtain criminal history record information
         from the Hawaii Criminal Justice Data Center (Center) on
         all PAPs, and:


 
 
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         (A)  Restricts the use of the information to its stated
              purpose; and 

         (B)  Makes the information subject to applicable federal
              laws and regulation;

    (3)  PAPs to:

         (A)  Submit sworn statements indicating whether the PAPs
              were ever convicted of a crime other than a minor
              traffic violation involving a fine of $50 or less; 

         (B)  Provide consent to the DHS to:

              (i)  Conduct a criminal history record check; and

             (ii)  Obtain other criminal history information
                   for verification;

              and

         (C)  Submit to fingerprinting for purposes of complying
              with the criminal history record check;  

    (4)  Authorize the DHS to deny a PAPs' application based on:

         (A)  A conviction of a crime other than a minor traffic
              violation involving a fine of $50 or less; and 

         (B)  If the DHS finds that the criminal history record
              of either of the PAPs poses a risk to the health,
              safety, or well-being of the child or children to
              be adopted;

    (5)  Allow the DHS to authorize or contract for PAPs' home
         studies for children under the DHS custody by
         experienced social workers with specialized adoption
         experience; and 

    (6)  Define PAPs as a person or persons who are married to
         each other, applying with the DHS to adopt a child or
         children.

    After careful consideration, your Committee on Conference has
amended this bill by:

    (1)  Clarifying that a criminal history check means an
         examination or search for evidence of an individual's
         criminal history by means of:

 
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         (A)  A fingerprint search by the FBI and follow-up
              analysis; and

         (B)  A criminal history check by the Center; 

    (2)  Authorizing the Center to charge a reasonable fee for a
         criminal history record check performed by the Federal
         Bureau of Investigation (FBI);

    (3)  Changing the offense of a crime other than a minor
         traffic violation involving a fine of $50 or less to an
         offense for which incarceration is a sentencing option;

    (4)  Clarifying that fingerprinting is required for a
         criminal history record check by the FBI;

    (5)  Adding an investigation-notification-rebuttal procedure
         before an adoption application can be denied; and 

    (6)  Making technical, nonsubstantive amendments for purposes
         of style, clarity, and consistency.

    It is the intent of your Committee on Conference that the
definition of "prospective adoptive parents" not be construed in
a manner that will prohibit same-sex couples or reciprocal
beneficiaries from adopting a child or children.

    As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of H.B. No. 2506, H.D. 1, S.D. 2, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as H.B. No. 2506, H.D. 1, S.D. 2, C.D. 1.

                                   Respectfully submitted on
                                   behalf of the members:         

ON THE PART OF THE SENATE          ON THE PART OF THE HOUSE



_______________________________    _______________________________
SUZANNE CHUN OAKLAND, Co-Chair     DENNIS A. ARAKAKI, Co-Chair



_______________________________    _______________________________
AVERY CHUMBLEY, Co-Chair           SCOTT K. SAIKI, Co-Chair


 
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                                   _______________________________
                                   MICHAEL PUAMAMO KAHIKINA, Co-
                                   Chair