STAND. COM. REP. NO. 3276

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2506
                                        H.D. 1
                                        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. 2506, H.D. 1, S.D. 1, entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to require the Department of
Human Services (DHS) to develop standards to assure the reputable
and responsible character of prospective parents.

     This measure includes requirements that the DHS conduct
criminal history record checks and obtain affidavits from
prospective adoptive parents concerning any criminal convictions.

     Your Committee finds that current law does not require
checks into the criminal history of applicants for adoption.  The
sole requirement under current law that relates to the character
of the prospective adoptive parents is that the family court must
be satisfied that the petitioners are fit and proper persons
(Section 578-8(a), Hawaii Revised Statutes).  The DHS must
conduct an investigation as to the fitness of petitioners, but
current law does not authorize a criminal history record check by
the DHS.

     This measure also allows the DHS to deny an application for
adoption, based on conviction of a crime other than a traffic
violation involving a fine of $50 or less, if the DHS finds that

 
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                                   STAND. COM. REP. NO. 3276
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the criminal history record of either of the prospective adoptive
parents poses a risk to the health, safety, or well-being of the
child.  Because this provision confers authority on the DHS to
deny an adoption, this measure includes a requirement that the
DHS develop standards to assure the reputable and responsible
character of prospective adoptive parents.  

     Your Committee has made technical amendments as recommended
by the Department of Human Services on advice from the Attorney
General to:

     (1)  Delete the reference to assessment of fees by the
          Hawaii Criminal Justice Data Center since the DHS will
          pay for the fees;

     (2)  Clarify the definition of "Prospective adoptive
          parents"; and

     (3)  Delete the authorization for the Hawaii Criminal
          Justice Data Center to disseminate information since
          section 1 of the measure contains the authorization.

     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. 2506, H.D. 1, S.D. 1, as amended herein, and recommends that
it pass Third Reading in the form attached hereto as H.B.
No. 2506, H.D. 1, S.D. 2.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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