STAND. COM. REP. NO. 840

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1050
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
1050, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO THE CHILD PROTECTIVE ACT,"

begs leave to report as follows:

     The purpose of this administration bill is to strengthen and
clarify the Child Protective Act, and to bring it into compliance
with the federal Adoption and Safe Families Act of 1997.

     Specifically, this bill:

     (1)  Adds a definition of "abandoned infant";

     (2)  Adds "abandoned infant" to the definition of
          "aggravated circumstances";

     (3)  Allows for service of summons to be made by registered
          or certified mail if the party resides out of State;

     (4)  Reduces from eighteen months to twelve the time in
          which the Family Court may set the case for a show
          cause hearing if the child's family home is determined
          not to be safe;


 
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     (5)  Requires the Family Court to set the case for a show
          cause hearing if the court determines that aggravated
          circumstances are present;

     (6)  Places the burden of presenting evidence upon the
          child's family in a show cause hearing as to why the
          case should not be set for a permanent plan hearing;

     (7)  Requires the Family Court to set the case for a show
          cause hearing within thirty days if the court
          determines that aggravated circumstances are present,
          or if the child has been residing outside the family
          home for twelve consecutive months;

     (8)  Requires the Department of Human Services to file a
          motion to set the matter for a permanent plan hearing
          if the child has been residing outside the family home
          for an aggregate of fifteen out of the most recent
          twenty-two months; and

     (9)  Reduces from three to two years from the date on which
          the child was first placed in foster custody for the
          court to proceed with a permanent plan hearing if it is
          not reasonably foreseeable that the child's parents or
          guardians are able to provide a safe family home.

     Your Committee received testimony in support of this bill
from the Department of Human Services and the Judiciary.

     Your Committee believes that this measure will enable the
Family Court to deal more effectively with child abuse.  Your
Committee finds that the Child Protective Act needs to be
periodically updated to deal with new situations and to tighten
up the statutory standards.

     Accordingly, your Committee has amended this bill on the
recommendation of the Judiciary, and with the support of the
Department of Human Services, to:

     (1)  Elaborate and expand the definition of "abandoned
          infant" to make it more consistent with Hawaii's
          existing adoption law;

     (2)  Amend the definition of "aggravated circumstances" by:


 
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          (A)  Amending paragraph (3) of the definition to
               clarify that aggravated circumstances exist if
               parental rights were terminated by a court inside
               or outside of Hawaii;

          (B)  Amending paragraph (5) of the definition by
               replacing the provision "The parent has abandoned
               the infant" with "The child is an abandoned
               infant"; and

          (C)  Amending paragraph (6) of the definition to
               require the elements under both paragraphs
               587-73(a)(1) and (2) to be present, rather than
               either one or the other;

     (3)  Amend section 587-71, Hawaii Revised Statutes, to add a
          new subsection (o) to the effect that nothing shall
          prevent the court from setting a show cause hearing or
          a permanent plan hearing at any time the court
          determines it appropriate, that is, even without a
          finding of aggravated circumstances if it is in the
          best interests of the child.

     Your Committee also has made technical, nonsubstantive
amendments for purposes of clarity and style.

     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 S.B. No.
1050, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 1050,
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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