Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 2040 entitled:

begs leave to report as follows:

The purpose of this measure is to establish guidelines for the court in determining whether or not release of information is warranted in cases involving a missing child.

Testimony in support of this measure was presented by the Department of Human Services, Hawaii State Commission on the Status of Women, and Volunteer Legal Services Hawaii.

Your Committee finds that this bill is necessary to protect children in Hawaii who are missing and to put the missing child's needs above all others. The Hawaii Supreme Court's decision in Kema v. Gaddis, 91 Haw. 200, 982 p.2d 334(1999), invalidated a Family Court order which authorized release of information and granted access to the media to a redacted file. Finding that the file inextricably involved several other children, the court held that such release and access were not in the best interest of those children.

Your Committee further finds that the physical, emotional, and social well being of a missing child should be a top priority. When a child is missing, it is unknown whether the child is hurt, being mistreated, or is dead. Although the best interest of a child is a priority, having no guidelines to follow in a situation involving multiple children, one of whom is missing, the court thus ruled in the best interest of all the children collectively. This bill provides guidelines for the court to consider in such cases. It establishes two rebuttable presumptions which place the needs of the missing child before family member confidentiality and potentially harmful effects of other family members.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2040 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.