HOUSE OF REPRESENTATIVES

H.C.R. NO.

85

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

  
   

HOUSE CONCURRENT

RESOLUTION

 

requesting a program audit and investigation of the various agencies involved in the child protective services system.

 

 

WHEREAS, child abuse has become a serious problem that requires broad-based community action to prevent children from becoming innocent victims; and

WHEREAS, recent trends across the country in dealing with this problem have been to provide alternatives to the traditional philosophy of returning the abused child to the natural family, which may not be in the best interests of the child's safety; and

WHEREAS, returning a child to a safe home should be the ultimate concern of all parties involved, regardless of whether a safe home means being placed with the natural family, an adoptive family, or a foster family; and

WHEREAS, the Department of Human Services, Department of the Attorney General, family courts, and the police department of each county are all integrally involved in the child protective services system; and

WHEREAS, the dynamics of child abuse and neglect are very complicated and experts in child welfare are needed to evaluate the child protective services system; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, the Senate concurring, that the Auditor is requested to consult with the National Conference of State Legislatures, or other national entities with child welfare expertise, to conduct a program audit of the Child Protective Services Division of the Department of Human Services (CPS), Department of the Attorney General, family courts, and the police department of each county; and

BE IT FURTHER RESOLVED that the Auditor work with parents, foster parents, health providers, educators, and interested private organizations and individuals to commit to the effort outlined herein; and

BE IT FURTHER RESOLVED that the audit focus on the following:

(1) Communication among the various agencies;

(2) Training on child abuse and neglect for agency staff;

(3) Adequacy of caseload size in the agencies;

(4) Adequacy of resources in the agencies;

(5) Decision-making in the child protective services system, including:

(A) Screening decisions;

(B) Case selection;

(C) Child safety, including how to keep a maltreated child safe and under what conditions placement out of the home is necessary;

(D) Reunification of the child with the child's family; and

(E) The termination of child protective services involvement; and

(6) Concerns raised by the Honolulu Community Action Program, the Waianae Coast Comprehensive Health Center (WCCHC), and other concerned citizens, such as:

(A) Amount of social workers' discretion;

(B) Changing the entity conducting child abuse investigations to the police rather than CPS;

(C) Jury trials for parents accused of child abuse;

(D) Permitting visitation between parents and children under CPS;

(E) The lack of cultural sensitivity of the doctors used by CPS;

(F) The possibility of mandatory ohana conferencing;

(G) Inability of medical providers to contact CPS staff for authorization of medical treatment for children under CPS custody;

(H) Inability of CPS to intervene when perpetrator is a non-relative, e.g., where a young teenage girl is pregnant by a non-relative; and

(I) Other concerns discovered through interviews with the Honolulu Community Action Program, WCCHC, and other concerned citizens;

and

BE IT FURTHER RESOLVED that the study also include but not be limited to a review of cases of recurring abuse and neglect; and

BE IT FURTHER RESOLVED that specific system recommendations be provided to guide the reform and design for an effective child welfare system; and

BE IT FURTHER RESOLVED that the Auditor submit the findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2004; and

BE IT FURTHER RESOLVED that the Hawaii Civil Rights Commission is requested to investigate the following repeated violations of state and federal laws and regulations by CPS:

(1) PL. 96-272. 42 U.S.C. Sections 671 and H.A.R. 17-920.1-18(d)(e), reasonable effort requirements to prevent the removal of children by providing appropriate services as an alternate to placement;

(2) H.A.R. 17-828-1-2-3, to preserve and rehabilitate or reunite families wherever possible;

(3) H.A.R. 17-920.1-17(a), to remove a child from the custody of the child's parents only when the child's welfare and safety would otherwise be endangered;

(4) otl-1.R.S.350-a, extensive definitions of neglect and abuse mandated standards for the decision to remove a child from the home;

(5) H.A.R. 17-943.1-1(2), mandates the agency to provide, purchase, or develop the supportive and rehabilitative services to the family to prevent foster placement and facilitate the goal of reunification;

(6) H.R.S. 346-14(2), to promote the immediate health and safety of the children;

(7) H.R.S. 346-14(5), to reduce the risk of future maltreatment of children who have previously been abused or neglected;

(8) H.R.S. 346-14(4), to avoid unnecessary placement of children into foster care;

(9) H.R.S. 346-14(3), to facilitate speedy reunification of parents with their children;

(10) H.R.S. 587-1, to promote the best interest of the child;

(11) H.R.S. 346-14, to provide family preservation services which are brief, comprehensive, and intensive services provided to prevent the out-of-home placement of children or to promote the safe return of children to the home;

(12) H.R.S. 587-21(1) and (2), when conducting investigations, the department may enlist the cooperation of appropriate law enforcement authorities for phases of the investigation for which they are better equipped;

(13) 45 C.F.R. 205-10, H.R.S. 346-12, and H.A.R. 17-602-1, giving parents a "Notice of Adverse Action" required by law that CPS, with every change or for any violation that affects the parent's case and their children;

(14) 45 C.F.R. 1356.21(b)(1)(1) and (ii), when a child is removed from the home, to judicial determine whether reasonable efforts were made or were not required to prevent the removal, is made no later than 60 days from the date the child was removed from the home, and if the determination is not made as specified, the child is not eligible for foster care maintenance payments; and

(15) Families are being denied due process as required by the State and federal constitutions.

and

BE IT FURTHER RESOLVED that the Civil Rights Commission submit its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2004; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor; Director of the Hawaii Civil Rights Commission; Director of Human Services; Attorney General; Directors of the Family Court, First through Fifth Circuits; the Executive Director of the National Conference of State Legislatures; Chiefs of Police of the Counties of Kauai, Maui, and Hawaii, and the City and County of Honolulu; and Child Protective Services Roundtable members.

Report Title:

Child Protective Services