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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
85 |
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TWENTY-SECOND LEGISLATURE, 2003 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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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 intent of the legislature is to ensure the safety and welfare of all of Hawaii's children; and
WHEREAS, although there have been anecdotal reports that child protective services social workers and others have violated individual civil rights and have acted in ways that appear to be inconsistent with this goal, there are also reportedly cases where the social workers did not act in a timely and effective manner to protect a child in an allegedly abusive situation; and
WHEREAS, the Department of Human Services (DHS), the Department of the Attorney General, the family courts, and county police departments 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, and to conduct a program audit of the Child Protective Services Division (CPS) of the Department of Human Services, the Department of the Attorney General, the 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 statewide to commit to the effort outlined herein; and
BE IT FURTHER RESOLVED that the audit be statewide in scope and 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 the 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 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 the Auditor, with the assistance of the U.S. Department of Health and Human Services, Office for Civil Rights, is requested to review existing federal and state statutes that may exacerbate the perceived problems with the existing child protective services system, and to investigate alleged repeated violations of the following state and federal laws and regulations by CPS:
(1) P.L. 96-272, codified as 42 U.S.C. section 671, and section 17-920.1-18(d)(e), Hawaii Administrative Rules (HAR), requiring reasonable effort requirements to prevent the removal of children by providing appropriate services as an alternate to placement;
(2) Section 17-828-1-2-3, HAR, requiring DHS to preserve and rehabilitate or reunite families wherever possible;
(3) Section 17-920.1-17(a), HAR, permitting the removal of a child from the custody of the child's parents only when the child's welfare and safety would otherwise be endangered;
(4) Section 350-1, Hawaii Revised Statutes (HRS), providing extensive definitions of neglect and abuse and establishing standards for the decision to remove a child from the home;
(5) Section 17-943.1-1(2), HAR, mandating DHS to provide, purchase, or develop supportive and rehabilitative services to the family to prevent foster placement and to facilitate the goal of reunification;
(6) Section 346-14(2), HRS, making paramount the immediate protection of the health and safety of the children;
(7) Section 346-14(5), HRS, which aims to reduce the risk of future maltreatment of children who have previously been abused or neglected;
(8) Section 346-14(4), HRS, which aims to avoid unnecessary placement of children into foster care;
(9) Section 346-14(3), HRS, which aims to facilitate speedy reunification of parents with their children;
(10) Section 587-1, HRS, which promotes the best interests of the child;
(11) Section 346-14, HRS, which provides for family preservation services, or 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) Sections 587-21(a)(1) and (2), HRS, allowing DHS, in conducting investigations, to 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, section 346-12, HRS, and section 17-602-1, HAR, requiring DHS to provide the parent(s) with a "Notice of Adverse Action" for 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), requiring a judicial determination, when a child is removed from the home, as to whether reasonable efforts were made or were not required to prevent the removal, no later than sixty days from the date the child was removed from the home, and providing that, if the determination is not made as specified, the child is not eligible for foster care maintenance payments; and
(15) The denial of due process for families, as required by the State and federal constitutions; and
BE IT FURTHER RESOLVED that the Auditor submit a report on its findings on the alleged violations stated, and including recommendations and proposed legislation, if any, 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; the Director of Human Services; the Attorney General; the Director of the Office for Civil Rights under the U.S. Department of Health and Human Services; the Executive Director of the National Conference of State Legislatures; the 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; Program Audit