Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.C.R. No. 17 entitled:

begs leave to report as follows:

The purpose of this measure is to convene a task force to reevaluate the appropriate placement of the Office of the Public Guardian (OPG).

Testimony in support of this measure was received from the Office of the Public Guardian, the State Council on Developmental Disabilities, and the Hawaii Disability Rights Center.

Your Committee finds that OPG was created to serve as court appointed guardian of the person, a legal decision-maker for adult wards of the state whose family members or friends are unavailable, unwilling, or unable to act as guardian for that person. OPG was placed within the Judiciary. Between fifty to sixty percent of OPG's current wards are diagnosed as developmentally disabled. More than thirty percent are adults diagnosed with dementia, and about ten percent are diagnosed with severe mental illness, including a few committed to the Hawaii State Hospital. There are more than 850 OPG wards statewide.

Your Committee further finds that in 1998, the Judiciary commenced an internal review of its programs. An internal planning committee and a consultant made a number of recommendations, and the reorganization process was named "Achieving Court Excellence" or ACE. The planning committee concluded that a conflict of interest exists between OPG and the courts because the court appoints OPG and receives annual reports from OPG for the purpose of monitoring the guardianship. Therefore, one of the ACE initiatives is to transfer OPG to an appropriate entity external to the Judiciary.

Your Committee agrees that a task force is required to determine the proper placement of OPG in order to best serve the needs of OPG wards.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 17 and recommends its adoption.