STAND

STAND. COM. REP. NO. 54-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1810

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Human Services and Housing, to which was referred H.B. No. 1810 entitled:

"A BILL FOR AN ACT RELATING TO FAMILIES,"

begs leave to report as follows:

The purpose of this bill is to:

(1) Allow family members who are subject to proceedings under the Child Protective Act to seek the assistance of an independent family advocate; and

(2) Permit the advocate to perform certain functions on behalf of the requesting family member.

Many concerned individuals testified in support of this measure. The Department of Human Services (DHS) supported the intent of this measure. Blueprint for Change and the Hawaii Foster Parent Association submitted comments.

Your Committee finds that many families that are involved in the Child Protective Services System (CPS System) are not able to afford an attorney, and are not satisfied with the performance of court-appointed attorneys. A few family advocates who are familiar with the CPS System attempt to help guide these families through the proceedings, but their role is limited because of various access and confidentiality issues. Your Committee finds

that independent family advocates may be beneficial to families who are trying to navigate the CPS System without the benefit of hired counsel.

Your Committee has amended this bill by:

(1) Clarifying that any fees or expenses incurred or charged by the independent family advocate are not the responsibility of the State;

(2) Immunizing the State from liability for the actions of any independent family advocate; and

(3) Making technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Human Services and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1810, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1810,

H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services and Housing,

		____________________________ MICHAEL PUAMAMO KAHIKINA, Chair