STAND. COM. REP. NO. 53-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1813

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. 1813 entitled:

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

begs leave to report as follows:

The purpose of this bill is to create more accountability in the Guardian Ad Litem (GAL) program by:

(1) Requiring GALs to undergo a criminal history record check and drug testing;

(2) Requiring the Judiciary to establish a system to monitor and evaluate the performance of GALs; and

(3) Requiring the Auditor to conduct a management and financial audit of GAL appointments made in child protective proceedings.

Several concerned citizens testified in support of this measure. The Judiciary, Legal Aid Society of Hawaii, and a concerned individual opposed this measure. The Department of Human Services provided comments.

Your Committee finds that the GAL program plays a large role in child protective proceedings and that all volunteer GALs are screened by the Judiciary's Volunteer Guardians Ad Litem Unit.

However, the performance of GALs have been questioned by some affected families who have stated that there needs to be more accountability in the GAL program.

Your Committee has some concerns regarding drug testing of GALs because it may deter individuals from participating in the GAL program, and testing can be costly. Your Committee respectfully requests the Committee on Judiciary to discuss the issue further.

Your Committee understands that there are not enough GALs to manage child protective cases, and respectfully requests the Committee on Judiciary to also discuss the issue of requesting the Judiciary to consider establishing suggested caseload guidelines for GALs.

Accordingly, your Committee has amended this bill by:

(1) Excluding volunteer GALs from background checks and drug testing;

(2) Inserting an appropriation for the Judiciary's GAL program; 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. 1813, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1813, 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