STAND

STAND. COM. REP. 3198

Honolulu, Hawaii

, 2004

RE: H.B. No. 1980

H.D. 1

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1980, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to eliminate closed hearings in Family Court child protective services (CPS) matters, allow parents involved in CPS matters to be represented by a non-lawyer advocate in hearings, require a review of Family Court judges, and require Family Court judges to enforce perjury statutes.

Testimony in support of this measure was submitted by Pro-Family Hawaii and nineteen individuals. Comments were also submitted by the Judiciary, the Department of Human Services, and Child Welfare Services.

Your Committee finds that there have been many concerns raised by the community about the treatment of parents and children involved with CPS. Your Committee further finds that closed hearings in CPS cases perpetuate feelings of distrust and a lack of a fair hearing. Your Committee believes that these hearings should be open to the general public.

Your Committee also recognizes that there are federal requirements that address child protection and treatment. Your Committee further notes that by opening Family Court hearings to the public, the process must be closely examined to prevent violating the federal Child Abuse Prevention and Treatment Act while carrying out the purpose of this measure.

Your Committee adopted the amendments suggested by the Judiciary to clarify that non-lawyer advocates must meet specific criteria in order to represent parents in court.

Your Committee also adopted the amendments suggested by the Department of Human Services to clarify that:

(1) An advocate shall represent only the parent who agrees to the representation; and

(2) The State shall not reimburse any fees or expenses associated with the advocate's representation of the parent.

Your Committee has also amended this measure to:

(1) Clarify that all hearings shall be open to the general public unless a parent or child, through the child's guardian ad litem, requests the hearing to be confidential. If a request is made, the judge shall make a decision on the record whether closure of the hearing is in the best interest of the child;

(2) Delete the provision that parents shall be able to bring "any other adult" to the hearing because the hearing is open to the general public, so any adult is allowed to attend; and

(3) Amend the effective date to July 1, 2005, a date that is after the Chief Justice of the Supreme Court is to provide a report of the Family Court judges to the Legislature.

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 is in accord with the intent and purpose of H.B. No. 1980, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1980, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

		____________________________ COLLEEN HANABUSA, Chair