Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2458 entitled:

begs leave to report as follows:

The purpose of this bill is to clarify and expand the ability of the Department of Human Services (DHS) to use alternatives to bringing children into the formal Child Protective Services (CPS) system.

DHS, the Child Welfare Services State Advisory Council, Blueprint for Change, and several concerned individuals testified in support of this bill. The Judiciary took no position but raised numerous concerns regarding this bill.

Your Committee finds the definition for "diversion services" is vague and broad, and the amended definitions of "harm" and "threatened harm" are likewise vague and may have unintended consequences, including due process issues.

Your Committee acknowledges the concerns raised by Family Court, but also finds that many people are frustrated with the CPS system and want strict legislation that will move that system in a positive direction. With that in mind, your Committee hopes that this bill, as amended, will spark discussion and bring together interested parties, including Family Court and DHS to work together to improve the system.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2458, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2458, H.D. 1.