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 S.B. No. 2933 entitled:

begs leave to report as follows:

The purpose of this measure is to comply with recommendations of the federal Child and Family Services Review of Hawaii's child welfare system.

Specifically, this measure allows the Department of Human Services (DHS) to take specific action in cases involving harm to the child where the parent, legal guardian, or caregiver is non-compliant with any diversion services or has failed to demonstrate the ability to provide for the child's safety. The DHS, among other things, may refer that child and family to a state or community resource that provides the assistance needed to address the problems in the home.

Testimony in support of this measure was submitted by the Department of Human Services, Child Welfare Services, State Advisory Council, Blueprint for Change, and Hale Na'au Pono. Comments were also submitted by the Judiciary.

Your Committee finds that the federal Child and Family Services Review of Hawaii's child welfare system recommends the use of culturally sensitive, family-strengthening diversion and other supportive services to improve the safety and well-being of children and families. The amendments in this measure are necessary to comply with the federal recommendations.

This measure clarifies that caregiving of children outside of the family home by relatives and friends and other diversion and supportive services are available in lieu of taking custody of their children. This will ensure that the child will not be taken out of custody unnecessarily, and preserve the relationships that are important to the child's well-being.

Your Committee wishes to stress to the DHS that it should comply with the law set out in the Hawaii Supreme Court cases of In the Interest of Jane Doe, 65 P.3d 167 (2003), and In the Interest of John Doe, 74 P.3d 1007 (2003), to take necessary action in appropriate circumstances to protect the best interests of the child. Your Committee believes the DHS has the necessary statutory authority under this measure and existing law to adopt rules, if necessary.

Your Committee has amended the measure by making technical, nonsubstantive amendments.

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 S.B. No. 2933, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2933, S.D. 1.