RESOLUTION

WHEREAS, the Department of Human Services, through its Child Welfare Services Branch, provides protection to children at risk of abuse or neglect; and

WHEREAS, Census 2000 data indicates Native Hawaiians continue to comprise a disproportionate share of Hawaii's poor, unemployed, homeless, and other indicators that demonstrate a lack of social and economic health and well-being; and

WHEREAS, many Native Hawaiian and other communities are battling the epidemic effects of crystal methamphetamine and related drug use, which is having grave impacts upon families; and

WHEREAS, there are an increasing number of anecdotal accounts of children being summarily removed from Native Hawaiian families by Child Welfare Services and placed in foster care or put up for adoption, when responsible family caregivers, such as grandparents, were willing and able to care for these children; and

WHEREAS, the lack of state resources on the part of Child Protective Services has not only torn apart the fabric of many Native Hawaiian families, but placed innocent children in harm's way; and

WHEREAS, in January 1999, the State Auditor released a report entitled "Audit of the Child Protective Services System" (Report No. 99-5) criticizing the department's communication and decision-making processes which affect the children's safety and well-being; and

WHEREAS, because these are such sensitive issues, a follow-up audit was conducted (Report No. 03-12), which found that many of the deficiencies in 1999 continue and that the problem stems from the disregard of department management controls; and

WHEREAS, the State's child abuse and neglect database remains unreliable, resulting in inaccurate, incomplete, and outdated case information; and

WHEREAS, the Department of Human Services' policy manual requires that all case records be maintained in a timely manner, and that system updates, including expungement where necessary, be performed on a timely basis; and

WHEREAS, timely filing and database input are management controls for accurate case file and database maintenance; and

WHEREAS, failure to document case files impacts a database's reliability and may cause decision-makers to lack key information placing children, families, and the State at risk; and

WHEREAS, section 350-2(d), Hawaii Revised Statutes, requires the Department of Human Services to promptly expunge reports of child abuse if it has found the reports to be unsubstantiated or if the family court has dismissed a petition arising from a child abuse report after an adjudicatory hearing; and

WHEREAS, complaints have arisen that the expungement of child abuse reports have not occurred in accordance with the law; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Department of Human Services is requested to ensure timely updates of the child abuse and neglect database under the Child Welfare Services System; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to conduct a study of other state laws for comparison with Hawaii law regarding expungement of child abuse reports from the central registry of reported child abuse or neglect cases in unsubstantiated cases, as well as guidelines for what constitutes "unsubstantiated"; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to investigate the process and procedures of the Department of Human Services with regard to prompt expungement of unsubstantiated child abuse reports, as required by law; and

BE IT FURTHER RESOLVED, that the Department of Human Services is requested to cooperate with the Legislative Reference Bureau in the investigation; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to report its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days before the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Director of Human Services, the Chair of the Board of Trustees of the Office of Hawaiian Affairs, and the Acting Director of the Legislative Reference Bureau.

CHILD WELFARE; DHS; NATIVE HAWAIIANS

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