Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Human Services, to which was referred S.C.R. No. 129 entitled:

begs leave to report as follows:

The purpose of this measure is to request the Department of Human Services and the Chief of the Hawaii County Police Department to publicly disclose information related to the disappearance of Peter Kema, Jr.

The Department of Human Services and Hawaii Youth Services Network submitted testimony in support of this measure. The Attorney General submitted comments.

Your Committee finds that it is necessary to clarify laws pertaining to the release of confidential information to third parties under the Child Protective Act. Confidentiality in child abuse and neglect cases is important to protect the rights of family members and ensure the safety of juveniles. On the other hand, confidentiality laws have created difficulties in providing information to the public, other government agencies, and non-profit legal service providers. The case of Peter Boy Kema illustrates the problems associated with confidentiality laws that are too broad.

The Hawaii Supreme Court, in Kema v. Gaddis, 91 Haw. 200 (1999), invalidated a Family Court (Third Circuit) Order that authorized the release of information pertaining to a protection proceeding. The Department of Human Services on December

29, 2004, with the assistance from the Attorney General, revised the applicable confidentiality rules. The Department of Human Services is now authorized to disclose confidential records regarding a certain child without consent or court order when that child is missing. Testimony from the department indicated that it is prepared to release this information upon direction from the Legislature.

As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 129 and recommends that it be referred to the Committee on Judiciary and Hawaiian Affairs.