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. 185 entitled:

begs leave to report as follows:

The purpose of this measure is to urge the Department of Human Services (DHS) to ensure timely updates of the child welfare services database.

Your Committee received testimony from the DHS which supports the intent and provided comments. Testimony in support was also received from the Hawaii Family Advocacy Center, and two individuals.

Many Native Hawaiian and other communities are battling the epidemic effects of crystal methamphetamine and related drug use, which are having grave impacts upon families. 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.

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. 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.

A major part of the problem is that allegedly the State's child abuse and neglect database remains unreliable, resulting in inaccurate, incomplete, and outdated case information. Timely filing and database input are management controls for accurate case file and database maintenance. Failure to document case files impacts a database's reliability and may cause decision-makers to lack key information which places children, families, and the State at risk.

Your Committee has amended this measure by requesting the Legislative Reference Bureau to conduct a study of other state laws regarding the expungement from the child abuse central registry of unsubstantiated child abuse reports, and an investigation into the process and procedures for expungement in Hawaii.

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. 185, as amended herein, and recommends that it be referred to the Committee on Judiciary and Hawaiian Affairs, in the form attached hereto as S.C.R. No. 185, S.D. 1.