Repeals the reproductive rights protection committee for not having served its intended purpose by being inactive for the last 8 years.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the reproductive rights protection committee was created in 1986 to assist the family court by providing a recommendation, based on a multidisciplinary assessment, on whether to sterilize an adult with a developmental disability who has a guardian. The purpose of the committee is to ensure that the interests of the ward are adequately taken into consideration and that unnecessary sterilization does not occur, especially if other alternatives are available. The input from the committee is advisory only and the family court may make its own determination regardless of the recommendation provided by the committee.

The reproductive rights protection committee is currently placed for administrative purposes in the department of health and has no budget or staff. A staff member of the department of health coordinates administrative matters and any budgetary needs come from the disability and communication access board. There have been no expenditures in the past eight years because, from 1995 through 2004, only one case was reviewed. It is unknown why no cases were referred to the committee. The legislature finds that the reproductive rights protection committee has not served its intended purpose by virtue of being inactive for nearly eight years.

The purpose of this Act is to abolish the reproductive rights protection committee and to provide for a resource list of advisors willing to assist the family court as an ad hoc panel when needed.

SECTION 2. Chapter 560, Hawaii Revised Statutes, is amended by adding a new section to part 6 of article V to be appropriately designated and to read as follows:

"§560:5-    Reproductive rights advisory list. The family court may maintain a resource list of advisors in the disciplines of law, medicine, theological or philosophical ethics, social work, and psychology or psychiatry with knowledge regarding the reproductive rights of incapacitated adults with disabilities. The court may seek advice and recommendations from one or more of the advisors on any petition for sterilization. The recommendations shall consider whether the ward is capable of giving informed assent and, if not, whether sterilization is in the best interest of the ward, consistent with the criteria set forth in section 560:5-608."

SECTION 3. Section 560:5-607, Hawaii Revised Statutes, is amended to read as follows:

"[[]§560:5-607[]] Hearing. (a) The court shall set a hearing on the petition [upon receipt of the recommendations of the reproductive rights [protection] committee] and shall order that notice of the time and place of hearing be provided to the ward, the guardian, and the guardian ad litem for the ward and [such] any other persons [as] that the court may designate.

(b) The ward [is] shall be entitled to be present at the hearing[,] and to see and hear all evidence bearing on the petition. The ward [is] shall be entitled to be represented by an attorney, in addition to the court-appointed guardian ad litem, to present evidence, and to cross examine witnesses including any person submitting a report[, and members of the reproductive rights [protection] committee]. The ward may be absent from the hearing if the ward is unwilling or is unable to participate."

SECTION 4. Section 560:5-606, Hawaii Revised Statutes, is repealed.

["[§560:5-606] Referral to reproductive rights [protection] committee. The court shall refer the petition to the reproductive rights [protection] committee for review and recommendation."]

SECTION 5. Section 560:5-610, Hawaii Revised Statutes, is repealed.

["§560:5-610 Reproductive rights protection committee. (a) There is established the reproductive rights protection committee within the department of health for administrative purposes. The committee shall consist of not fewer than five nor more than seven persons appointed, with the consent of the senate, by the governor for staggered terms as provided in section 26-34. The state council on developmental disabilities shall provide the governor with a list of nominees. The governor shall not be limited to the nominees provided in appointing the members of the committee. The committee shall include a person with a disability or the parent or guardian of such a person and persons from at least the following disciplines:

(b) The committee shall review and make recommendations to the court on all petitions for sterilization. In making its recommendation to the court, the committee shall investigate and determine whether the ward is capable of giving informed assent and, if not, whether sterilization is in the best interests of the ward. The committee shall consider the criteria set forth in section 560:5-608, in determining whether the ward is capable of providing informed assent or whether sterilization is in the best interest of the ward.

(c) The committee or designated members of the committee may interview or request written statements from the ward, physicians, relatives, concerned individuals, and others who, in the committee members' judgment, possess relevant information concerning the petition for sterilization. Conversely, the ward, the guardian ad litem, the petitioner, or any other person may request to speak to the committee or submit a written statement to the committee concerning the proposed sterilization.

(d) The committee shall submit a report in writing to the court containing its recommendation together with supporting documentation. Committee members who do not concur with the majority recommendation also shall submit a report in writing to the court detailing the basis for their dissent.

(e) The members of the committee shall serve without pay but shall be reimbursed for their actual and necessary expenses, including travel expenses incurred in carrying out their duties."]

SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the reproductive rights protection committee or the department of health relating to the functions of the reproductive rights protection committee shall be transferred to the judiciary with the functions to which they relate.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.