SB2086

SECTION 1. The case of Peter Kema, Jr., also known as Peter Boy, revealed the urgency, as well as the difficulty in locating missing children. Despite ongoing, statewide efforts since the report of his disappearance in 1998, Peter Boy's condition and whereabouts are still unknown.

As of November 6, 2007, there were fifty‑six children on the department of human services' missing children list. Missing children may include runaways, as well as, abducted children. However, runaways are sometimes categorized separately, masking the actual number of children that are separated from their families or otherwise unaccounted for in Hawaii. In addition to the reported cases of missing children, some families involved with child welfare services move nomadically between various homes or locations, thereby unwittingly or purposefully hindering efforts to confirm their children's health and safety.

The department of human services publishes a current list of missing children on its web site to solicit information. The department of human services also uses other means, on an on‑going basis, to locate missing children, including contacting law enforcement, speaking with family members, calling last known caretakers and service providers, and checking last known hang‑outs. However, investigating these cases can be a challenge given the number of abuse and neglect cases reported annually. The department of human services' final report for the July 1, 2004 to June 30, 2006 Hawaii program improvement plan indicates that timely responses to reports and face‑to‑face contacts with children, parents, and foster parents are key areas in need of improvement.

Faced with difficulty investigating over four hundred alleged abuse and neglect cases because the families could not be located, Tarrant county child protective services in Texas initiated a program, funded by United Way, to hire a licensed private investigator to locate the missing families. Between November 2004 and August 2005, approximately five hundred thirty cases were referred to the private investigator. The private investigator was able to locate three hundred thirty of the missing families. Funding was also provided for the private investigator to train caseworkers on investigative skills to help them track families on their own.

The National Center for Missing and Exploited Children offers law enforcement powerful resources, free of charge, to help investigate cases of missing and exploited children. One of its programs, Project ALERT (America's Law Enforcement Retiree Team), is comprised of over one hundred fifty‑five retired federal, state, and local law enforcement professionals who volunteer their time and expertise. Their free consulting service is available to requesting agencies that need, among other things, training and additional manpower to resolve recent or long‑term missing child cases.

The purpose of this Act is to:

(1) Authorize the department of human services to use the services of a qualified individual or organization, such as a licensed private investigator or volunteer law enforcement retiree organization, to investigate the whereabouts of missing and exploited children; and

(2) Require the department of human services to convene a task force to coordinate the development of a statewide corps of retired federal, state, and local law enforcement professionals who can volunteer their expertise in investigating missing, abducted, and exploited children.

SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§346‑ Missing and exploited children; investigative assistance. (a) The department may use the services of a qualified individual or organization, such as a licensed private investigator or volunteer law enforcement retiree organization, to investigate the whereabouts of missing and exploited children; provided that the individual or organization has investigative experience or training in missing and exploited children cases. For purposes of this section, "exploited children" means children who are the subject of actual or alleged abuse or neglect.

(b) The department shall adopt rules pursuant to chapter 91 for purposes of this section, including under what circumstances confidential information may be disclosed."

SECTION 3. (a) The department of human services shall convene a task force to coordinate the development of a statewide corps of retired federal, state, and county law enforcement professionals who are willing to volunteer their expertise in investigating cases of missing, abducted, and exploited children. For purposes of this section, "exploited children" means children who are the subject of actual or alleged abuse or neglect.

(b) The task force shall include representatives of:

(1) The department of human services, child welfare services branch;

(2) The department of the attorney general, missing child center Hawaii;

(3) The department of public safety;

(4) Each of the four county police departments;

(5) The local Fraternal Order of Police; and

(6) AARP Hawaii.

(d) The task force shall submit a report, including any information gathered, action taken, recommendations, and proposed legislation to the legislature no later than twenty days prior to the convening of the 2009 regular session.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2086
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII