Report Title:

Children; Children of Incarcerated Parents; Bill of Rights

Description:

Establishes a bill of rights for children of incarcerated parents.

THE SENATE	S.B. NO.	2345
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to children.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that an estimated six thousand children in the State of Hawaii have a parent in prison.  Many children of incarcerated parents experience grief, guilt, shame, fear, depression, and have difficulty sleeping or concentrating.  Although children need to maintain contact with their parent, visits at correctional facilities can be frightening for some children.

     The purpose of this Act is to help maintain the well-being of children of incarcerated parents and support their needs.

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

     "§346-  Bill of rights for children of incarcerated parents. Children of incarcerated parents shall be afforded rights, which shall include the right:

(1) To be kept safe and informed at the time of the parent's arrest;

(2) To be heard when decisions are made about the child;

(3) To be considered when decisions are made about the child's incarcerated parent;

(4) To be well cared for in the incarcerated parent's absence;

(5) To speak with, see, and touch their incarcerated parent;

(6) To be supported as the child struggles with the parent's incarceration;

(7) To not be judged, blamed, or labeled because of the parent's incarceration; and

(8) To have a lifelong relationship with the parent."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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