SB3054

SECTION 1. State statutes currently contain a discrepancy regarding the age at which the child must give consent for actions regarding the child's life and legal status. For adoption, the consent of the child is required if the child is more than ten years of age. For the termination of parental rights, the child who has reached the age of fourteen has to consent to the proposed permanent plan that specifies a goal of adoption, legal guardianship, or permanent custody of the child.

This discrepancy in the age of consent for adoption and the age of consent for the permanent plan has been confusing for the children and for the adults working with the children.

Changing the age of consent to fourteen years will not delay adoptions nor will it decrease the child's involvement in the adoption process. Ensuring that every child involved in the adoption understands what the adoption means, to the best of his or her developmental ability, is an important factor to the success of the adoption. Children and youth are always to be involved in the case planning and planning for their own futures, to the fullest extent possible based on their age and development, regardless of the age of consent.

Changing the age of consent for a child in the adoption proceedings from ten to fourteen is appropriate because it recognizes the cognitive development and ability of the child, provides for informed consent by the child, and is consistent with existing statutory requirements regarding a child's consent to the termination of parental rights.

Nationally, twenty-five states and the District of Columbia set the age of consent at fourteen. Eighteen states require a child's consent at age twelve. Only six states, including Hawaii, require consent at age ten. In eleven states, the requirement can be dispensed with if the child lacks the mental capacity to consent. In sixteen states, the court, in its discretion, may dispense with consent if it is in the best interest of the child. Colorado requires that the child be provided with counseling prior to giving consent.

SECTION 2. Section 578-2, Hawaii Revised Statues, is amended by amending subsection (a) to read as follows:

"(a) Persons required to consent to adoption. Unless consent is not required or is dispensed with under subsection (c) hereof, a petition to adopt a child may be granted only if written consent to the proposed adoption has been executed by:

(1) The mother of the child;

(2) A legal father as to whom the child is a legitimate child;

(3) An adjudicated father whose relationship to the child has been determined by a court;

(4) A presumed father under section 578-2(d);

(5) A concerned natural father who is not the legal, adjudicated, or presumed father but who has demonstrated a reasonable degree of interest, concern or responsibility as to the welfare of a child, either:

(A) During the first thirty days after such child's birth; or

(B) Prior to the execution of a valid consent by the mother of the child; or

whichever period of time is greater;

(6) Any person or agency having legal custody of the child or legally empowered to consent;

(7) The court having jurisdiction of the custody of the child, if the legal guardian or legal custodian of the person of the child is not empowered to consent to adoption;

(8) The child to be adopted if [~~more than ten years of age,~~] the child has reached the age of fourteen, unless the court, after consulting with the child in camera, finds that it is in the best interest of the child dispenses with the child's consent."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________
	BY REQUEST

THE SENATE	S.B. NO.	3054
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII