STAND. COM. REP. NO.  530-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2596

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Human Services & Housing, to which was referred H.B. No. 2596 entitled:

"A BILL FOR AN ACT RELATING TO CHILDREN,"

begs leave to report as follows:

     The purpose of this bill as received is to make amendments to the State's child visitation laws.

     For purposes of receiving public input, your Committee circulated a proposed draft prior to the hearing.  The purpose of the proposed draft is to protect children in households where drugs are being used by requiring:

     (1)  The Department of Human Services (DHS) to conduct an investigation within 24 hours of receiving a report of alleged drug use in the home of a child;

     (2)  A parent or legal guardian to be free of drug use for at least 60 days prior to being allowed visitation rights with a child; and

     (3)  A parent or legal guardian to successfully participate in substance abuse treatment for at least one year prior to being awarded full custody of a child.

     DHS did not support the proposed draft.

     Your Committee has amended this bill by replacing its contents with the provisions in the proposed draft.  The proposed draft was further amended by:

     (1)  Expanding its scope to include cohabitants or caregivers;

     (2)  Requiring DHS to contact the police who will determine whether the child should be removed from the home;

     (3)  Requiring DHS to file for a temporary restraining order on behalf of the child against the individual who tested positive for drug use;

     (4)  Defining "illegal drug use" to mean the use of crystal methamphetamine, heroin, cocaine, phencyclidine (PCP), and morphine;

     (5)  Adding a severability clause;

     (6)  Requiring DHS to submit a report no later than 20 days prior to the convening of the Regular Session of 2009 on its efforts to prevent harm to children in homes where parents or caregivers are using illegal drugs; and

     (7)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services & Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2596, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2596, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services & Housing,

____________________________

MAILE SHIMABUKURO, Chair