STAND. COM. REP. NO. 2213

Honolulu, Hawaii

RE:    S.B. No. 3058

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Human Services and Public Housing, to which was referred S.B. No. 3058 entitled:

"A BILL FOR AN ACT RELATING TO CHILD WELFARE SERVICES,"

begs leave to report as follows:

     The purpose of this measure is establish procedures whereby  abused or neglected children can be placed by the Department of Human Services with caregivers who are not the child's legal or physical custodian, under specified conditions.

     Your Committee received testimony in support of this measure from the Department of Human Services.  Comments were received from the Family Court.

     This measure clarifies that our local customs of caring for children outside of the family home by relatives and friends and other diversion and supportive services are, where appropriate, available alternatives to the Department of Human Services and the court assuming custody of children.  The federal Child and Family Services Review of Hawaii's child welfare system recommends the use of culturally sensitive and family strengthening diversion and other supportive services to improve the safety and well-being of children and families.  This Act seeks to comply with the Child and Family Services Review's recommendations.

     Under current law, the Department of Human Services is required to make assessments of the home of the child's legal guardian, which is presumed to be where the child in fact lives.  However, oftentimes, the child lives with other people, in accord with the common local practice of "hanai".  This measure allows for the continuation of that arrangement in the best interest of the child.

     The paramount concern of your Committee is the welfare of the child.  Alternative arrangements must be safe and appropriate for the child.  The intent of your Committee is that the Department of Human Services comply with the intent of the Child Protective Act, as stated in section 587-1, Hawaii Revised Statutes, in pertinent part:

     "The legislature finds that children deserve and require competent, responsible parenting and safe, secure, loving, and nurturing homes....  The policy and purpose of this chapter is to provide children with prompt and ample protection from the harms detailed herein, with an opportunity for timely reconciliation with their families if the families can provide safe family homes, and with timely and appropriate service or permanent plans to ensure the safety of the child so they may develop and mature into responsible, self-sufficient, law-abiding citizens."

     Your Committee has amended this measure by making a technical, nonsubstantive amendment.

     As affirmed by the record of votes of the members of your Committee on Human Services and Public Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3058, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3058, S.D. 1, and be referred to the Committee on Judiciary and Labor.

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

____________________________

SUZANNE CHUN OAKLAND, Chair