STAND. COM. REP. NO.  1295

Honolulu, Hawaii

                , 2009

RE:   S.B. No. 912

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 912, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PERMANENCY HEARINGS,"

begs leave to report as follows:

     The purpose of this bill is to ensure compliance with federal Title IV-E permanency hearing requirements by:

     (1)  Requiring that a permanency hearing be held within 12 months of a child's initial date of entry into out-of-home care or within 30 days of a judicial determination that a child is an abandoned infant or that aggravated circumstances are present and reasonable efforts to reunify a child and family are not required;

     (2)  Requiring that the status of the child be reviewed at least every 12 months thereafter to determine whether the child is receiving appropriate services, that case plans are being properly implemented, and that plans are made that will lead to permanent placement; and

     (3)  Delineating permanency hearing procedures.

     The Department of Human Services supported this bill.  The Judiciary opposed this measure.

     Your Committee has amended this bill by making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 912, S.D. 2, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 912, S.D. 2, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

JON RIKI KARAMATSU, Chair