STAND. COM. REP. NO. 2145

Honolulu, Hawaii

RE:    S.B. No. 2848

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Human Services, to which was referred S.B. No. 2848 entitled:

"A BILL FOR AN ACT RELATING TO NOTICE TO CHILDREN PURSUANT TO THE CHILD PROTECTIVE ACT,"

begs leave to report as follows:

     The purpose and intent of this measure is to provide a child friendly process of hearing notification to children in child protection cases to avoid children being served the summons by a law enforcement officer.

     Your Committee received testimony in support of this measure from the Department of Human Services and Department of the Attorney General.  Your Committee received comments on this measure from the Judiciary, State of Hawaii.

     Your Committee finds that it is not in the best interests of children who are parties to child protection cases to be served a summons by a law enforcement officer.  When the Child Protective Act was amended by Act 135, Session Laws of Hawaii 2010, an oversight occurred that requires children to be served with a summons by a law enforcement officer.  Your Committee finds that it is less intimidating and more therapeutic for children to receive notice of the petition, the date and time of the initial hearing, and the child's right to participate in the hearing through notification by the Department of Human Services.

     Your Committee has amended this measure by:

     (1)  Adding language requiring the Department of Human Services to provide notice to children in child protection hearings a minimum of twenty-four hours prior to the time set forth in the summons for a temporary foster custody hearing and a minimum of forty-eight hours prior to the time set forth in the summons for any other hearing; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2848, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2848, 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,

____________________________

SUZANNE CHUN OAKLAND, Chair