STAND. COM. REP. NO. 3577

Honolulu, Hawaii

RE:    H.B. No. 2340

       H.D. 1

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 2340, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORDS CHECKS UNDER THE CHILD PROTECTIVE ACT,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Department of Human Services to conduct criminal history record checks on alleged perpetrators of harm or threat of harm to a child and all adults living in the family home of an alleged child victim, without consent, when an assessment is required under the Child Protective Act.

     Your Committee received testimony in support of this measure from the Kapiolani Child Protection Center and Family Program Hawaii's It Takes an Ohana Program.

     Your Committee finds that there is a compelling state interest to protect children from potential harm.  When credible allegations of child abuse or a significant potential for child abuse exists, the Department of Human Services must conduct a thorough assessment to determine the safety of the family home.  Criminal history record checks are a valuable tool for investigating the level of probable risk a child faces from the adults in the child's immediate environment.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of January 7, 2059, to encourage further discussion; 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 Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2340, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2340, H.D. 1, S.D. 2.

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

________________________________

GILBERT S.C. KEITH-AGARAN, Chair