STAND. COM. REP. NO.  29-18

Honolulu, Hawaii

                , 2018

RE:   H.B. No. 1885

      H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

     Your Committee on Health & Human Services, to which was referred H.B. No. 1885 entitled:

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

begs leave to report as follows:

The purpose of this measure is to ensure that children in foster custody have equitable access to counsel and judicial process to recover damages from a third-party injury by:

     (1)  Requiring certain persons to immediately report an injury to a child in foster custody that may result in a potential tort claim to the family court; and

     (2)  Establishing procedures for the family court to allow a child in foster custody to obtain outside legal representation.  

The Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii and two concerned individuals supported this measure.  The Judiciary and Department of Human Services provided comments.

     Your Committee notes the concerns raised by the Department of Human Services and respectfully requests that the Department of the Attorney General comment on this issue.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Health & Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1885, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1885, H.D. 1, and be referred to your Committee on Judiciary.

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

____________________________

JOHN M. MIZUNO, Chair