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THE SENATE |
S.C.R. NO. |
14 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
REQUESTING THE DEPARTMENT OF HUMAN SERVICES, IN COLLABORATION WITH THE DEPARTMENT OF HEALTH, TO CONVENE A TASK FORCE TO ESTABLISH SAFE AND EFFECTIVE DISCIPLINE FOR ALL CHILDREN IN HAWAII.
WHEREAS, studies have shown
that corporal punishment is not an effective form of discipline and instead is linked
to an increased risk of negative behavioral, cognitive, psychosocial, and emotional
outcomes for children; and
WHEREAS, more specifically,
there is overwhelming scientific evidence that using physical discipline to punish
children: is ineffective in teaching
responsible behavior; impacts normal brain development; delays language development;
increases the likelihood of abuse and injury in children; increases aggression
in pre-school and school-aged children; increases the likelihood that children
will become more defiant and aggressive; teaches children that aggression is an
acceptable method of problem solving; increases mental health disorders in
children; and has a negative effect on the parent-child relationship; and
WHEREAS, the phrase "corporal
punishment," as used by the American Academy of Pediatrics, means non-injurious,
open-handed hitting with the intention of modifying child behavior; and
WHEREAS, the American
Academy of Pediatrics, an organization of more than sixty-seven thousand
pediatricians, issued a policy statement in December 2018 recommending against the
use of any form of corporal punishment on children and advocating for the dissemination
of safe and effective discipline practices for adults responsible for child care;
and
WHEREAS, virtually all
professional organizations that are involved with the health, well-being, and
safety of children have come to similar conclusions with respect to banning corporal
punishment and promoting alternative measures of discipline, including the American
Academy of Child and Adolescent Psychiatry, American Psychological Association,
American Public Health Association, American Academy of Family Physicians, American
Bar Association, American Civil Liberties Union, American Humane Association, and
National Association of Pediatric Nurse Practitioners; and
WHEREAS, although the
United States Supreme Court has held since 1977 that corporal punishment of
prisoners is prohibited by the United States Constitution, the Court has not opined
on whether corporal punishment of children is also prohibited; and
WHEREAS, the Injury
Prevention Branch of the United States Centers for Disease Control and Prevention
has urged legislative action to stop the use of corporal punishment on children;
and
WHEREAS, the United
Nations Convention on the Rights of the Child called on all member states as early
as 1989 to ban corporal punishment of children; and
WHEREAS, fifty-eight countries
have banned corporal punishment in some form and at least thirty of those countries
fully ban physical punishment of children; and
WHEREAS, in 1973, Hawaii
led the nation by becoming the third state to ban corporal punishment in
schools; now, therefore,
BE IT RESOLVED by the
Senate of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2020,
the House of Representatives concurring, that the State of Hawaii supports the right
of parents to use safe and effective methods of discipline and teaching; and
BE IT FURTHER RESOLVED
that the Department of Human Services, in collaboration with the Department of Health,
is requested to convene a Task Force on Corporal Punishment to do the following:
(1) Evaluate scientific research on the use of corporal punishment on children and the effects thereof;
BE IT FURTHER RESOLVED
that the Director of Human Services and the Director of Health are requested to
serve as co-chairs of the Task Force and to invite one representative from each
of the following entities to serve as members of the Task Force:
(1) The Department of the Attorney General;
(2) The School Health Section of the Department of
Education;
(3) The Child Welfare Services Branch of the
Department of Human Services;
(4) The Maternal and Child Health Branch of the
Department of Health;
(5) The University of Hawaii School of Medicine;
(6) The University of Hawaii School of Nursing;
(7) The University of Hawaii School of Social
Work;
(8) The Judiciary's Zero to Three Court program;
(9) The United States Department of Justice;
(10) The Kapiolani Medical Center for Women and
Children; and
(11) Retired judges from the State Judiciary; and
BE IT FURTHER RESOLVED
that the Director of Human Services is requested to consider inviting representatives
from the following entities to serve as additional non-voting participants of
the Task Force:
(1) The Hawaii chapter of the American Academy of
Pediatrics;
(2) The Hawaii chapter of the American Academy of
Child and Adolescent Psychiatry;
(3) The Hawaii chapter of the American
Psychological Association;
(4) The Hawaii chapter of the American Bar Association;
(5) The Hawaii chapter of the National Association
of Social Workers;
(6) The Hawaii chapter of the National Association
of Pediatric Nurse Practitioners;
(7) A religious organization; and
(8) A parent advocacy organization; and
BE IT FURTHER RESOLVED
that the Task Force is requested to submit a report to the Legislature of its
findings and recommendations, including any proposed legislation, no later than
forty days prior to the convening of the Regular Session of 2021; and
BE IT FURTHER RESOLVED
that the members of the Task Force shall serve without compensation; and
BE IT FURTHER RESOLVED
that certified copies of this Concurrent Resolution be transmitted to the Attorney
General of the United States, Director of Human Services, Director of Health, Superintendent
of Education, Attorney General, Administrative Director of the Courts, President
of the University of Hawaii, and the Chief Executive Officer of the Kapiolani Medical
Center for Women and Children.
Keiki Caucus; Corporal Punishment; Task Force