HOUSE OF REPRESENTATIVES

H.B. NO.

640

THIRTY-THIRD LEGISLATURE, 2025

H.D. 3

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CHILD WELFARE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that Act 86, Session Laws of Hawaii 2023, established the malama ohana working group, which was tasked with recommending transformative changes to the State's existing child welfare system.  Over the course of fifteen months, seventeen members of the malama ohana working group, which represented those serving youth, as well as youth and families throughout the State, together with hundreds of community members, opened their hearts and listened deeply to the stories of lived experience within the child welfare system.

     The malama ohana working group strove to develop recommendations to establish a child welfare system that is trauma-informed, sustains a community-based partnership, and responds to the needs of children and families in the system and the community.  Their work resulted in a powerful vision for transforming how Hawaii supports families and protects children.

     Among the many recommendations to move toward this vision was the establishment of a method for the independent resolution of complaints concerning the child welfare system.  Currently, the office of the ombudsman plays this role, upon request.

     The legislature further finds that the office of the ombudsman is an independent agency of the legislature that investigates complaints about actions of executive branch agencies of the State and counties.  The ombudsman serves as a neutral, independent intermediary between citizens and executive agencies.  The ombudsman has the authority to obtain necessary information for an investigation and to recommend corrective action if a complaint is found to be substantiated.

     As a first step in addressing concerns raised by the malama ohana working group, the legislature wishes to fully utilize the office of the ombudsman by raising awareness of the office as a resource for those who have complaints related to the child welfare services branch of the department of human services.

     Therefore, the purpose of this Act is to:

     (1)  Require the office of the ombudsman to publish an annual report on its website that identifies the number and nature of complaints that it receives regarding the child welfare services branch of the department of human services; and

     (2)  Require the child welfare services branch of the department of human services to notify birth families, children in foster care, and resource caregivers that they can file a complaint with the office of the ombudsman.

     SECTION 2.  The office of the ombudsman shall publish on its website an annual report that identifies:

     (1)  The number and nature of complaints that the office of the ombudsman receives regarding the child welfare services branch of the department of human services; provided that for the purposes of this paragraph, "nature of complaint" means the relationship of the complainant with the child welfare services branch and the service provided by the child welfare services branch that is the subject of the complaint; and

     (2)  The disposition of those complaints.

     SECTION 3.  The child welfare services branch of the department of human services shall notify all individuals, including birth families, children in foster care, and resource caregivers, that they can also file a complaint with the office of the ombudsman if they disagree with a decision made by the child welfare services branch when a case is first established and again at the time that an oral or written complaint is made to employees of the child welfare services branch.

     SECTION 4.  This Act shall take effect on July 1, 3000.

 


 

Report Title:

Office of the Ombudsman; Child Welfare Services Branch; Department of Human Services; Complaints

 

Description:

Requires the Office of the Ombudsman to publish an annual report on its website that identifies the number and nature of complaints that it receives regarding the Child Welfare Services Branch of the Department of Human Services.  Requires the Child Welfare Services Branch to provide notification to certain parties that complaints can also be filed with the Office of the Ombudsman.  Effective 7/1/3000.  (HD3)

 

 

 

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