SB798

SECTION 1. The legislature finds that the department of human services is statutorily obligated to provide services "for the protection and care of abused or neglected children and children in danger of becoming delinquent to make paramount the safety and health of children who are harmed or are in life circumstances that threaten harm," pursuant to section 346-14, Hawaii Revised Statutes. Through its child welfare services branch, the department of human services places children who cannot remain safely in their homes into foster homes until those children can be reunited with their families or placed with adoptive parents or legal guardians.

The legislature further finds that there have been a number of egregious incidents involving the care of children under the department of human services' supervision, including some that have risen to the media's and public's attention. The legislature acknowledges the significant staffing challenges of the child welfare services branch in recruiting and retaining staff that has led to a vacancy rate of over twenty per cent.

At the legislature's request, a performance audit of the child welfare services branch was conducted by the state auditor that was culminated in the report Audit of the Department of Human Services' Child Welfare Services Branch, Report No. 24-05, April 2024. The report did not alleviate concerns about the branch's ability to fulfill its statutory obligation to protect children. Based on the foregoing, the legislature concludes that an oversight body is needed to recommend actions that will reduce child harm and death and improve and strengthen the effectiveness of the child welfare services branch.

The purpose of this Act is to establish and appropriate funds for a temporary oversight commission for the child welfare services branch of the social services division of the department of human services.

SECTION 2. (a) There is established within the department of the attorney general a child welfare services branch oversight commission for the purpose of making recommendations that will reduce child harm and death. The first meeting of the commission shall be convened by the attorney general no later than October 1, 2025. The department of the attorney general shall provide administrative support to the commission.

(b) The commission shall consist of the following members:

(1) The attorney general, or a designee, who shall serve as the chairperson of the commission;

(2) The director of human services, or a designee from a division or branch other than the social services division or the child welfare services branch;

(3) A representative of the department of health, to be designated by the director of health;

(4) A representative of the office of the auditor;

(5) A member of the house of representatives, to be appointed by the speaker of the house of representatives;

(6) A member of the senate, to be appointed by the president of the senate;

(7) Three representatives of different businesses or nonprofit organizations having expertise in child welfare services branch contracts, to be invited by the chairperson; provided that the business or organization does not have a current contract with the child welfare services branch;

(8) Three representatives of different nonprofit organizations that advocate for child welfare in the State, to be invited by the chairperson;

(9) Two representatives of families who have had a child placed into foster custody of the child welfare services branch, to be invited by the chairperson;

(10) Two representatives of families who fostered or adopted children through the child welfare services branch, to be invited by the chairperson; and

(11) Two representatives of guardians ad litem who have worked with the child welfare services branch, to be invited by the chairperson; provided that the representatives do not have a current contract with the child welfare services branch.

(1) Review and assess case management procedures of the child welfare services branch;

(2) Review and assess the training that is provided to the child welfare services branch staff;

(3) Review and assess the necessary staffing levels and other support provided to the child welfare services branch by the department of human services;

(4) Address issues identified by the office of the auditor's report Audit of the Department of Human Services' Child Welfare Services Branch, Report No. 24-05, April 2024;

(5) Provide recommendations on, among other matters, actions to reduce child harm and death;

(6) Make recommendations for legislation, funding, and other needs for the child welfare services branch to support the goals of the commission; and

(7) Submit an annual status report on the progress made in reducing child harm and death in the State and improving and strengthening the effectiveness of the child welfare services branch to the legislature no later than forty days prior to the convening of the regular sessions of 2026, 2027, and 2028.

(d) The members of the child welfare services branch oversight commission shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(e) The child welfare service branch oversight commission shall be dissolved on June 30, 2028.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $25,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to convene and administer the child welfare services branch oversight commission.

The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2025.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	798
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII