242
HOUSE OF REPRESENTATIVES             H.C.R. NO.            H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                                
___________________________________________________________________
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                     HOUSE  CONCURRENT
                        RESOLUTION

  URGING THE DEPARTMENT OF THE ATTORNEY GENERAL AND RELEVANT
    PUBLIC INTEREST LAW ENTITIES TO REVIEW INVESTIGATION
    PROCEDURES AND THE ISSUE OF CONFIDENTIALITY IN SUSPECTED
    CHILD ABUSE CASES LIKE THAT OF "PETER BOY" KEMA.


 1        WHEREAS, Peter Kema Jr., also known as "Peter Boy," has
 2   not been seen by his relatives since February 1997; and
 3   
 4        WHEREAS, Peter Boy, who would be seven years old today,
 5   was alleged to have been given by his father, Peter Kema Sr. of
 6   Hilo, to an old family friend named Auntie Rose Makuakane
 7   during a trip to Oahu in August 1997; and
 8   
 9        WHEREAS, police have been unable to prove the existence of
10   Makuakane, and the case is being actively investigated as a
11   missing person case; and
12   
13        WHEREAS, while Peter Boy's parents have maintained that
14   they have never harmed the child, the boy's three siblings, who
15   have been placed in foster custody, have provided a disturbing
16   portrait of alleged abuse, including allegations that Peter Boy
17   was starved, forced to sleep outside, driven around in the
18   locked trunk of the family car, and sometimes handcuffed to his
19   bed; and
20   
21        WHEREAS, Big Island detectives have recently asked the
22   prosecutor's office to review the evidence they have gathered
23   in the case of Peter Boy Kema; and
24   
25        WHEREAS, the Department of Human Services, the Hawaii
26   County Police Department, and the Hawaii County Prosecutor are
27   prohibited by statute or court order from disclosing certain
28   aspects of this case; and
29   
30        WHEREAS, in the interests of justice, however, there is a
31   need for the public to be fully apprised of all aspects of the
32   case that can be legally disclosed without violating the law;
33   now, therefore,

 
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                                  H.C.R. NO.            H.D. 1
                                                        
                                                        

 
 1        BE IT RESOLVED by the House of Representatives of the
 2   Twentieth Legislature of the State of Hawaii, Regular Session
 3   of 1999, the Senate concurring, that the Department of the
 4   Attorney General and relevant public interest law entities are
 5   urged to review investigation procedures and the issue of
 6   confidentiality in suspected child abuse cases like that of
 7   "Peter Boy" Kema; and
 8   
 9        BE IT FURTHER RESOLVED that the Attorney General, in
10   conjunction with relevant public interest law entities, is
11   urged to review the investigation procedures used in the Kema
12   case for propriety and adherence to reasonable standards; and
13   
14        BE IT FURTHER RESOLVED that the Attorney General, in
15   conjunction with relevant public interest law entities, is
16   urged to review and recommend possible statutory revisions to
17   address the likelihood of the death of a "missing child"; and
18   
19        BE IT FURTHER RESOLVED that the Attorney General, in
20   conjunction with relevant public interest law entities, is
21   urged to address the issue of statutory confidentiality under
22   section 587-71, Hawaii Revised Statutes, in cases of severe
23   child abuse or neglect or child deaths; and
24   
25        BE IT FURTHER RESOLVED that in addressing the issue of
26   confidentiality, the Attorney General and relevant public
27   interest law entities are urged to consider:
28   
29        (1)  Whether such confidentiality requirements serve the
30             best interests of children; and
31   
32        (2)  Whether such confidentiality requirements conflict
33             with public welfare and the goal of governmental
34             disclosure and the free exchange of information;
35   
36   and
37   
38        BE IT FURTHER RESOLVED that the Attorney General submit a
39   report of its findings and recommendations to the Legislature
40   at least twenty days prior to the convening of the Regular
41   Session of 2000; and
42   
43        BE IT FURTHER RESOLVED that certified copies of this
44   Concurrent Resolution be transmitted to the Attorney General,
45   Director of Human Services, the Police Chiefs from each county,
46   and the County Prosecutors from each county.