Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 274
                                        H.D. 3
                                        S.D. 1

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committees on Health and Human Services and Judiciary,
to which was referred H.B. No. 274, H.D. 3, entitled: 


beg leave to report as follows:

     The purpose of this measure is to strengthen Hawaii's child
protection system.

     Your Committees received testimony in support of this
measure from the Department of Human Services (DHS), Department
of Health, Police Department of the City and County of Honolulu,
and a private individual.

     This measure provides that:

     (1)  Foster boarding home operators successfully complete
          foster boarding training;

     (2)  Police officers may assume protective custody without a
          court order and without consent of a child's family if
          the police officer determines that there is no safe
          family home for the child or there is evidence that the
          abusive parent or guardian is likely to flee the
          court's jurisdiction with the child;

     (3)  The Department of Human Services (DHS) shall establish
          a medical and health case management procedure; and

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     (4)  An unspecified appropriation be made for foster parent

     Your Committees find that child abuse and neglect are a root
cause of many serious social problems, including emotional and
mental health problems, alcohol and drug abuse and addiction,
delinquency, and crime.  Child abuse continues to escalate with
fifteen thousand reports and over five thousand cases
investigated annually in Hawaii.  The most severe cases continue
to be among the youngest, most vulnerable children.

     This measure is a recommendation of the ad hoc child
protective services roundtable that was convened in 1998, to make
recommendations to the legislature for statutory revisions to
strengthen the child protection system.  This measure is intended
to provide a coordinated response to prevent and treat child

     Your Committees have amended this measure on the
recommendation of the DHS to bring it more in conformity with
federal law by:

     (1)  Requiring the court to set a case for a show cause

          (A)  Within thirty days after determining that
               aggravated circumstances exist; and

          (B)  As deemed appropriate by the court if the child
               has been residing outside the family home for
               twelve consecutive months; and

     (2)  Requiring the DHS to file a motion to set the matter
          for a permanent plan hearing if the child has been
          residing outside the family home for an aggregate of
          fifteen months out of the most recent twenty-two
          months, unless specified conditions exist.

     Your Committees have further amended this measure by:

     (1)  Adding a definition for "foster parent training";

     (2)  Deleting new language as to the court deeming
          appropriate the setting of a show cause hearing in the
          review hearings process;

     (3)  Requiring the DHS to inform appropriate police
          departments or offices of prosecuting attorney of all
          reports of child abuse or neglect received by the DHS;

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     (4)  Requiring a guardian ad litem, in order to be appointed
          by the court, to successfully complete guardian ad
          litem training or to have equivalent experience;

     (5)  Codifying section 6 of the measure, relating to
          establishing a medical and health case management
          procedure, because it is a substantive provision that
          should be placed in the Hawaii Revised Statutes along
          with similar statutes; and

     (6)  Making technical amendments as necessary to reflect the
          amendments made by your Committees.

     As affirmed by the records of votes of the members of your
Committees on Health and Human Services and Judiciary that are
attached to this report, your Committees are in accord with the
intent and purpose of H.B. No. 274, H.D. 3, as amended herein,
and recommend that it pass Second Reading in the form attached
hereto as H.B. No. 274, H.D. 3, S.D. 1, and be referred to the
Committee on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Health and Human
                                   Services and Judiciary,

____________________________       ______________________________


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