Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 177
                                        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 S.B. No. 177 entitled: 


beg leave to report as follows:

     The purpose of this measure is to strengthen the 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
(HPD), American Academy of Pediatrics, and Hawaii Catholic
Conference.  Testimony in opposition was received from two
private citizens.  The Judiciary provided informational

     In a related bill, S.B. No. 151, your Committees received
testimony in support from the DHS and informational testimony
from the Salvation Army Family Treatment Services.

     In another related bill, S.B. No. 1015, your Committees
received testimony in support from the Department of the
Prosecuting Attorney of the City and County of Honolulu,
Salvation Army Family Treatment Services, and State Auditor.
Informational testimony was provided by the DHS and the Office of
Information Practices. 

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     Your Committees inserted the provisions of S.B. No. 151,
relating to the Child Protective Act, and S.B. No. 1051, relating
to child protection, into this measure.

     Your Committees find that child abuse and neglect continue
to worsen in Hawaii and cause serious social problems, such as
emotional and mental health problems, alcohol and drug abuse and
addiction, juvenile delinquency, and crime.  The most severe
cases involve the youngest, most vulnerable children.

     This measure is a product of the child protective services
(CPS) legislative roundtable discussions held during the interim
of the Regular Session of 1998.  The CPS roundtable was convened
to suggest statutory, guideline, rule, regulation, and other
changes to improve Hawaii's CPS system.  Legislators, the
Departments of Human Services, Health, and the Attorney General,
the Judiciary, private nonprofit child and family service
agencies, and concerned individuals communicated and collaborated
with one another, on behalf of abused and neglected children and
their families, to develop formal and informal mechanisms for
working together.  

     Your Committees continued the effort, which began with
Act 134, Session Laws of Hawaii 1998, the Omnibus Child
Protection Act, to control, contain, and reduce child abuse and
neglect.  This measure is a product of further legislative review
of the CPS system.  Your Committees have found that the CPS
system of DHS cannot do it alone.  A concerted and coordinated
effort must involve the judiciary, police, and the attorney
general, with all parties working together and communicating with
one another on each single case of child abuse or neglect.  Only
in this manner can so-called "isolated cases" avoid "slipping
through the cracks" of the CPS system.

     Your Committees have amended this measure by:

     (1)  Adding the requirement from S.B. No. 1015, that the DHS
          inform the police or prosecutor of reports of child
          abuse or neglect it receives;

     (2)  Changing "Maintain a medical home" in the new section
          587-   , Hawaii Revised Statutes (HRS), to "Maintain a
          system of continuity of care for the medical and health
          needs of children in the foster care system", because
          there is no definition for "medical home";

     (3)  Deleting the authority of the police to remove a child
          from the home where the child has no legal custodian
          who is willing and able to provide a safe family home,

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          on recommendation of the HPD because of the potential
          for people to call the police when they feel they
          cannot control their children;

     (4)  Deleting the requirement that priests or members of the
          clergy report suspected child abuse or neglect to the

     (5)  Deleting the requirement for licensing of guardian ad
          litems by the Judiciary, on recommendation of the

     (6)  Deleting the requirement that the Auditor analyze and
          assess proposed special and revolving funds, on
          recommendation of the Auditor as a drafting error; and

     (7)  Making technical, nonsubstantive amendments, including
          renumbering of sections and reformatting.

     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 S.B. No. 177, as amended herein, and
recommend that it pass Second Reading in the form attached hereto
as S.B. No. 177, 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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