REPORT TITLE:
Prospective Adoptive Parents


DESCRIPTION:
Requires "prospective adoptive parents" to have criminal history
records checks.  Authorizes and contracting for home studies.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2847
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PROSPECTIVE ADOPTIVE PARENTS.



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

 1      SECTION 1.  Chapter 578, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�578-    Prospective adoptive parents.  (a)  The department
 
 5 of human services shall develop standards to assure the reputable
 
 6 and responsible character of prospective adoptive parents for
 
 7 purposes of section 578-8, which shall include, but not be
 
 8 limited to, criminal history record checks.
 
 9      (1)  Prospective adoptive parents shall submit statements,
 
10           signed under penalty of false swearing in official
 
11           matters, indicating whether the prospective adoptive
 
12           parents were ever convicted of a crime other than a
 
13           minor traffic violation involving a fine of $50 or
 
14           less, and providing consent to the department to
 
15           conduct a criminal history record check and to obtain
 
16           other criminal history record information for
 
17           verification.  The prospective adoptive parents shall
 
18           be fingerprinted for the purpose of complying with the
 
19           criminal history record check.
 

 
Page 2                                                     2847
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      (2)  The department shall obtain criminal history record
 
 2           information through the Hawaii criminal justice data
 
 3           center on all prospective adoptive parents.  The Hawaii
 
 4           criminal justice data center may assess the prospective
 
 5           adoptive parents a reasonable fee for each criminal
 
 6           history record check conducted.  The information
 
 7           obtained shall be used exclusively for the stated
 
 8           purpose for which it was obtained, and shall be subject
 
 9           to applicable federal laws and federal regulations.
 
10      (3)  The department may deny a prospective adoptive parents'
 
11           petition to adopt a child or children if either of the
 
12           prospective adoptive parents was convicted of a crime
 
13           other than a minor traffic violation involving a fine
 
14           of $50 or less and if the department finds that the
 
15           criminal history record of either of the prospective
 
16           adoptive parents poses a risk to the health, safety, or
 
17           well-being of the child or children to be adopted.
 
18      (b)  The department may authorize or contract for
 
19 prospective adoptive parents' home studies for children, under
 
20 the department's custody, by experienced social workers with
 
21 specialized adoption experience.
 
22      (c)  For purposes of this section, "prospective adoptive
 
23 parents" means a person or persons who are married to each other
 

 
Page 3                                                     2847
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 applying with the department of human services to adopt a child
 
 2 or children."
 
 3      SECTION 2.  Section 846-10, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "�846-10  Dissemination.  Criminal history record
 
 6 information may be disseminated to: 
 
 7      (1)  The governor in individual cases or situations wherein
 
 8           the governor elects to become actively involved in the
 
 9           investigation of criminal activity or the
 
10           administration of criminal justice in accordance with
 
11           the governor's constitutional duty to insure that the
 
12           laws be faithfully executed; 
 
13      (2)  The attorney general in connection with the attorney
 
14           general's statutory authority and duties in the
 
15           administration and enforcement of the criminal laws and
 
16           for the purpose of administering and insuring
 
17           compliance with the provisions of this chapter;
 
18      (3)  The department of human services for purposes of
 
19           section 578-  ; and 
 
20     [(3)] (4)  To such other individuals and agencies who are
 
21           provided for in this chapter or by rule or regulation."
 
22      SECTION 3.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
Page 4                                                     2847
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      SECTION 4.  This Act shall take effect on July 1, 2000.