THE SENATE                           S.C.R. NO.            202
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE AUDITOR TO CONDUCT AN AUDIT OF THE GUARDIANS AD
    LITEM FEES.


 1        WHEREAS, section 571-87, Hawaii Revised Statutes (HRS),
 2   relating to jurisdiction of the family court over children and
 3   minors, provides for the family court to appoint a guardian ad
 4   litem for the person to serve throughout the proceedings; and
 5   
 6        WHEREAS, section 571-87, HRS, also provides for the
 7   compensation of the guardians ad litem by the family court,
 8   including statutory fees; and
 9   
10        WHEREAS, guardians ad litem are usually appointed to serve
11   for child abuse cases under section 587-34, HRS, relating to
12   the Child Protective Act; and
13   
14        WHEREAS, section 587-34(c), HRS, requires the guardian ad
15   litem to report to the family court on, among other things,
16   "recommendations concerning the manner in which the court
17   should proceed in the best interests of the child"; and
18   
19        WHEREAS, section 587-34(e), HRS, provides for compensation
20   of guardians ad litem and counsel who are appointed by the
21   court; and
22    
23        WHEREAS, many guardians ad litem are also attorneys who
24   are appointed as counsel under the same authority by the family
25   court, and they usually perform dual functions of guardian and
26   counsel for the person; and
27   
28        WHEREAS, the legislature has received information that
29   some guardians ad litem may be abusing their obligations and
30   compensation by requiring that one or more family members of
31   the child who is the subject of the proceedings, pay the
32   guardians ad litem for a favorable report in child abuse cases;
33   now, therefore,
34   
35        BE IT RESOLVED by the Senate of the Twentieth Legislature
36   of the State of Hawaii, Regular Session of 2000, the House of
37   Representatives concurring, that the Auditor conduct an audit

 
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                                  S.C.R. NO.            202
                                                        
                                                        

 
 1   of the family court compensation system for guardians ad litem
 2   under chapter 587, HRS; and
 3   
 4        BE IT FURTHER RESOLVED that the audit include an analysis
 5   of the fees paid by the family court to guardians ad litem, the
 6   adequacy of those fees in view of the duties of the guardians
 7   ad litem, and whether guardians ad litem are receiving payments
 8   from the families of children who are the subject of the
 9   proceedings, and if so, recommendations to prohibit or prevent
10   such practices including the establishment of standard
11   reporting procedures for guardians at litem; and
12   
13        BE IT FURTHER RESOLVED that the family court and all
14   guardians ad litem are requested to cooperate with the Auditor
15   for the purposes of this study; and
16   
17        BE IT FURTHER RESOLVED that the Auditor submit findings
18   and recommendations to the Legislature not later than twenty
19   days before the regular session of 2001; and
20   
21        BE IT FURTHER RESOLVED that certified copies of this
22   Concurrent Resolution be transmitted to the Auditor, the chief
23   justice of the Hawaii Supreme Court, and the Senior Judge of
24   the Family Court.
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28                         OFFERED BY:  ____________________________