STAND. COM. REP. NO.2018

Honolulu, Hawaii

, 2002

RE: S.B. No. 2044

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 2044 entitled:

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

begs leave to report as follows:

The purpose of this measure is to provide minors with the right to request and choose their own legal representation if they feel there is a conflict between themselves and the parent, guardian, guardian ad litem, or legal custodian.

Testimony in support of this measure was submitted by Volunteer Legal Services Hawaii, Hawaii Foster Youth Coalition, and three individuals. Testimony in opposition to this measure was submitted by the Department of Human Services. The Judiciary submitted comments on this measure.

Your Committee finds that there are instances where a child's best interest are not being advocated in the selection of an attorney. For example, the legal guardian selecting the attorney could be the alleged abuser of the child or representing multiple siblings with differing interests, or a guardian ad litem may fail to inform the court of conflicting points of view. Your Committee believes that this measure is needed so that a child's interest can be correctly communicated to the court and the presiding judge can make informed decisions.

 

Your Committee has amended this measure by:

(1) Stating in the purpose section that this measure also establishes a mechanism to facilitate pro bono legal representation of minors; and

(2) Providing that a spouse, parent, custodian, or guardian of the minor will not be liable for the legal obligation resulting from the furnishing of legal counsel.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2044, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2044, S.D. 1, and be referred to the Committee on Judiciary.

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

____________________________

DAVID MATSUURA, Chair