HOUSE OF REPRESENTATIVES

H.C.R. NO.

132

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

requesting THE DEPARTMENT OF HUMAN SERVICES AND THE JUDICIARY TO EXAMINE THE RAMIFICATIONS OF ELIMINATING REPORTS OF "THREATENED HARM" FROM THE VARIOUS TYPES OF REPORTS UPON WHICH AN INVESTIGATION IS REQUIRED TO BE CARRIED OUT BY THE DEPARTMENT OF HUMAN SERVICES IN CONNECTION WITH CHILD PROTECTIVE SERVICES.

 

 

WHEREAS, under current law, a petition may be filed under Chapter 587, Hawaii Revised Statutes (HRS), the Child Protective Act, invoking the jurisdiction of the court to terminate the parental and custodial duties and rights of a family that is unwilling and unable to provide a child with a safe family home; and

WHEREAS, prior to the filing of the petition, pursuant to section 587-21, HRS, and upon receiving a report that a child is subject to imminent harm, has been harmed, or is subject to threatened harm, the Department of Human Services (DHS) is required to perform an investigation into the matter as it deems appropriate; and

WHEREAS, an investigation is clearly warranted in cases of imminent harm or where a child has suffered actual harm; and

WHEREAS, when investigations are based only on reports of threatened harm, however, many cases turn out to be unsubstantiated; and

WHEREAS, it has been alleged that Hawaii experiences three times as many unsubstantiated cases of reported child abuse than in other states; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, the Senate concurring, that DHS and the Judiciary are requested to examine the ramifications of eliminating reports of "threatened harm" from the various types of reports upon which an investigation is required to be carried out by the DHS in connection with child protective services; and

BE IT FURTHER RESOLVED that the Chief Justice, in consultation with the Senior Judge of the Family Court of the First Circuit, is requested to appoint two guardians ad litem, one of whom has experience with child protective cases in the Second, Third, or Fifth Circuits, to represent the interests of minors in this examination; and

BE IT FURTHER RESOLVED that DHS is requested to address the following issues relating to parents whose children have been removed by the child protective services system:

(1) The existence of a formal complaint process for parents;

(2) The number of complaints filed against child welfare workers;

(3) The availability of an appeals process for parents; and

(4) The types of recourse available to parents when their rights have been violated;

and

BE IT FURTHER RESOLVED that DHS and the Judiciary are requested to report their findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2005; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Human Services, Chief Justice, Administrative Director of the Courts, and Senior Judge of the Family Court of the First Circuit.

 

 

Report Title:

Child Protective Services; "Threatened Harm"