HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
9 |
TWENTY-SECOND LEGISLATURE, 2004 |
H.D. 1 |
|
STATE OF HAWAII |
||
RESOLUTION
REQUESTING THE ESTABLISHMENT OF AN INTEgrated TASK FORCE TO EVALUATE THE OPENING OF CHILD WELFARE FAMILY COURT PROCEEDINGS TO THE PUBLIC.
WHEREAS, section 471(a)(8) of the Social Security Act requires that states provide safeguards to restrict the use and disclosure of information regarding children receiving Title IV-E foster care and adoption assistance; and
WHEREAS, section 106(b)(2)(A)(v) of the Child Abuse Prevention and Treatment Act (CAPTA) requires states to preserve the confidentiality of all reports and records on child welfare cases to protect the privacy rights of the child and the child’s parents and guardians, except under limited circumstances, and prohibits disclosure of confidential information to persons or entities other than those enumerated in the statute; and
WHEREAS, section 106(b)(2)(A)(vi) of CAPTA specifies an exception to the disclosure restrictions for cases of child abuse or neglect that result in the death or near fatality of a child; and
WHEREAS, section 106(b)(2) of CAPTA specifies that states have the flexibility to determine state policies relating to public access to court proceedings to determine child abuse and neglect, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and families; and
WHEREAS, 11 states require or permit open hearings for abuse, neglect, and foster care cases; and
WHEREAS, the opening of some hearings for abuse, neglect, and foster care in the State of Hawaii may promote an environment that would assist in family problem-solving while protecting the privacy rights of the child and family; and
WHEREAS, the result of opening some hearings for abuse, neglect, and foster care may result in better coordination and collaboration and may result in more effective use of limited resources and thus result in better outcomes for children; 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 an integrated task force be established to evaluate the opening of child abuse and neglect court proceedings for abuse, neglect, and foster care; and
BE IT FURTHER RESOLVED that the integrated task force be convened by the Director of Human Services and include but not be limited to:
(1) Representatives from:
(a) The Department of Human Services;
(b) The Department of the Attorney General; and
(c) The Judiciary;
and
(2) Three members appointed by the Chair of the House of Representatives Committee on Human Services and Housing and Chair of the Senate Committee on Human Services, including:
(a) A member of the clergy;
(b) A family advocate; and
(c) A family member of an individual impacted by the child protective services system in Hawaii;
and
BE IT FURTHER RESOLVED that the task force ensure that any recommendations meet CAPTA requirements to protect the privacy rights of the child and family; and
BE IT FURTHER RESOLVED that the task force submit a report of its findings and recommendations to the Governor and 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 Governor, Director of Human Services, Attorney General, and Chief Justice of the Supreme Court.
Report Title:
Child Welfare Family Court Proceedings; Task Force