STAND. COM. REP. NO. 81-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1863

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Human Services and Housing, to which was referred H.B. No. 1863 entitled:

"A BILL FOR AN ACT RELATING TO FAMILIES,"

begs leave to report as follows:

The purpose of this bill is to improve the Child Protective Services System (CPS System) by, among other things:

(1) Creating several definitions;

(2) Requiring the Department of Human Services (DHS) to provide services to children in the permanent custody of DHS in therapeutic foster homes to assist these children to recover from child abuse and neglect;

(3) Requiring ohana conferencing;

(4) Requiring DHS to notify family members entering into a voluntary service plan about the risks of entering into the plan and of their right to counsel;

(5) Clarifying that the service plan is to identify assesments and services to be provided to meet the child's medical, psychological, and emotional needs;

 

(6) Requiring all reports and information relied on by DHS in a contested case be made available to all parties to the case and that preparers of the report be available for direct and cross-examination;

(7) Enabling the court to require ohana conferencing;

(8) Requiring DHS to ensure that all services recommended under a health assessment are provided in a timely manner; and

(9) Appropriating funds for legal services and health services.

The Legal Aid Society of Hawaii, Hawaii State Teachers Association, and a concerned individual testified in support of this measure. DHS submitted comments.

Your Committee finds that while the CPS System has helped many children and families, there is room for improvement. Ohana conferencing has proved to be very effective in CPS cases, and has even been praised during a recent federal Child and Family Services Review. However, ohana conferencing requires much time and manpower, and it may not be feasible to require ohana conferencing for each family that enters the CPS System.

Your Committee recently held a series of CPS forums statewide, and one of the most notable concerns from families involved in the CPS System is that they did not know they had certain rights or that certain services were available to them. DHS stated that there is an informational pamphlet that they will begin distributing shortly. Your Committee finds this pamphlet is a welcome resource, and will help to strengthen the CPS System.

Accordingly, your Committee has amended this bill by:

(1) Clarifying that DHS shall provide therapeutic services or place a child in a therapeutic home, or both, and defining "therapeutic foster home" and "therapeutic services;

(2) Clarifying the definitions of "voluntary foster custody" and "voluntary service plan";

(3) Requiring DHS to provide every family investigated with the informational pamphlet;

(4) Requiring that an ohana conferencing orientation be conducted, rather than requiring the actual ohana conference to take place;

(5) Requiring each family member to sign a form acknowledging that the member has been informed of the member's rights;

(6) Requiring DHS to ensure that services are provided by other service providers should funds and resources not be available to DHS; and

(7) Making other technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Human Services and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1863, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1863, H.D. 1, and be referred to the Committee on Judiciary.

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

 

____________________________

MICHAEL PUAMAMO KAHIKINA, Chair