STAND. COM. REP. NO. 1045-08
RE: H.R. No. 41
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Fourth State Legislature
Regular Session of 2008
State of Hawaii
Your Committee on Health, to which was referred H.R. No. 41 entitled:
"HOUSE RESOLUTION RECOGNIZING AND SUPPORTING THE FUNDAMENTAL RIGHT OF PARENTS AND GUARDIANS TO DIRECT THE EDUCATION AND UPBRINGING OF THEIR CHILDREN,"
begs leave to report as follows:
The purpose of this resolution is to help ensure parental rights by:
(1) Recognizing and supporting the traditional and constitutionally protected right of parents to make decisions relating to the care, custody, and control of their children; and
(2) Acknowledging that governmental interference with parental rights is permissible only to prevent injury or potential injury to a child.
Several concerned individuals supported this resolution.
Your Committee has amended this resolution by:
(1) Clarifying that government interference with the rights of parents to raise their children is permissible only to prevent injury or potential injury to a child if there is probable cause, and actions taken against parents are carried out according to our laws;
(2) Establishing that children can and should be protected from abuse or neglect by the continued enforcement of time-honored constitutional principles governing the parent-child relationship; and
(3) Making technical, nonsubstantive changes for clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee concurs with the intent and purpose of H.R. No. 41, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as H.R. No. 41, H.D. 1.
Respectfully submitted on behalf of the members of the Committee on Health,
JOSHUA B. GREEN, M.D., Chair