HOUSE OF REPRESENTATIVES

H.C.R. NO.

122

TWENTY-FIRST LEGISLATURE, 2002

  

STATE OF HAWAII

  
   

HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE fAMILY COURT OF THE FIRST CIRCUIT, STATE OF HAWAII TO REVIEW THE CUSTODY GUARDIAN AD LITEM PROGRAM

 

 

WHEREAS, the Custody Guardian Ad Litem (CGAL) program was initiated to represent the best interest of a child in court proceedings; and

WHEREAS, Custody Guardian Ad Litem became widely used after 1974 when Congress required states to pass legislation providing for the appointment of guardians in every judicial proceeding involving an abused or neglected child; and

WHEREAS, the State of Hawaii is one of the states where guardian services are provided to report to the court with recommendations in the disposition of the child; and

WHEREAS, well-trained guardians working in appropriate roles are critical in sorting out issues in custody disputes, monitoring cases and making recommendations for the court; and

WHEREAS, many concerns have been raised about the use of guardians ad litem and guardian actions in contested divorce cases; and

WHEREAS, complaints have focused on guardian bias, lack of oversight and accountability, inappropriate communication between guardians and the courts and no place to seek relief when encountered with a problem with a guardian; and

WHEREAS, there is a need for increased guardian accountability to represent the best interest of the assigned child; and

WHEREAS, an avenue must be provided for complaints about guardians ad litem, appeals of guardian ad litem decisions and a mechanism to review guardian programs; now, therefore

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, that this body urges the Family Court of the First Circuit Court of the State of Hawaii to review the Custody Guardian Ad Litem Program as it applies to actions affecting the family, including an examination of the appointment, role, supervision and training of the Guardians Ad Litem; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to The Honorable Frances Q.F. Wong, Senior Judge, Family Court of the First Circuit Court of the State of Hawaii and Geoffrey Hamilton, Esquire, Chairperson, Custody Guardian Ad Litem Committee.

 

 
 

OFFERED BY:

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