HCR189

HOUSE OF REPRESENTATIVES	H.C.R. NO.	189
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

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HOUSE CONCURRENT

RESOLUTION

 

REQUESTING AN AUDIT OF THE COURT-APPOINTED GUARDIAN AD LITEm PROGRAM.

 

 

WHEREAS, pursuant to Section 587-2, Hawaii Revised Statutes, a guardian ad litem is a person appointed by the court to protect and promote the needs and best interests of the child or ward during the pendency of a particular court case; and

WHEREAS, in Hawaii child protective cases, a guardian ad litem is usually an attorney specializing in child advocacy, but may be any person advocating and protecting the rights of children; and

WHEREAS, guardians ad litem are appointed because of the potential for conflict of interest between the child and parent or siblings, or between the child and the Department of Human Services; and

WHEREAS, during the mid-1990s, there was an organization of volunteer guardians ad litem comprised of trained individuals who were not attorneys, but assisted in court by a staff attorney; and

WHEREAS, this organization ceased operations after the State contracted out the State's guardian ad litem services; and

WHEREAS, under this new system, contracted guardians ad litem are compensated on a per case basis; and

WHEREAS, it is unclear whether there are safeguards within the guardian ad litem program to ensure that the interests of clients are adequately being represented; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that the Auditor is requested to perform a financial and management audit of the State guardian ad litem program; and

BE IT FURTHER RESOLVED that the scope of the audit is requested to include:

(1) An assessment of whether the interests of clients are adequately being served by guardians ad litem;

(2) An assessment of the need to establish mechanisms that would allow a minor to retain the services of an attorney if the interests of the child are not being served by the guardian ad litem; and

(3) Proposed legislation it deems necessary to ensure that the needs of children are being met by guardians ad litem;

and

BE IT FURTHER RESOLVED that the Auditor is requested to submit any findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2003; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Human Services, the Administrative Director of the Courts, and the Executive Director of Volunteer Legal Services Hawaii.

 

 

	OFFERED BY:	_____________________________

Report Title:

Guardians ad litem, audit