HOUSE OF REPRESENTATIVES

H.C.R. NO.

81

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

  
   

HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE CREATION OF A HANAI TASK FORCE TO RECOMMEND A CONSISTENT POLICY ON HANAI RELATIONSHIPS.

 

 

WHEREAS, the ancient Hawaiians used a system of open adoption called "hanai", in which parents would give their babies to another, usually a relative, to rear and cherish; and

WHEREAS, traditionally, the permanent quality of the hanai relationship made it a close equivalent of the Western concept of adoption; and

WHEREAS, the traditional hanai relationship was recognized by the early Hawaiian courts as not including some rights usually associated with an adoptive relationship, such as the right to inherit property; and

WHEREAS, in 1841, the Kingdom of Hawaii enacted its first written laws of adoption, and subsequently, Hawaii courts refused to give legal recognition to hanai relationships unless the statutory adoption procedures had been followed; and

WHEREAS, despite this historical usage, it is not uncommon for families today to enter into a hanai relationship without a clear understanding of its legal ramifications, and questions then arise as to legal custody and guardianship of the child, which causes problems for state agencies, the courts, and the families and children involved; and

WHEREAS, the State is mandated to protect and preserve the customs and traditions of Hawaiians pursuant to Article XII, section 7 of the State Constitution; and

WHEREAS, the hanai relationship is one of these cultural traditions that needs to be fully explored and understood to aid the families of this State; 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 Volunteer Legal Services Hawaii is requested to convene a temporary advisory task force (Task Force) to study the legal ramifications of integrating the practice of hanai relationships into statutory law; and

BE IT FURTHER RESOLVED that the Task Force is requested to review applicable case law, statutory law, and customary and traditional practices related to the hanai relationship; and

BE IT FURTHER RESOLVED that the Task Force is requested to be composed of 12 members with representation from the neighbor islands, native Hawaiian community, legal community, nonprofit community, foster care and adoption community, the three branches of government, and the general public; and

BE IT FURTHER RESOLVED that the Director of Human Services, Attorney General, and the Chair of the Board of Trustees of the Office of Hawaiian Affairs, or their respective designees, are requested to serve as ex-officio Task Force members; and

BE IT FURTHER RESOLVED that the Task Force is requested to submit an interim report to the Legislature no later than 20 days prior to the convening of the Regular Session of 2003, and a final report to the Legislature of findings and recommendations, including proposed legislation, no later than 20 days prior to the convening of the Regular Session of 2004; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Executive Director of Volunteer Legal Services Hawaii, Director of Human Services, Attorney General, and the Chairperson of the Office of Hawaiian Affairs.

Report Title:

Adoption; Hanai Task Force