HOUSE OF REPRESENTATIVES

H.R. NO.

93

TWENTY-FIRST LEGISLATURE, 2002

  

STATE OF HAWAII

  
   

HOUSE 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 Program (Program) was initiated to represent the best interests of a child in court proceedings; and

WHEREAS, guardians 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 that report to the court with recommendations relating to the disposition of the child; and

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

WHEREAS, in spite of their benefits, there have been many concerns raised regarding the use of guardians ad litem and their actions in contested divorce cases; and

WHEREAS, complaints have focused on guardian bias, lack of oversight, inappropriate communication between guardians and the courts, and the lack of accountability or an appeals process when problems arise with a guardian ad litem; and

WHEREAS, there is a need for increased accountability on the part of the guardian ad litem to represent the best interests of the assigned child; and

WHEREAS, an avenue must be provided for complaints about guardians ad litem and appeals of guardian ad litem decisions, as well as a mechanism to review guardian ad litem 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 the Family Court of the First Circuit Court of the State of Hawaii is urged to review the Program as it applies to actions affecting the family, including an examination of the appointment, role, supervision, and training of guardians ad litem; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Senior Judge of the Family Court of the First Circuit Court of the State of Hawaii and the Chairperson of the Custody Guardian Ad Litem Committee.

 

 
 

OFFERED BY:

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