THE SENATE

S.C.R. NO.

100

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

  
   

SENATE CONCURRENT

RESOLUTION

 

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY OF THE GUARDIANS AD LITEM/ATTORNEY STATUTORY FEE REQUIREMENTS TO DETERMINE IF THERE IS A MORE EFFECTIVE MODEL THAT COULD BE ADOPTED FOR HAWAII, AND REQUESTING THE AUDITOR TO CONDUCT AN AUDIT OF THE GUARDIAN AD LITEM FEES.

 

WHEREAS, section 571-87, Hawaii Revised Statutes, relating to jurisdiction of the Family Court over children and minors, provides for the Family Court to appoint a guardian ad litem for the person to serve throughout the proceedings; and

WHEREAS, section 571-87 also provides for the compensation of the guardians ad litem by the Family Court, including statutory fees; and

WHEREAS, guardians ad litem are usually appointed to serve for child abuse cases under section 587-34, Hawaii Revised Statutes, relating to the Child Protective Act; and

WHEREAS, section 587-34 requires the guardian ad litem to report to the Family Court on, among other things, "recommendations concerning the manner in which the court should proceed in the best interests of the child"; and

WHEREAS, many guardians ad litem are also attorneys who are appointed as counsel under the same authority by the Family Court, and they usually perform dual functions of guardian and counsel for the person; and

WHEREAS, section 587-34 provides for appointment of individual counsel for any other party if the party is an indigent and counsel is necessary to protect the party's interest; and

WHEREAS, section 587-34 permits compensation of guardians ad litem and counsel who are appointed by the court; and

WHEREAS, the Judiciary has found it necessary to request increased guardian ad litem/appointed counsel appropriations in a number of recent years; and

WHEREAS, these mandated guardian ad litem/appointed counsel expenditures continue to exceed the budgeted amount; and

WHEREAS, the legislature has received information that some guardians ad litem may be abusing their obligations and compensation by requiring that one or more family members of the child who is the subject of the proceedings, pay the guardians ad litem for a favorable report in child abuse cases; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2002, the House of Representatives concurring, that the Legislative Reference Bureau is requested to conduct a study of the practices that exist in Hawaii and on the mainland to determine if a more effective and less costly model can be identified for both family court compensation system for guardians ad litem and the attorneys appointed under chapter 587, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to include in the study an analysis of the fees paid by the Family Court to guardians ad litem, the adequacy of those fees in view of the duties of the guardians ad litem; and

BE IT FURTHER RESOLVED that the Auditor conduct an audit of the family court compensation system for guardians ad litem under chapter 587, HRS; and

BE IT FURTHER RESOLVED that the audit include an analysis of the fees paid by the family court to guardians ad litem, the adequacy of those fees in view of the duties of the guardians ad litem, and whether guardians ad litem are receiving payments from the families of children who are the subject of the proceedings, and if so, recommendations to prohibit or prevent such practices; and

BE IT FURTHER RESOLVED that the Family Court and all guardians ad litem are requested to cooperate with the Auditor and the Legislative Reference Bureau for the purposes of this Concurrent Resolution; and

BE IT FURTHER RESOLVED that the Auditor and the Legislative Reference Bureau report their findings and recommendations to the Legislature no later than twenty days before the convening of the Regular Session of 2003; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor, Director of the Legislative Reference Bureau, the Chief Justice of the Hawaii Supreme Court, and the Senior Judge of the Family Court.

Report Title:

Guardians Ad Litem; LRB and Auditor Studies