STAND. COM. REP. NO. 666-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1933

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Health, Human Services, & Homelessness, to which was referred H.B. No. 1933, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PERSONS WORKING WITH CHILDREN,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish rules of ethics applicable to persons who work with children pursuant to a contract with the State;

(2) Establish additional procedures for persons contracted by the State to provide services to children, including fees, candor and fairness before a tribunal, standards of proof, and a process for filing complaints; and

(3) Specify that the contracts of any person who violates the rules of ethics are voidable on behalf of the State.

Your Committee received testimony in support of this measure from the Hawai‘i Appleseed Center for Law and Economic Justice, Hawaii Family Advocacy Team, and ten individuals.

Your Committee finds that families with children who are involved in Family Court custody matters are often in the midst of stressful and uncomfortable situations. The stress of these situations is often exacerbated when one side feels they are not being treated fairly or are being discriminated against or that there is bias in the process. Your Committee further finds that although the State hires various professionals to provide evaluations, fact finding, and other information relating to the children involved in custody matters, there are no rules of ethics that these contracted professionals are bound to follow. This measure will provide accountability for those professionals by establishing a rule of ethics for persons contracted by the State to work with children and will help families who are disproportionately involved in custody disputes.

Your Committee has amended this measure by:

(1) Expanding the category of persons covered by the rules of ethics to include persons who are assigned, delegated, ordered, appointed, or in any other act allowed by a state agency to provide services to a child; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Health, Human Services, & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1933, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as H.B. No. 1933, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Health, Human Services, & Homelessness,

____________________________

RYAN I. YAMANE, Chair