STAND. COM. REP. NO. 2470

Honolulu, Hawaii

RE: S.B. No. 2245

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 2245 entitled:

"A BILL FOR AN ACT RELATING TO THE CHILD PROTECTIVE ACT,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Clarify certain definitions under the Child Protective Act;

(2) Clarify the circumstances when police officers shall assume protective custody of a child and when the Department of Human Services shall assume temporary foster custody of a child; and

(3) Authorize the Department of Human Services to file a petition and seek an order for protective custody if there is reasonable cause to believe that a child is subject to imminent harm.

Your Committee received testimony in support of this measure from the Honolulu Police Department and CARES.

Your Committee received testimony in opposition to this measure from the Hawaii Coalition for Child Protective Reform, Hawaii Family Advocacy Group, and three individuals.

Your Committee received comments on this measure from the Department of the Attorney General, Department of Human Services, and the Judiciary.

Your Committee finds that protecting the health and safety of Hawaii's keiki is of paramount importance. Certain circumstances such as imminent danger to the child may warrant emergency action, including assumption of temporary custody of a child by a police department or temporary foster placement. This measure adequately balances the need for immediate government action to ensure safety of the child and the due process rights of the child's parents and legal guardians.

Your Committee notes the testimony of the Department of the Attorney General raising concerns that the measure does not provide for cases in which a child's family consents to protective custody and temporary foster custody of the child. Your Committee also notes the testimony of the Judiciary raising concerns regarding the Department of Human Services' ability to obtain immediate protective custody orders from the court by filing a "written application", an undefined term, rather than the normal civil law process of filing a motion. This measure, therefore requires amendments to address these concerns.

Accordingly, your Committee has amended this measure by:

(1) Inserting language that addresses circumstances in which a child's family consents to a police officer assuming protective custody or the Department of Human Services assuming temporary foster custody of the child;

(2) Allowing the Department of Human Services to obtain an immediate protective custody order by filing an ex parte motion with the court, and upon issuance of the order, allowing the case to proceed pursuant to normal civil law proceedings under section 587A-12(c), Hawaii Revised Statutes;

(3) Clarifying that the court order required for police officers or the Department of Human Services to take immediate custody of a child shall be in writing; and

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

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2245, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2245, S.D. 1, and be referred to your Committee on Judiciary.

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

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JOY A. SAN BUENAVENTURA, Chair