HB1805 HD1

PART I

SECTION 1. The legislature finds that several recent tragic child abuse deaths have exposed critical flaws within the State's child welfare system, including the administration of foster care services. The legislature further finds that in Audit of the Department of Human Services' Child Welfare Services Branch, Report No. 24-05, State of Hawaii, April 2024, the state auditor found that the department of human services' child welfare services branch failed to comply with statutory licensing requirements, placing children at risk and reducing federal Title IV-E reimbursements for foster care services. The legislature additionally finds that Act 86, Session Laws of Hawaii 2023, established the malama ohana working group to seek, design, and recommend transformative changes to the State's existing child welfare system. Subsequently, in its 2024 Malama Ohana Working Group Report, State of Hawaii, December 2024, the malama ohana working group highlighted the need for responsive oversight of both systemic and individual concerns in the State's child welfare system.

The legislature further finds that establishing an independent and autonomous office of the child advocate in the State is necessary to provide impartial oversight of the delivery of services to children and their families by state agencies, including the department of human services, and its child welfare services branch, and other entities that serve children and their families through funds provided by the State. The office of the child advocate would provide this oversight through site visits to facilities that serve children, investigation of complaints, periodical review of internal records and procedures to ensure compliance with applicable laws, issuance of annual reports with findings and recommendations, including proposed legislation, and outreach programs to educate the public. The legislature believes that the external oversight and recommendations provided by the office will increase accountability across the State's child welfare system and lead to greater protection of children from preventable harm, maximize the State's federal funding opportunities, reduce costly lawsuit settlements, and restore public confidence in the State's child welfare system.

Accordingly, the purpose of this Act is to establish an independent office of the child advocate within the department of the attorney general to oversee and evaluate the delivery of services to children and their families by various state agencies and entities, receive and investigate complaints, and make recommendations for improvement.

PART II

SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Office of the child advocate

§28-A Definitions. As used in this part:

"Agency" has the same meaning as in section 96-1.

"Child" means an individual under eighteen years of age.

"Child advocate" means the individual appointed to head the office of the child advocate pursuant to section 28-C.

"Office" means the office of the child advocate established pursuant to section 28-B.

§28-B Office of the child advocate; establishment; purpose. There is established within the department of the attorney general for administrative purposes only, the office of the child advocate. The office shall be independent of any agency in the performance of the office's duties. The office shall:

(1) Ensure that children involved with agencies receive timely, safe, and effective services in accordance with applicable laws;

(2) Perform a system-wide examination of the care and services that agencies provide to and for children; and

(3) Advise agencies on how the State can improve its services to and for children and their families.

§28-C Child advocate; appointment, tenure, removal, qualifications, salary, and vacancy. (a) The office shall be headed by the child advocate for the proper administration and enforcement of this part.

(b) The legislature, by a majority vote of each house in joint session, shall appoint the child advocate who shall serve for a period of six years and thereafter until a successor shall have been appointed. The child advocate may be reappointed but may not serve for more than three terms. The legislature, by two-thirds vote of the members in joint session, may remove or suspend the child advocate from office, but only for neglect of duty, misconduct, or disability.

The child advocate shall have the legal expertise and knowledge of the child welfare system, including foster care services, necessary to carry out the duties of the position.

No person may serve as child advocate within two years of the last day on which the person served as a member of the legislature, or while the person is a candidate for or holds any other state office, or while the person is engaged in any other occupation for reward or profit. The salary of the child advocate shall be ninety per cent of the salary of the deputy director of health. The salary of the child advocate shall not be diminished during the child advocate's term of office, unless by general law applying to all salaried officers of the State.

If the child advocate dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the first assistant to the child advocate becomes the acting child advocate until a new child advocate is appointed for a full term.

§28-D Assistance, staff, delegation, and funding. (a) The child advocate shall appoint a first assistant and other officers and employees as may be necessary to carry out this part. All employees, including the first assistant, shall be hired by the child advocate and shall serve at the child advocate's pleasure.

(b) In determining the salary of each employee, the child advocate shall consult with the department of human resources development and shall follow as closely as possible the recommendations of the department. The first assistant's salary shall be no more than ninety-two per cent of the salary of the child advocate.

(c) The child advocate and the child advocate's full-time staff shall be entitled to participate in any employee benefit plan.

(d) The child advocate may delegate to the child advocate's appointees any of the child advocate's duties.

(e) The funds for the support of the office shall be provided for as a separate program in the budget or supplemental budget of the department of the attorney general.

§28-E Powers and duties. (a) The child advocate shall:

(1) Oversee and evaluate the delivery of services to children and their families by agencies and entities that provide services to children and their families through funds provided by the State;

(2) Periodically review the records of agencies and procedures established by agencies to carry out this part, ensure the agencies' compliance with applicable laws, and recommend revisions as necessary;

(3) Receive and review complaints of persons concerning the actions of any agency and of any entity that provides services to children and their families through funds provided by the State, make appropriate referrals and investigate any complaint for which the child advocate determines that a child or a child's family may be in need of assistance from the child advocate or that a systemic issue in the State's provision of services to children and their families is raised;

(4) Periodically review the facilities, procedures, and records of any and all entities, institutions, or residences, whether public or private, where a child has been placed by any agency;

(5) Recommend changes in state policies concerning children, including systemic changes relating to the provision of juvenile justice, child care, and foster care;

(6) Serve or designate a person to serve as a member of the child protective review panel established in section 587A-43;

(7) Establish procedures for receiving and processing complaints, conducting investigations, and issuing appropriate responses to ensure safety of the child and complainant; and

(8) Develop and implement an outreach plan to educate the public of the purposes and services of the office and procedures to contact or submit a complaint to the office.

(b) Notwithstanding any law to the contrary, the child advocate shall have access to, including the right to inspect and copy, any records necessary to carry out the child advocate's duties, including records held by any agency, except where specifically prohibited by federal law; provided that the child advocate shall maintain confidentiality with respect to all records and matters, including the identities of complainants and witnesses except so far as disclosures may be necessary to enable the child advocate to carry out the child advocate's duties and to support the child advocate's recommendations.

(1) Compel at a specified time and place, by a subpoena, the appearance and sworn testimony of any person who the child advocate reasonably believes may be able to give information relating to a matter under investigation; and

(2) Compel any person to produce documents, papers, or objects which the child advocate reasonably believes may relate to a matter under investigation.

The child advocate may bring suit in an appropriate state court to enforce these powers.

(d) If the child advocate has a reasonable basis to believe that there may be a breach of duty or misconduct by any officer or employee of an agency, the child advocate may refer the matter to the appropriate authorities without notice to that person.

§28-F Annual report. No later than twenty days prior to the convening of the regular session of 2028 and each regular session thereafter, the child advocate shall submit to the legislature, governor, and public an annual report discussing the office's activities during the preceding year and findings and recommendations, including any proposed legislation.

§28-G Letters to the child advocate. A letter to the child advocate from, or a letter written on behalf of, a child held in custody by any agency or any entity that provides services to children and their families through funds provided by the State, including child caring institutions and resource family homes, shall be forwarded immediately, unopened, to the child advocate.

§28-H Penalty for obstruction. Any person who wilfully hinders the lawful actions of the child advocate or the child advocate's staff, or wilfully refuses to comply with their lawful demands, shall be fined no more than $1,000."

PART III

SECTION 3. Section 84-18, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Subject to the restrictions imposed in subsections (a) through (d), the following individuals shall not represent any person or business for a fee or other consideration regarding any legislative action or administrative action, as defined in section 97-1, for twelve months after termination from their respective positions:

(1) The governor;

(2) The lieutenant governor;

(3) The administrative director of the State;

(4) The attorney general;

(5) The comptroller;

(6) The chairperson of the board of agriculture and biosecurity;

(7) The director of corrections and rehabilitation;

(8) The director of finance;

(9) The director of business, economic development, and tourism;

(10) The director of commerce and consumer affairs;

(11) The adjutant general;

(12) The superintendent of education;

(13) The chairperson of the Hawaiian homes commission;

(14) The director of health;

(15) The director of human resources development;

(16) The director of human services;

(17) The director of labor and industrial relations;

(18) The chairperson of the board of land and natural resources;

(19) The director of law enforcement;

(20) The director of taxation;

(21) The director of transportation;

(22) The president of the University of Hawaii;

(23) The executive administrator of the board of regents of the University of Hawaii;

(24) The administrator of the office of Hawaiian affairs;

(25) The chief information officer;

(26) The executive director of the agribusiness development corporation;

(27) The executive director of the campaign spending commission;

(28) The executive director of the Hawaii community development authority;

(29) The executive director of the Hawaii housing finance and development corporation;

(30) The president and chief executive officer of the Hawaii tourism authority;

(31) The executive officer of the public utilities commission;

(32) The state auditor;

(33) The director of the legislative reference bureau;

(34) The ombudsman;

(35) The permanent employees of the legislature, other than persons employed in clerical, secretarial, or similar positions;

(36) The administrative director of the courts;

(37) The executive director of the state ethics commission;

(38) The executive officer of the state land use commission;

(39) The executive director of the natural energy laboratory of Hawaii authority;

(40) The executive director of the Hawaii public housing authority; [~~and~~]

(41) The first deputy to the chairperson of the commission on water resource management; and

(42) The child advocate;

provided that this subsection shall not apply to any person who has held one of the positions listed above only on an interim or acting basis and for a period of less than one hundred eighty-one days."

SECTION 4. Section 353-29, Hawaii Revised Statutes, is amended to read as follows:

"§353-29 What officials may visit. The governor, lieutenant governor, attorney general, director of finance, director of health, comptroller, judges of all state courts, the ombudsman, the child advocate, the mayors of the counties, members of the legislature, and members of county councils shall be allowed at suitable hours to visit any state correctional facility."

SECTION 5. Section 587A-43, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department shall establish a child protective review panel to review each case of child abuse or neglect that leads to near fatality or death as a result of acts or omissions of the child's legal caretaker. Based upon its review, the panel shall submit a report of its findings and recommendations to the director of the department. The department shall appoint members of the child protective review panel, who may include:

(1) Any physician treating the child for abuse;

(2) Any child protective services worker assigned to the case and the worker's supervisor;

(3) The guardian ad litem for the child, appointed under section 587A-16, if applicable;

(4) The members of the child's multidisciplinary team or a child protective services consultant; [~~and~~]

(5) The child advocate appointed pursuant to section 28-C or the child advocate's designee; and

[~~(5)~~] (6) Other child protective services workers and supervisors."

PART IV

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of the office of the child advocate, to be expended as follows:

(1) $ to establish one full-time equivalent (1.0 FTE) child advocate position; and

(2) $ to establish full-time equivalent ( FTE) positions within the office of the child advocate.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

PART V

SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1805
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII