STAND. COM. REP. NO. 460

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1050
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred S.B. No. 1050 entitled: 

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

begs leave to report as follows:

     The purpose of this administration measure is to strengthen
and to clarify the Child Protective Act (Act).

     Your Committee received testimony in support of this measure
from the Department of Human Services (DHS).

     Specifically, this bill:

     (1)  Adds a definition of "abandoned infant";

     (2)  Adds "abandoned infant" to the definition of
          "aggravated circumstances" in the Act;

     (3)  Allows for service of summons to be made by registered
          or certified mail if the party resides out of state;

     (4)  Reduces from eighteen to twelve months the time in
          which the family court may set the case for a show
          cause hearing if the child's family home is determined
          not to be safe;


 
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     (5)  Requires the family court to set the case for a show
          cause hearing if the court determines that aggravated
          circumstances are present;

     (6)  Places the burden of presenting evidence upon the
          child's family in a show cause hearing as to why the
          case should not be set for a permanent plan hearing;

     (7)  Requires the family court to set the case for a show
          cause hearing within thirty days if the court
          determines that aggravated circumstances are present,
          or if the child has been residing outside the family
          home for twelve consecutive months;

     (8)  Requires the DHS to file a motion to set the matter for
          a permanent plan hearing if the child has been residing
          outside the family home for an aggregate of fifteen out
          of the most recent twenty-two months; and

     (9)  Reducing from three years to two years from the date on
          which the child was first placed in foster custody for
          the court to proceed with a permanent plan hearing if
          it is not reasonably foreseeable that the child's
          parents or guardians are able to provide a safe family
          home.

     Your Committee believes that this measure will enable the
family court to deal more effectively with child abuse.  Your
Committee finds that the Child Protective Act needs to be
periodically updated to deal with new situations and to tighten
up the statutory standards.

     Your Committee has amended this measure on recommendation of
the DHS to add clarifying language to the provision requiring the
DHS to file a motion to set the matter for a permanent plan
hearing.  Your Committee also has made technical, nonsubstantive
amendments for purposes of clarity and style.

     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. 1050, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 1050,
S.D. 1, and be referred to the Committee on Judiciary.


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



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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