STAND. COM. REP. NO. 2362

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2847
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred S.B. No. 2847 entitled: 

     "A BILL FOR AN ACT RELATING TO PROSPECTIVE ADOPTIVE
     PARENTS,"

begs leave to report as follows:

     The purpose of this measure is to require the Department of
Human Services (DHS) to develop standards to assure the reputable
and responsible character of prospective parents.

     Your Committee received testimony in support of this measure
from the DHS, Attorney General, and two private individuals.

     This measure includes requirements that DHS conduct criminal
history record checks and affidavits from prospective adoptive
parents concerning any criminal convictions.

     Your Committee finds that current law does not require
checks into the criminal history of applicants for adoption.  The
sole requirement for adoption under current law relating to
character is in section 578-8(a), Hawaii Revised Statutes (HRS),
providing that the family court be satisfied that the petitioners
are fit and proper persons.  The DHS must conduct an
investigation as to the fitness of petitioners, but current law
does not authorize a criminal history record check by the DHS.

     This measure also allows the DHS to deny an application for
adoption, based on conviction of a crime other than a traffic

 
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violation involving a fine of $10 or less, if the DHS finds that
the criminal history record of either of the prospective adoptive
parents poses a risk to the health, safety, or well-being of the
child.  Because this provision confers authority on the DHS to
deny an adoption, this measure includes a requirement that the
DHS develop standards to assure the reputable and responsible
character of prospective adoptive parents.  Your Committee urges
the DHS to adopt objective standards pursuant to administrative
rule.

     Your Committee has amended this measure by:

     (1)  Amending chapter 578, HRS, which references the DHS's
          duties as to adoption, rather than chapter 346, HRS,
          relating to the DHS;

     (2)  Amending section 846-10, HRS, to allow the Hawaii
          Criminal Justice Data Center to disseminate information
          to the DHS for the purposes of this measure; and

     (3)  Making technical, nonsubstantive changes to reflect
          preferred drafting style and for 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. 2847, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2847,
S.D. 1, and be referred to the Committee on Judiciary.

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



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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