HOUSE OF REPRESENTATIVES

H.R. NO.

83

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

Requesting the department of human services to PROMOTE PUBLIC OVERSIGHT OF THE CHILD PROTECTIVE SERVICES IN CASES OF RECURRING CHILD MALTREATMENT OR CASES WITH SUSPICIOUS CIRCUMSTANCES.

 

 

WHEREAS, child abuse is a serious problem that requires broad-based community action to prevent children from becoming victims; and

WHEREAS, although the issue of family reunification verses safety-first had been predominantly on the public's mind due to new coverage that shed light on child abuse, other important changes in the Child Protective Services (CPS) system must be evaluated; and

WHEREAS, in response to these concerns, the Legislature enacted Act 134, Session Laws of Hawaii 1998, to reform the CPS system by establishing mechanisms to ensure that a child who is removed from dangerous or neglectful situations in the natural home is not placed in worse situations once the child is taken into state custody; and

WHEREAS, since its enactment over three years ago, it is unclear whether the goals of Act 134 have been achieved; and

WHEREAS, among other things, Act 134 created a Child Protective Review Panel (Panel) within the Department of Human Services (DHS) to review each case of serious abuse and submit a report of findings and recommendations to the Director; and

WHEREAS, current law provides that members of the Panel may include:

(1) Any physician treating the child for abuse;

(2) Any CPS worker assigned to the case and the worker's supervisor;

(3) The child's guardian ad litem;

(4) Members of the child's multidisciplinary team or child protective services consultant; and

(5) Other child protective workers and supervisors;

and

WHEREAS, it is unclear whether the work of the Panel has resulted in any significant impact on reducing the recurrence of child abuse; and

WHEREAS, according to DHS's annual report for fiscal year 2000, 5 percent of the 2,881 children served by Child Welfare Services throughout the State, approximately 144 children, reported the recurrence of maltreatment within a 12-month period; and

WHEREAS, section 587-88, Hawaii Revised Statutes (HRS), requires a Panel to review each case of serious abuse, defined as reabuse, hospitalization, or death arising from an abuse; and

WHEREAS, although 144 children reported in fiscal year 2000 the recurrence of maltreatment over the previous 12-month period, the Director of Human Services informed the Senate Committee on Health and Human Services in oral testimony on Senate Bill No. 2041, heard on January 28, 2002, that Panels were convened only in a handful of instances; and

WHEREAS, under the existing definition of serious abuse in section 587-88, HRS, it is arguable that Panels should have been convened 144 times in fiscal year 2000; and

WHEREAS, while DHS notes that significant improvement in protecting children from recurrent child maltreatment has been demonstrated, the Legislature asserts that even a single case of recurring child maltreatment is unacceptable; and

WHEREAS, in light of this, the Legislature believes there is a need to expand the public's oversight of CPS, especially in cases of recurring child maltreatment or cases with suspicious circumstances, such as when an abused child is missing; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, that DHS is urged to promote public oversight of CPS in cases of recurrent child maltreatment or cases with suspicious circumstances, such as when an abused child is missing; and

BE IT FURTHER RESOLVED that DHS is requested to appoint, whenever feasible, at least one individual who is active in the systemic reform of Hawaii's child welfare system as a Panel member; and

BE IT FURTHER RESOLVED that DHS is requested to convene a Panel for all child welfare cases in which a child is missing and cannot be located; and

BE IT FURTHER RESOLVED that DHS shall submit a report to the Legislature no later than 20 days prior to the convening of the Regular Session of 2003 that shall include but not be limited to:

(1) The number of cases of serious abuse that occurred during the previous fiscal year;

(2) The number of times a Panel was convened during the previous fiscal year; and

(3) Summaries of the nature of the injuries sustained by the victims of serious abuse;

and

BE IT FURTHER RESOLVED that for purposes of the report, DHS is requested not to disclose the name of any minor nor release any information that may be deemed confidential; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Human Services, Executive Director of Volunteer Legal Services Hawaii, Coordinator of Na Keiki Law Center, and Executive Director of Blueprint for Change.

Report Title:

Child Protective Review Panel; Missing Children