STAND. COM. REP. NO.1071-02

Honolulu, Hawaii

, 2002

RE: H.R. No. 51

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Human Services and Housing, to which was referred H.R. No. 51 entitled:

"HOUSE RESOLUTION REQUESTING THE CREATION OF A HANAI TASK FORCE TO RECOMMEND A CONSISTENT POLICY ON HANAI RELATIONSHIPS,"

begs leave to report as follows:

The purpose of this resolution is to request the Department of Human Services (DHS) to convene a temporary advisory task force (Task Force) to study the legal ramifications of integrating the practice of hanai relationships into statutory law.

The Office of Hawaiian Affairs, Volunteer Legal Services Hawaii (VLSH), and a concerned individual testified in support of this measure. DHS supported the intent of this measure.

Your Committee finds that confusion exists between the rights of those who are legally adopted and those who are hanai. Although DHS supported the intent of this measure, it objects to the Task Force being placed within DHS. VLSH agreed to convene the Task Force and offered other amendments.

Accordingly, your Committee has amended this resolution by:

(1) Requesting VLSH to convene the Task Force instead of DHS;

(2) Specifying that the Task Force review applicable case law, statutory law, and customary and traditional practices related to the hanai relationship;

(3) Including as members of the Task Force, representatives of the nonprofit community, foster care and adoption community, and the three branches of government;

(4) Including the Director of Human Services, the Attorney General, and the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, or their designees, to serve as ex-officio members; and

(5) Making technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Human Services and Housing that is attached to this report, your Committee concurs with the intent and purpose of H.R. No. 51, as amended herein, and recommends that it be referred to the Committee on Judiciary and Hawaiian Affairs in the form attached hereto as H.R. No. 51, H.D. 1.

 

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

 

____________________________

MICHAEL P. KAHIKINA, Chair