STAND. COM. REP. NO. 604

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1645

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Madam:

 

     Your Committee on Human Services and Public Housing, to which was referred S.B. No. 1645 entitled:

 

"A BILL FOR AN ACT RELATING TO CHILDREN,"

 

begs leave to report as follows:

 

     The purpose of this measure is to establish an Office of the Children's Ombudsman within the Office of the Ombudsman for administrative purposes, and appropriates funds for this purpose.

 

     The Children's Rights Council submitted testimony in support of this measure.  The Office of the Ombudsman submitted comments.

 

     Your Committee finds that, at present, the Office of the Ombudsman is authorized under chapter 96, Hawaii Revised Statutes, to investigate complaints about the administrative acts of executive branch agencies in the state and county government.  Complaints relating to child protective services, adolescent mental health services, child support, and public education are just a few examples of the types of complaints that are investigated by the Ombudsman that are related to the protection of children's rights.

 

     The United States Ombudsman Association provides a Model Ombudsman Act for state governments that narrowly excludes judges based upon the existence of the system of appellate review of judicial decisions.  However, the narrow exclusion contemplates that the Ombudsman would have jurisdiction to investigate administrative or ministerial acts by employees of the judicial branch, when those acts are peripheral to the adjudication itself. 

 

     It is your Committee's intent to expand the jurisdiction of the Office of the Ombudsman to enable the Ombudsman to investigate administrative acts by employees of the Judiciary as those acts pertain to child‑related matters.  The Ombudsman would not have jurisdiction to criticize or review the substantive content of any judicial order, decision, or opinion.  Your Committee has amended this measure by:

 

     (1)  Expanding the jurisdiction of the Office of the Ombudsman to include the Judiciary in complaints regarding child‑related matters, except for judges;

 

     (2)  Defining "child‑related matters";

 

     (3)  Amending the purpose of the appropriation for the expansion of the Ombudman's responsibilities under this measure; and

 

     (4)  Making technical, nonsubstantive changes for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Human Services and Public Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1645, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1645, S.D. 1, and be referred to the Committee on Ways and Means.

 

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

 

 

 

____________________________

SUZANNE CHUN OAKLAND, Chair