STAND. COM. REP. NO.  436

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 1094

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 1094 entitled:

 

"A BILL FOR AN ACT RELATING TO PERMANENCY HEARINGS,"

 

begs leave to report as follows:

 

     The purpose of this bill is to amend the Child Protective Act by, among other things:

 

     (1)  Adding provisions related to permanency hearings to determine permanent placement of a child; and

 

     (2)  Allowing the court to set a case for a show cause hearing if a child's family home is determined not to be safe, even with the assistance of a service plan.

 

     The Department of Human Services testified in support of this bill.  The Judiciary opposed this measure.

 

     Your Committee understands that the substance of this measure is necessary to receive federal funds under Title IV-E but notes that the Judiciary has raised serious concerns regarding its practicability.  Furthermore, your Committee notes that the proposed new section to Chapter 587, Hawaii Revised Statutes, as currently drafted does not adequately reference other sections of that chapter relating to permanent plans and permanent plan hearings.

 

     Accordingly, your Committee has amended this bill by:

 

     (1)  Changing the effective date to January 1, 2046, to encourage further discussion; and

 

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1094, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 1094, H.D. 1.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

JON RIKI KARAMATSU, Chair