Prospective Adoptive Parents

Enables Department of Human Services to require criminal history
checks for prospective adoptive parents.  Authorizes Department
to contract for home studies by social workers with specialized
adoption experience.  Defines "prospective adoptive parents".
Allows Hawaii Criminal Justice Data Center to release info. (SD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "346-    Prospective adoptive parents.  (a)  The department
 5 shall develop standards to assure the reputable and responsible
 6 character of prospective adoptive parents as defined in this
 7 chapter which shall include criminal history record checks.
 8      (1)  Prospective adoptive parents shall submit statements,
 9           signed under penalty of false swearing in official
10           matters, indicating whether the prospective adoptive
11           parents were ever convicted of a crime other than a
12           minor traffic violation involving a fine of $50 or less
13           and providing consent to the department to conduct a
14           criminal history record check and to obtain other
15           criminal history record information for verification.
16           The prospective adoptive parents shall be fingerprinted
17           for the purpose of complying with the criminal history
18           record check.
19      (2)  The department shall obtain criminal history record

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                                     H.B. NO.           H.D. 1
                                                        S.D. 1

 1           information through the Hawaii criminal justice data
 2           center on all prospective adoptive parents.  The Hawaii
 3           criminal justice data center may assess the prospective
 4           adoptive parents a reasonable fee for each criminal
 5           history record check conducted.  The information
 6           obtained shall be used exclusively for the stated
 7           purpose for which it was obtained, and shall be subject
 8           to applicable federal laws and federal regulations.
 9      (3)  The department may deny a prospective adoptive parents'
10           application to adopt a child or children if either of
11           the prospective adoptive parents was convicted of a
12           crime other than a minor traffic violation involving a
13           fine of $50 or less and if the department finds that
14           the criminal history record of either of the
15           prospective adoptive parents poses a risk to the
16           health, safety, or well-being of the child or children
17           to be adopted.
18      (b)  The department may authorize or contract for
19 prospective adoptive parents' home studies for children under the
20 department's custody by experienced social workers with
21 specialized adoption experience."
22      SECTION 2.  Section 346-16, Hawaii Revised Statutes, is
23 amended by adding to subsection (a) a new definition to be

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                                     H.B. NO.           H.D. 1
                                                        S.D. 1

 1 appropriately inserted and to read as follows:
 2      ""Prospective adoptive parents" means a person or persons
 3 who are married to each other and who are applying to the
 4 department to adopt a child or children."
 5      SECTION 3.  Section 846-10, Hawaii Revised Statutes, is
 6 amended to read as follows:
 7      "846-10  Dissemination.  Criminal history record
 8 information may be disseminated to: 
 9      (1)  The governor in individual cases or situations wherein
10           the governor elects to become actively involved in the
11           investigation of criminal activity or the
12           administration of criminal justice in accordance with
13           the governor's constitutional duty to insure that the
14           laws be faithfully executed; 
15      (2)  The attorney general in connection with the attorney
16           general's statutory authority and duties in the
17           administration and enforcement of the criminal laws and
18           for the purpose of administering and insuring
19           compliance with the provisions of this chapter;
20      (3)  The department of human services for purposes of
21           section 346-   ; and
22     [(3)] (4) To such other individuals and agencies who are
23           provided for in this chapter or by rule or regulation."

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                                     H.B. NO.           H.D. 1
                                                        S.D. 1

 1      SECTION 4.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 5.  This Act shall take effect on July 1, 2000.