CONFERENCE COMMITTEE REP. NO.131-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 2043

S.D. 1

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2043, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ADOPTION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to establish a temporary advisory task force to study legal issues relating to hanai adoption. The task force is directed to:

(1) Review case law, statutory law, and Hawaiian customary and traditional practices related to hanai adoption practices;

(2) Submit an interim report to the Legislature not later than twenty days prior to the Regular Session of 2003; and

(3) Submit a final report of findings and recommendations, including proposed legislation, to the Legislature not later than twenty days prior to the Regular Session of 2004.

Your Committee on Conference finds that hanai adoption has long been practiced by Hawaiian families, and hanai relationships continue today. Hanai adoption generally refers to a permanent relationship, frequently with family members, that provides for a child's well being, with adults other than the child's biological parents raising and caring for the child. Although it closely resembles today's legal adoptions, early courts in Hawaii failed to grant the same rights to hanai adoptions as those given to legal adoptions that fulfill statutory requirements. Modern courts follow that precedent.

The Hawaii constitution requires that customs and traditions of native Hawaiians be protected and preserved. Your Committee on Conference believes that hanai adoption is a customary and traditional Hawaiian practice that continues today, and as such, the State must fulfill its constitutional mandate. The task force established by this measure would clarify the status of hanai relationships, helping those involved to understand their legal rights and obligations.

Upon further consideration, your Committee on Conference has amended the measure by:

(1) Deleting all references to moneys being appropriated for the task force;

(2) Transferring the responsibility of convening the task force from the Department of Human Services to Volunteer Legal Services Hawaii; and

(3) Making the convening of the task force voluntary rather than mandatory.

Your Committee on Conference realizes that without an appropriation to assist the Department of Human Services in defraying the costs of implementing this measure, the department would be hard-pressed to meet the measure's mandated purpose. However, it is your Committee on Conference's understanding that Volunteer Legal Services Hawaii is willing to convene the task force without public funding.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2043, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2043, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

BLAKE K. OSHIRO, Co-Chair

____________________________

JONATHAN CHUN, Chair

____________________________

WILLIE C. ESPERO, Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair

____________________________

BRIAN KANNO, Co-Chair