HOUSE OF REPRESENTATIVES

H.C.R. NO.

231

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

RELATING TO THE REPRODUCTIVE RIGHTS PROTECTION COMMITTEE.

 

 

WHEREAS, the Incapacitated Persons Sterilization Rights law, Part 6 of chapter 560, Hawaii Revised Statutes, was established in 1986 to protect incapacitated persons from abuses in the application of sterilization procedures by giving them the opportunity for informed assent, where possible, and protecting them from sterilization against their will or that merely serves the interests of others; and

WHEREAS, the law was a response, in part, to situations existing and experienced at the Department of Health (DOH) Waimano Training School and Hospital for persons with developmental disabilities; and

WHEREAS, the law applies to adult persons who are incapacitated because they are unable to receive and evaluate information, or make or communicate decisions, and therefore lack the ability to maintain their own physical health, safety, or self-care; are wards of an appointed guardian; and have attained the age of 18 years of age; and

WHEREAS, the law allows these wards to be sterilized upon procedures which include a petition by any interested person in the Family Court, appointment of a guardian ad litem for the ward, and a hearing; and

WHEREAS, the court must find by clear and convincing evidence either that the ward is capable of giving and withholding informed assent and has given informed assent to the sterilization, or that the ward is incapable of giving or withholding informed assent, but sterilization is in the best interests of the ward; and

WHEREAS, under section 560:5-607 of the law, the court is to set a hearing on a petition "upon receipt of the recommendations" of the Reproductive Rights Protection Committee; and

WHEREAS, the Reproductive Rights Protection Committee was established by the Incapacitated Persons Sterilization Rights law and is appointed by the Governor, and consists of a person with a disability or their parent or guardian, and persons from the disciplines of law, medicine, theological or philosophical ethics, social work, and psychology or psychiatry; and

WHEREAS, the Legislature established the Reproductive Rights Protection Committee to provide clinical and technical support to the Family Court while hearing petitions for sterilization of wards; and

WHEREAS, currently, a decision on whether to grant a request for the clinical and technical recommendations of the Reproductive Rights Protection Committee is treated as discretionary on the part of the Family Court judge hearing a petition for sterilization; and

WHEREAS, the Reproductive Rights Protection Committee has not been required to review a petition for sterilization in its entirety since 1995, although two petitions were presented and withdrawn since 2000; and

WHEREAS, it is difficult to find suitable members and to maintain member interest in their duties given the infrequency of committee activity; and

WHEREAS, there have been no significant monetary costs to operate the Reproductive Rights Protection Committee due to the lack of activity; and

WHEREAS, funding for the Reproductive Rights Protection Committee support was deleted in 1996, with the understanding that DOH would provide staff resources and that incidental expenses would be required to support the function of the Reproductive Rights Protection Committee; and

WHEREAS, procedural and logistical support of the Reproductive Rights Protection Committee has come from a staff person in DOH's Health Information Systems Office and general oversight and fiscal support is provided by the Disability and Communication Access Board; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the Legislative Reference Bureau is requested to conduct a study and make recommendations on the future of the Reproductive Rights Protection Committee and any needed statutory changes; and

BE IT FURTHER RESOLVED, that the study shall include:

(1) An examination of the reasons for the decline in petitions for sterilization to Family Court and requests for the recommendations of the Reproductive Rights Protection Committee;

(2) Whether there is a continued need for the Reproductive Rights Protection Committee or the technical input provided by the Reproductive Rights Protection Committee, given the lack of activity;

(3) Whether there are other means to provide the Family Court with any desired input and recommendations on petitions for sterilization other than the Reproductive Rights Protection Committee; and

(4) Recommendations for amendments to part 6 of chapter 560, HRS, to effectuate the purposes of the part;

and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau shall, at minimum, seek the input of the Reproductive Rights Protection Committee, DOH, the Disability and Communication Access Board, the State Council on Developmental Disabilities, and the Family Court in its review; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit a report to the Legislature no later than 20 days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chair of the Reproductive Rights Protection Committee, the Director of Health, Chairperson and Executive Director of the Disability and Communication Access Board, Chair and Executive Administrator of the State Council on Developmental Disabilities, and the Family

Court.

 

 

 

OFFERED BY:

 

Report Title:

REPRODUCTIVE RIGHTS PROTECTION