THE SENATE

S.C.R. NO.

129

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

requesting the department of human services and the chief of the hawaii county police department to publicly disclose information related to the disappearance of peter kema, jr.

 

 

WHEREAS, Peter Kema, Jr., also known as Peter Boy, has not been seen by his relatives since February 1997; and

WHEREAS, Peter Boy allegedly was given by his father, Peter Kema, Sr., to an old family friend named Aunty Rose Makuakane, during a trip to Oahu in August 1997; and

WHEREAS, despite a highly publicized statewide search, no one has reported seeing Peter Boy since that time; and

WHEREAS, police have been unable to prove the existence of Aunty Rose Makuakane, and the case is still being actively investigated as a missing person case; and

WHEREAS, while Peter Boy's parents have maintained that they never harmed the child, the boy's three siblings, who have been placed in foster custody, have provided a disturbing portrait of alleged abuse, including allegations that Peter Boy was starved, forced to sleep outside, driven around in the locked trunk of the family car, and sometimes handcuffed to his bed; and

WHEREAS, despite reports of abuse, the Department of Human services allowed Peter Boy Kema to remain with his family; and

WHEREAS, as the Child Protective Services Division of the Department of Human Services was monitoring Peter Boy Kema and his family, it should have been more vigilant and responsible for his safety and also should have enlisted the support of the public to obtain more information about the case, instead of hiding behind the "cloak of confidentiality"; and

WHEREAS, despite an investigation by the Hawaii County Police Department, there has been no apparent progress in the case, and the whereabouts of Peter Boy remain unknown, with his body not discovered; and

WHEREAS, the interests of justice and confidence in our system of child protection beg resolution of the mystery of Peter Boy's fate and closure to his case; and

WHEREAS, from the outset, Volunteer Legal Services Hawaii experienced difficulties that made it impossible to determine whether Peter Boy's rights had been violated because Volunteer Legal Services Hawaii:

(1) Was not named a party to the case and was unable to obtain any information concerning the actual case records from the Department of Human Services; and

(2) Found that court action to require the release of information would not likely be fruitful, based on the Hawaii Supreme Court's ruling in Kema v. Gaddis, 91 Haw. 200 (1999); and

WHEREAS, in Kema, the Hawaii Supreme Court invalidated a Family Court (Third Circuit) order that authorized the release of information pertaining to a protection proceeding; and

WHEREAS, in response to the court's ruling, Volunteer Legal Services Hawaii worked with lawmakers, government agencies, community organizations, volunteer attorneys, and clients to draft proposed legislation that was intended specifically to address the Kema ruling; and

WHEREAS, there is an urgency in this case that calls for giving extra weight to the needs of a missing child when determining whether to allow persons, other than the parties, access to protective proceeding records, by establishing the following rebuttable presumptions in the Child Protective Act that concerns relating to the missing child's whereabouts and well-being outweigh:

(1) Family member concerns relating to the confidentiality of information; and

(2) Concerns that access to information may have potential harmful effects upon the missing child's family members, including a sibling who is a minor and who may be the subject of a protection case that is interrelated with the missing child's case; and

WHEREAS, concerns were raised on the establishment of rebuttable presumptions in family law; and

WHEREAS, the establishment of rebuttable presumptions in the Child Protective Act would ultimately require the release of information in all missing child cases, regardless of whether the release would be harmful to the siblings of the missing child; and

WHEREAS, under existing case law, the evidentiary standard to overturn a rebuttable presumption is unclear at best; and

WHEREAS, it is not the Legislature's intent to place the siblings of a missing child at risk of harm, but rather to enable the courts to have adequate flexibility to release records in a manner that would mitigate any harmful effects that the release might have on the siblings; and

WHEREAS, to resolve the Peter Boy Kema case, it is necessary to first clarify laws pertaining to the release of confidential information to third parties under the Child Protective Act; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Director of Human Services and the Chief of the Hawaii County Police Department are requested to release to the public, any information that would facilitate locating Peter Boy Kema; and

BE IT FURTHER RESOLVED that the Attorney General is requested to assist the Department of Human Services in drafting administrative rules and legislation, if necessary, to enable the Department of Human Services to release information to other agencies and the public, where it may be helpful in resolving a situation similar to the case of Peter Boy Kema; and

BE IT FURTHER RESOLVED that the Department of Human Services, the Hawaii County Police Department, and the Hawaii county Prosecuting Attorney are requested to:

(1) Provide no later than twenty days prior to the Regular Session of 2006 a report to the Legislature and other interested parties, to apprise them of the status and any developments in any investigation into the whereabouts of Peter Boy Kema;

(2) Fully cooperate with any media requests for information concerning any investigation into the whereabouts of Peter Boy Kema, to the extent information disclosed will not jeopardize the investigation; and

(3) If the investigation is no longer progressing, bring closure to the case; and

BE IT FURTHER RESOLVED that the Attorney General is requested to determine the culpability, if any, of the Department of Human Services who, at the time of Peter Boy's disappearance, had jurisdiction over Peter Boy Kema; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Human Services, the Attorney General, the Mayor of the County of Hawaii, the Chief of the Hawaii County Police Department, and the Hawaii County Prosecuting Attorney.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Peter Boy Kema Case; Case Information Disclosure