STAND. COM. REP. NO.  137

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 1094

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, 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 ensure compliance with federal Title IV-E hearing requirements by amending Chapter 587, Hawaii Revised Statutes, to:

 

     (1)  Require a permanency hearing within 12 months of a             child's of entry into out-of-home care, or 30 dates           after the court determines the child is an abandoned            infant or that efforts to reunify the child and family         are not required;

 

     (2)  Require that the status of the child shall be reviewed        at least every 12 months thereafter;

 

     (3)  Stipulate the duties of the court during permanency            hearings; and

 

     (4)  Conform existing law to the new statutory                      material.

 

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

 

     Your Committee acknowledges the Judiciary's testimony, that although the federal representative to the Child and Family Services Review process believes that there is a problem which may lead to the potential loss of federal Title IV-E monies, the Judiciary is deeply concerned about amending the statute before the interested stakeholders have had an opportunity to collaborate on a solution.  The Judiciary stated that after a review of the current federal statute, there is reason to believe that there is no urgent need to pass an amendment. 

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1094 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

 

 

 

____________________________

JOHN M. MIZUNO, Chair