STAND. COM. REP. NO.  37

 

Honolulu, Hawaii

                , 2011

 

RE:   H.B. No. 726

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred H.B. No. 726 entitled:

 

"A BILL FOR AN ACT RELATING TO FOSTER CHILDREN,"

 

begs leave to report as follows:

 

     The purpose of this bill is to ensure the safety and health of children in the foster care system by:

 

(1)  Authorizing the family court upon motion by the child or former guardian ad litem to extend its jurisdiction over the child until the child is 21 years old or the child withdraws consent to the court's extended jurisdiction, subject to an automatic termination of jurisdiction at age 18, the age of majority; and

 

(2)  Requiring that the scope of the written findings of the court in the permanency hearings include:

 

(A)  Services needed to assist a child, age 14 to 16, to transition from foster care to independent living, if deemed appropriate by the Department of Human Services (DHS); and

 

(B)  A consultation with the child regarding the proposed plan for permanency or transition to independent living, which addresses the child's needs and goals for a successful transition. 

 

     The Hawaii Youth Services Network testified in support of this bill.  The Department of the Attorney General, DHS, Judiciary, and Office of Hawaiian Affairs submitted comments.

 

     Your Committee finds that many youth who age out of foster care are not fully prepared for the responsibilities of adult living.  Accordingly, concerns have been expressed that the foster care system should be doing a better job with transition preparation of foster care individuals by the age of majority at age 18.

 

     Your Committee has amended this bill by:

 

(1)  Deleting language relating to the authorization of the family court's extension of jurisdiction by motion and substituting provisions that extend the court's age jurisdiction to 21 from 19 years of age and terminating jurisdiction upon the earlier of:

 

(A)  The child's 21st birthday; or

 

(B)  The date the child withdraws consent to the extended jurisdiction.

 

     Also, providing that the age of majority remains 18 year of age during the extended jurisdictional period;

 

(2)  Changing the effective date to July 1, 2050, to encourage further discussion; and

 

(3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     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. 726, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 726, H.D. 1, 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