HOUSE OF REPRESENTATIVES

H.B. NO.

2424

THIRTY-FIRST LEGISLATURE, 2022

H.D. 1

STATE OF HAWAII

S.D. 2

 

C.D. 2

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CHILD WELFARE SERVICES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to:

     (1) Expand the investigative power of the department of human services to include inspections of families who have adopted or been granted legal guardianship of a child; are receiving financial assistance through the State; have a guardianship of a child for whom there is a pending adoption petition and the child is pendente lite or for whom an adoption decree has been issued but the child has not yet been placed in the custody of the adoption petitioner, and against whom have had a complaint filed against them at any time with the department of human services;

     (2)  Require the department of human services to report to the legislature before the convening of the regular session of 2024 on the impact of expanding home visits to families receiving adoption assistance or legal guardianship assistance;

     (3)  Establish the Malama Ohana working group to seek, design, and recommend transformative changes to the State's existing child welfare system; and

     (4)  Appropriate funds to increase the procurement of contracted services to provide additional support, resources, and monitoring of families receiving benefits from the State's adoption assistance and permanency assistance programs.

     SECTION 2.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§346-     Adoptive families and legal guardianship; authority over.  Any family that has adopted or received legal guardianship of a child for whom maintenance is provided pursuant to part E of title IV of the Social Security Act or through the state adoption assistance program pursuant to part XII of chapter 346, or is receiving financial assistance through the State's permanency assistance program, including adoptive families where an adoption decree is pending and the child is pendente lite or where an adoption decree has been issued but adoption has not yet taken place, shall be subject to review or investigation at any time and in a manner, place, and form as may be prescribed by the department or its authorized agents in accordance with chapters 350 and 587A; provided that this review or investigation shall be limited only to families against whom a complaint has been lodged with the department at any time, including any time prior to the issuance of any adoption decree or granting of legal guardianship."

     SECTION 3.  Section 346-301, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§346-301[]]  Adoption assistance program established[.]; review or investigation of program benefit recipients.  The department of human services shall maintain an adoption assistance program to facilitate the adoption of children with special needs.  Pursuant to section 346-   , families receiving benefits from the adoption assistance program and against whom a complaint has been lodged with the department of human services shall be subject to review or investigation at any time and in a manner, place, and form as may be prescribed by the department or its authorized agents in accordance with chapters 350 and 587A."

     SECTION 4.  The department of human services shall collect and analyze data to determine the impact of expanding home visits to families receiving adoption assistance or legal guardianship assistance and shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024.

     SECTION 5.  (a)  There is established within the department of human services a Malama Ohana working group to seek, design, and recommend transformative changes to the State's existing child welfare system.

     (b)  The Malama Ohana working group shall consist of the following members:

     (1)  The executive director of Effective Planning and Innovative Communication, Inc., doing business as EPIC Ohana, or the executive director's designee, who shall serve as co-chair of the working group;

     (2)  The chief executive officer of Hale Kipa, Inc., or the chief executive's designee, who shall serve as co-chair of the working group;

     (3)  Four members of Nā Kama a Hāloa;

     (4)  Two members from each of the following constituencies, identified by Nā Kama a Hāloa:

          (A)  Former foster youth;

          (B)  Birth parents who were involved in the child welfare system, specifically with the department of human services' child welfare services branch;

          (C)  Licensed resource caregivers; and

          (D)  Kinship resource caregivers;

     (5)  The director of human services, or the director's designee;

     (6)  Two members representing the child welfare services branch's investigators, case managers, or their assistants, designated by the branch administrator;

     (7)  The chairperson of the trauma-informed care task force established pursuant to Act 209, Session Laws of Hawaii 2021, or the chairperson's designee;

     (8)  The chief executive officer of the office of Hawaiian affairs, or the chief executive officer's designee;

     (9)  The chief executive officer of Kamehameha Schools, or the chief executive officer's designee; and

    (10)  The chief executive officer of Liliuokalani Trust, or the chief executive officer's designee.

     (c)  The Malama Ohana working group shall develop recommendations to establish a child welfare system that is trauma-informed, sustains a community-based partnership, and is responsive to the needs of children and families in the child welfare system as well as the community.  In carrying out its purpose, the working group shall:

     (1)  Conduct listening sessions throughout the State and with affected constituencies;

     (2)  Conduct convenings to brainstorm and develop concepts for recommendations;

     (3)  Develop recommendations on ways to better coordinate and improve the protection and well-being of children and families in the child welfare system;

     (4)  Identify training and best practices, assessment criteria, and ways to sustain an effective workforce within the department of human services' child welfare services branch;

     (5)  Identify training and best practices, assessment criteria, and ways to sustain an effective workforce within the larger circle of community agencies serving the child welfare system;

     (6)  Identify best practices, including those from Native Hawaiian cultural practices, in providing assistance to children and youth who were involved in the child welfare system and their families;

     (7)  Identify other cultural practices that build wellness and resilience in communities and collaboration between communities and the child welfare services branch; and

     (8)  Collaborate with the trauma-informed care task force, and where appropriate, conduct joint listening sessions or design sessions for the purpose of reforming the child welfare system.

     (d)  Members of the Malama Ohana working group shall serve without compensation but shall be reimbursed for reasonable expenses necessary for the performance of their duties, including travel expenses.  No member of the working group shall be subject to chapter 84, Hawaii Revised Statutes, solely because of the member's participation in the working group.

     (e)  The department of human services may contract with an administrative facilitator to provide necessary support for the Malama Ohana working group in carrying out its activities, including preparation of the report required pursuant to subsection (f), without regard to chapter 103D, Hawaii Revised Statutes.

     (f)  The Malama Ohana working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $8,000,000 or so much thereof as may be necessary for fiscal year 2022-2023 for the procurement of contracted services to provide additional support, resources, and monitoring of families receiving benefits from the State's adoption assistance program and permanency assistance program, for the purposes of assisting with family strengthening and the maintenance of a safe home environment for adopted children; provided that:

     (1)  $1,000,000 shall be expended for the development and maintenance of necessary information technology systems, including the establishment of two full time equivalent (2.0 FTE) positions;

     (2)  $1,200,000 shall be expended to increase compensation to fill vacancies and retain employees in existing child welfare services branch investigator, case manager, and social worker positions; provided that any increase in compensation shall be subject to collective bargaining with the objective of expeditiously filling all vacancies;

     (3)  $800,000 shall be expended for the department of human services to contract with a third party for enhanced permanency support services, including additional training for resource caregivers, wellness visits within a year of adoption or guardianship of children formerly in foster care, respite care, and enhanced supportive services to assist with family strengthening and maintenance of a safe home environment for adopted children;

     (4)  $100,000 shall be expended for the establishment of one full time equivalent (1.0 FTE) planner or project specialist position to administer and monitor additional service contracts and assist with additional service coordination, data collection, and analysis of the new program; and

     (5)  $250,000 shall be expended for the Malama Ohana working group established pursuant to section 5 of this Act, including for the department of human services to contract with an administrative facilitator to provide necessary support for the working group in carrying out its activities.

     The sum appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 7.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval; provided that section 6 shall of this Act shall take effect on July 1, 2022.



 

Report Title:

DHS; Child Welfare System; Foster Care; Adoption; Adoption Assistance; Legal Guardianship Assistance; Investigative Authority; Working Group; Report; Appropriation

 

Description:

Expands the investigative authority of DHS to include families with foster children with a pending adoption decree or for whom an adoption decree has been issued but adoption has not yet taken place, children who are placed into legal guardianship and who receive permanency assistance payments, and adopted children who receive adoption assistance payments, and against whom a complaint has been filed with DHS at any time.  Requires DHS to analyze and report on the impact of expanding home visits to families receiving adoption assistance or legal guardianship assistance.  Establishes the Malama Ohana working group to seek, design, and recommend transformative changes to the State's child welfare system.  Appropriates funds to increase the procurement of contracted services to provide additional support, resources, and monitoring of families receiving benefits from the State's adoption assistance and permanency assistance programs.  (CD2)

 

 

 

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