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SB1108
THE SENATE
S.B. NO.
1108
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to child welfare
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that Act 86, Session
Laws of Hawaii 2023, established the malama ohana working group, which was
tasked with recommending transformative changes to the State's existing child
welfare system.
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Over the course of
fifteen months, seventeen members of the malama ohana working group, which represented
those serving youth as well as youth and families throughout the State,
together with hundreds of community members, opened their hearts and listened
deeply to the stories of lived experience within the child welfare system.
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The malama
ohana working group strove to develop recommendations to establish a child
welfare system that is trauma-informed, sustains a community-based partnership,
and responds to the needs of children and families in the system and the
community.
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Their work resulted in a
powerful vision for transforming how Hawaii supports families and protects
children.
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Among the
many recommendations to move toward this vision was the establishment of a
method for the independent resolution of complaints concerning the child
welfare system.
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Currently, the office of
the ombudsman plays this role, upon request.
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The office
of the ombudsman is an independent agency of the legislature that investigates
complaints about actions of executive branch agencies of the State and counties.
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The ombudsman serves as a neutral,
independent intermediary between citizens and executive agencies.
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The ombudsman has the authority to obtain
necessary information for an investigation and to recommend corrective action
if a complaint is found to be substantiated.
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As a first
step in addressing concerns raised by the malama ohana working group, the
legislature wishes to fully utilize the office of the ombudsman by raising
awareness of the office as a resource for those who have complaints related to
the child welfare services branch of the department of human services.
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Therefore,
the purpose of this Act is to:
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(1)
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Require
specialized training for all employees of the office of the ombudsman to
develop relevant expertise;
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(2)
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Require
the office of the ombudsman to publish a quarterly report on its website that
identifies the number and nature of complaints that it receives regarding the
child welfare services branch of the department of human services; and
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(3)
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Require
the child welfare services branch of the department of human services to notify
birth families, children, and resource caregivers that they can file a
complaint with the office of the ombudsman.
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SECTION
2.
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(a)
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All employees of the office of the ombudsman shall undergo specialized
training to develop expertise in addressing complaints about the child welfare
services branch of the department of human services, including training about best
practices; trauma-informed training; and training in diversity, equity, and
inclusion.
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This training shall occur
over three sessions and shall be completed by December 2026.
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(b)
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The office of the ombudsman shall publish on
its website a quarterly report that identifies:
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(1)
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The number and nature of complaints that the
office of the ombudsman receives regarding the child welfare services branch of
the department of human services; and
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(2)
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The disposition of those complaints.
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SECTION
3.
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The child welfare services branch of
the department of human services shall notify all individuals, including birth
families, children, and resource caregivers, that they can also file a
complaint with the office of the ombudsman if they disagree with a decision
made by the child welfare services branch when a case is first established and
again at the time that an oral or written complaint is made to employees of the
child welfare services branch.
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SECTION
4.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 for the training
identified in section 2(a) of this Act.
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The sum
appropriated shall be expended by the office of the ombudsman for the purposes
of this Act.
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SECTION 5.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Office of
the Ombudsman; Child Welfare Services Branch of the Department of Human Services;
Complaints; Appropriation
Description:
Requires specialized training for all employees of the
Office of the Ombudsman to develop relevant expertise to handle complaints
about the child welfare system.
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Requires
the Office of the Ombudsman to publish a quarterly report on its website that
identifies the number and nature of complaints that it receives regarding the
Child Welfare Services Branch of the Department of Human Services.
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Requires the Child Welfare Services Branch of
the Department of Human Services to provide notification that complaints can
also be filed with the Office of the Ombudsman.
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Appropriates funds.
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not legislation or evidence of legislative intent.