REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO CONDUCT A STUDY ON THE COSTS AND BENEFITS OF CREATING AN OFFICE OF THE CHILD ADVOCATE.

SR35

THE SENATE

S.R. NO.

35

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

SENATE RESOLUTION

requesting the department of human services to conduct a
study on the costs and benefits of creating an office of the Child advocate
.

����
WHEREAS, repeated
instances of tragic child abuse cases have exposed critical flaws within the
State's child welfare system, including the administration of foster services;
and

����
WHEREAS, in
2019, the State agreed to pay $585,000 to settle a lawsuit brought on behalf of
two children who were abused by their foster parent; and

����
WHEREAS, in
2024, the State agreed to pay $750,000 to settle a lawsuit brought by the
parents of a child who died while in the custody of foster parents; and

����
WHEREAS, in
2024, a circuit court judge ruled that the State was grossly negligent for
placing an eight-year-old boy in a foster home where the boy was abused; and

����
WHEREAS,
a 2025 investigative series published by Civil
Beat reported that some of the nearly sixty boys who were placed under the care
of, and abused by, a single foster parent in the 1990s and 2000s experienced
long-term adverse outcomes, including substance abuse, homelessness, criminal
justice involvement, and significant mental health challenges later in life
;
and

����
WHEREAS, in
Audit
of the Department of Human Services' Child Welfare Services Branch
, Report
No. 24-05, State of Hawaii, April 2024, the
A
uditor found that the
D
epartment
of
H
uman
S
ervices'
C
hild
W
elfare
S
ervices
B
ranch failed
to comply with statutory licensing requirements, placing children at risk and
reducing federal Title IV-E reimbursements for foster care services; and

����
WHEREAS,
abuse within the State's foster care system caused by lack of oversight and
improper licensing has resulted in substantial financial costs to the State through
lawsuits and lost funds; and

����
WHEREAS, Act
86, Session Laws of Hawaii 2023, established the Malama Ohana Working Group to seek,
design, and recommend transformative changes to the State's existing child
welfare system; and

����
WHEREAS, in
its 2024 report, the Malama Ohana Working Group highlighted the need for
responsive oversight of both systemic and individual concerns in the State's
child welfare system; and

����
WHEREAS, establishing an Office of the Child
Advocate in the State would provide impartial oversight of the delivery of
services to children and their families by state agencies, including the
Department of Human Services and its Child Welfare Services Branch, and other
entities that serve children and their families through funds provided by the
State; and

����
WHEREAS, an Office of the Child Advocate
would provide oversight through site visits to facilities that serve children, investigation
of complaints, periodic review of internal records and procedures to ensure compliance
with applicable laws, issuance of annual reports with findings and
recommendations, including proposed legislation, and outreach programs to educate
the public; and

����
WHEREAS,
the external oversight and
recommendations provided by an Office of the Child Advocate would increase
accountability across the State's child welfare system and lead to greater
protection of children from preventable harm, maximize the State's federal
funding opportunities, reduce costly lawsuit settlements, and restore public
confidence in the State's child welfare system
; now, therefore,

����
BE IT
RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, that the Department of Human Services is requested to
conduct a study on the costs and benefits of creating an Office of the Child
Advocate; and

����
BE IT FURTHER
RESOLVED that the Department of Human Services is requested to include in its
study and subsequent recommendations its suggested placement of the Office of
the Child Advocate, either within an existing state department or agency, or as
an independent department or office; and

����
BE IT FURTHER
RESOLVED that the Department of Human Services is requested to 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 2027; and

����
BE IT FURTHER
RESOLVED that a certified copy of this Resolution be transmitted to the
Director of Human Services.

OFFERED BY:

_____________________________

Report Title:
�

Department
of Human Services; Foster Parents; Independent Office of the Child Advocate;
Costs; Study; Report