HB 640: Office of the Ombudsman; Child Welfare Services Branch; Department of Human Services; Complaints

A BILL FOR AN ACT

RELATING TO CHILD WELFARE.

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

     SECTION 1.  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.  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.

     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.  Their work resulted in a powerful vision for transforming how Hawaii supports families and protects children.

     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.  Currently, the office of the ombudsman plays this role, upon request.

     The legislature further finds that 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.  The ombudsman serves as a neutral, independent intermediary between citizens and executive agencies.  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.

     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.

     Therefore, the purpose of this Act is to:

     (1)  Require the office of the ombudsman to publish an annual 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

     (2)  Require the child welfare services branch of the department of human services to notify birth families, children in foster care, and resource caregivers that they can file a complaint with the office of the ombudsman.

     SECTION 2.  The office of the ombudsman shall publish on its website an annual report that identifies:

     (1)  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; provided that for the purposes of this paragraph, "nature of complaint" means the relationship of the complainant with the child welfare services branch and the service provided by the child welfare services branch that is the subject of the complaint; and

     (2)  The disposition of those complaints.

     SECTION 3.  The child welfare services branch of the department of human services shall notify all individuals, including birth families, children in foster care, 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.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Office of the Ombudsman; Child Welfare Services Branch; Department of Human Services; Complaints

Description:

Requires the Office of the Ombudsman to publish an annual 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.  Requires the Child Welfare Services Branch to provide notification to certain parties that complaints can also be filed with the Office of the Ombudsman.  Effective 7/1/3000.  (HD3)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO CHILD WELFARE.

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

     SECTION 1.  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.  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.

     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.  Their work resulted in a powerful vision for transforming how Hawaii supports families and protects children.

     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.  Currently, the office of the ombudsman plays this role, upon request.

     The legislature further finds that 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.  The ombudsman serves as a neutral, independent intermediary between citizens and executive agencies.  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.

     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.

     Therefore, the purpose of this Act is to:

     (1)  Require the office of the ombudsman to publish an annual 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

     (2)  Require the child welfare services branch of the department of human services to notify birth families, children in foster care, and resource caregivers that they can file a complaint with the office of the ombudsman.

     SECTION 2.  The office of the ombudsman shall publish on its website an annual report that identifies:

     (1)  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; provided that for the purposes of this paragraph, "nature of complaint" means the relationship of the complainant with the child welfare services branch and the service provided by the child welfare services branch that is the subject of the complaint; and

     (2)  The disposition of those complaints.

     SECTION 3.  The child welfare services branch of the department of human services shall notify all individuals, including birth families, children in foster care, 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.

     SECTION 4.  This Act shall take effect on July 1, 2025.

Report Title:

Office of the Ombudsman; Child Welfare Services Branch; Department of Human Services; Complaints

Description:

Requires the Office of the Ombudsman to publish an annual 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.  Requires the Child Welfare Services Branch to provide notification to certain parties that complaints can also be filed with the Office of the Ombudsman.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO CHILD WELFARE.

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

     SECTION 1.  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.  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.

     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.  Their work resulted in a powerful vision for transforming how Hawaii supports families and protects children.

     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.  Currently, the office of the ombudsman plays this role, upon request.

     The legislature further finds that 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.  The ombudsman serves as a neutral, independent intermediary between citizens and executive agencies.  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.

     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.

     Therefore, the purpose of this Act is to:

     (1)  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

     (2)  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.

     SECTION 2.  The office of the ombudsman shall publish on its website a quarterly report that identifies:

     (1)  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; provided that for the purposes of this paragraph, "nature of complaint" means the relationship of the complainant with the child welfare services branch and the service provided by the child welfare services branch that is the subject of the complaint; and

     (2)  The disposition of those complaints.

     SECTION 3.  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.

     SECTION 4.  This Act shall take effect on July 1, 2025.

Report Title:

Office of the Ombudsman; Child Welfare Services Branch; Department of Human Services; Complaints

Description:

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.  Requires the Child Welfare Services Branch to provide notification that complaints can also be filed with the Office of the Ombudsman.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to child welfare.

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

     SECTION 1.  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.  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.

     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.  Their work resulted in a powerful vision for transforming how Hawaii supports families and protects children.

     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.  Currently, the office of the ombudsman plays this role, upon request.

     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.  The ombudsman serves as a neutral, independent intermediary between citizens and executive agencies.  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.

     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.

     Therefore, the purpose of this Act is to:

     (1)  Require specialized training for all employees of the office of the ombudsman to develop relevant expertise;

     (2)  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

     (3)  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.

     SECTION 2.  (a)  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.  This training shall occur over three sessions and shall be completed by December 2026.

     (b)  The office of the ombudsman shall publish on its website a quarterly report that identifies:

     (1)  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

     (2)  The disposition of those complaints.

     SECTION 3.  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.

     SECTION 4.  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.

     The sum appropriated shall be expended by the office of the ombudsman for the purposes of this Act.

     SECTION 5.  This Act shall take effect on July 1, 2025.

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.  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.  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.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1009

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 640

      H.D. 3

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred H.B. No. 640, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CHILD WELFARE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require the Office of the Ombudsman to publish an annual report that identifies the number and nature of complaints regarding the Child Welfare Services Branch of the Department of Human Services; and

     (2)  Require the Child Welfare Services Branch to provide notification to certain parties that complaints can also be filed with the Office of the Ombudsman.

     Your Committee received testimony in opposition to this measure from the Hawaii Coalition for Child Protective Reform.  Your Committee received comments on this measure from the Department of Human Services; Office of the Ombudsman; and Mālama ‘Ohana Working Group.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 640, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 640, H.D. 3.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  651

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 640

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Human Services & Homelessness, to which was referred H.B. No. 640, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHILD WELFARE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  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

     (2)  Require the Child Welfare Services Branch to provide notification to certain parties that complaints can also be filed with the Office of the Ombudsman.

     Your Committee received testimony in support of this measure from the Hawaii Coalition for Child Protective Reform.  Your Committee received comments on this measure from the Department of Human Services; Office of the Ombudsman; and one individual.

     Your Committee finds that Hawaii's child welfare system plays a crucial role in protecting children and supporting families, yet concerns remain regarding its responsiveness and transparency.  Families navigating the system often struggle to voice their grievances or seek resolution when issues arise.  This measure addresses these challenges by strengthening oversight and accountability through the Office of the Ombudsman, ensuring that complaints regarding the Child Welfare Services Branch are independently reviewed and properly addressed.

     Your Committee has amended this measure by:

     (1)  Specifying that the Office of the Ombudsman publish an annual, rather than quarterly, report on its website;

     (2)  Clarifying that the Child Welfare Services Branch shall be required to notify birth families, children in foster care, and resource caregivers that they can file a complaint with the Office of the Ombudsman; and

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

     As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 640, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 640, H.D. 2.

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

STAND. COM. REP. NO.  199

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 640

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Legislative Management, to which was referred H.B. No. 640 entitled:

"A BILL FOR AN ACT RELATING TO CHILD WELFARE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require and appropriate funds for specialized training for all employees of the Office of the Ombudsman to develop relevant expertise relating to the child welfare system;

     (2)  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

     (3)  Require the Child Welfare Services Branch to notify birth families, children, and resource caregivers that they can file a complaint with the Office of the Ombudsman.

     Your Committee received testimony in support of this measure from the Hawaii Coalition for Child Protective Reform; Mālama ʻOhana Working Group; and two individuals.  Your Committee received comments on this measure from the Department of Human Services and Office of the Ombudsman.

     Your Committee finds that the Malama Ohana Working Group, established by Act 86, Session Laws of Hawaii 2023, developed recommendations to create a trauma-informed, community-based child welfare system that better supports children and families.  Among these recommendations was the need for an independent method to resolve complaints related to the child welfare system.  While the Office of the Ombudsman currently serves this role, greater awareness and specialized expertise are needed to ensure effective oversight.  This measure mandates reporting on child welfare-related complaints and directs the Child Welfare Services Branch to inform families and caregivers of their right to file complaints.

     Your Committee has amended this measure by:

     (1)  Deleting language that would have required and appropriated funds for specialized training for all employees of the Office of the Ombudsman to develop relevant expertise;

     (2)  Clarifying the nature of complaints that must be published on the Office of the Ombudsman's website; and

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

     As affirmed by the record of votes of the members of your Committee on Legislative Management that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 640, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 640, H.D. 1, and be referred to your Committee on Human Services & Homelessness.

Respectfully submitted on behalf of the members of the Committee on Legislative Management,