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 Auditor found that the Department of Human Services' Child Welfare Services Branch 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