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SCR 185

URGING THE LEGISLATURE TO CONDUCT MANDATORY INQUIRIES INTO ALL FATALITIES AND SERIOUS INJURIES THAT OCCURRED TO CHILDREN INVOLVED IN CHILD WELFARE SERVICES.

2025 Regular Session Introduced by Brenton Awa and 3 co-sponsors

SCR 185 urges mandatory inquiries by Hawaii's legislative committees into all DHS-involved child fatalities and serious injuries to promote transparency, accountability, and preven

Referred to HHS, WAM.
#childfatalitiesandseriousinjuries #legislativeinquiry
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Bill Summary · SCR 185

SCR 185 — Summary

Quick Overview

  • Bill Number: SCR 185
  • Title: URGING THE LEGISLATURE TO CONDUCT MANDATORY INQUIRIES INTO ALL FATALITIES AND SERIOUS INJURIES THAT OCCURRED TO CHILDREN INVOLVED IN CHILD WELFARE SERVICES
  • Type: Concurrent Resolution
  • Status: Referred to Senate Health and Human Services (HHS) and House Humans Services and Homelessness (WAM) committees
  • Introduced: March 7, 2025
  • Sponsors: DECORTE, GABBARD, AWA, FEVELLA
  • Related: Companion HCR 82 / SR 166

Purpose and Intent

SCR 185 urges the Hawaii Legislature to mandate inquiries by the Senate HHS and House HSH committees into every fatality and serious injury involving children in the care or oversight of Child Welfare Services (CWS) within the Department of Human Services (DHS). The resolution seeks a comprehensive examination of systemic failures, resource allocation, and departmental accountability, with the goal of identifying preventative measures and ensuring transparency and accountability to the public.

Key Provisions and Provisions-to-Action

  • Mandated Inquiries: The resolution asks the two committees to conduct mandatory inquiries into all DHS-involved child fatalities and serious injuries.
  • Comprehensive Review: Inquiries should assess systemic failures, how resources are allocated, and overall departmental accountability.
  • Preventive Safeguards: Identify and recommend measures to prevent future harm to children in DHS care.
  • Transparency and Accountability: Promote full transparency and prompt, thorough action; explore safeguards that prioritize child safety.
  • Legislative Action: Committees’ findings could lead to enacted laws to ensure greater transparency and accountability, aligning Hawaii with practices in other states (e.g., Colorado) that publish details of these cases.
  • Public Disclosure: Highlights that Hawaii currently has a CAPTA-mandated child death review panel but lacks public disclosure or assurance that circumstances are addressed for prevention; contrasts with states that publish case details online.

Background and Rationale (as presented in SCR 185)

  • The bill documents concerns about a “troubling number” of child fatalities and serious injuries stemming from DHS system failures, including foster-care neglect and unsafe reunifications.
  • It cites historical cases and outcomes to illustrate repeated issues, including lawsuits and multi-year concerns, and argues that court settlements do not guarantee preventive reforms in real time.
  • The resolution notes that, despite a 2005 DHS directive (policy DHS 2005-PA-3) requiring immediate reporting of safety concerns to judges, warnings have often been ignored.
  • It emphasizes that while lawsuits exist, they are complex and slow, and there is no assurance that preventative measures are being implemented in the interim.
  • The resolution also references other states’ practices of public disclosure to support a push for transparency and accountability in Hawaii.

Affected Parties and Scope

  • Primary: Children involved with DHS Child Welfare Services and their families.
  • DHS, specifically the Child Welfare Services Branch, and its operations, funding, and policies.
  • State lawmakers and legislative oversight committees (HHS and HSH) responsible for conducting inquiries and potential policy reforms.
  • The general public, which would gain greater transparency if disclosures and safeguards are enacted.

Procedural and Timeline Aspects

  • SCR 185 is a concurrent resolution, meaning it expresses the sense of the Legislature and requests action by committees rather than creating new law.
  • Referred to HHS and WAM on March 12, 2025 (after introduction on March 7, 2025).
  • No specific deadline for the inquiries is provided within the text of the resolution; it assigns broad oversight responsibility to the two committees.

Potential Impact

  • Could lead to binding or non-binding legislative reforms depending on subsequent committee actions and potential follow-up bills.
  • If acted upon, may increase transparency by publishing case details and by improving reporting and accountability mechanisms for DHS and CWS.
  • May catalyze policy changes aimed at preventing fatalities and serious injuries in child welfare settings, including adjustments to reunification practices and safety reporting.

Next Steps

  • Legislative committees (HHS and HSH) would consider the resolution, determine scope, and potentially authorize or undertake mandated inquiries.
  • Depending on findings, the Legislature could pursue concrete statutes or administrative reforms to address identified gaps.

Compiled from official sources — confirm details with the bill’s official record.

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