HB900: Lawyers for Abused Foster Kids?
by Andrew Walden
Will 2025 be the year legislators act to require legal representation for abused foster children within the Family Court system?
Based on the January, 2025, “Malama Ohana Report,” HB990 would fund “a working group to improve Family Court processes, including access to legal representation for youth in the child welfare system.”
After a hearing before HSH, HB990, amended as HD1, has been ‘defected’ with an effective date in year 3000 and a blank space for the appropriation. This is a standard legislative maneuver designed to force the bill into a secretive Conference Committee where House and Senate insiders could water it down without leaving fingerprints.
HSH is chaired by Rep Lisa Marten (D-51 Waimanalo), the lead author of HB900.
A sister bill, SB1228, double referred, has not received a hearing. Nor has HB1381, which contains similar language. February 14, 2025, is the ‘First Lateral’ deadline for bills to arrive at their final committee referral in the originating chamber.
The Working Group would report to the 2026 Legislature with “plans for a pilot program to test a model for delivering counsel services to youth of a selected age range in a selected jurisdiction within the State.”
HB900 received no testimony from the Department of Human Services or HGEA, but it did receive positive written testimony from Dyan M. Medeiros, Senior Judge of the First Circuit Family Court.
This is a change for the Judiciary, but also a reflection of HB900’s more gradualistic language as compared to bills introduced in previous legislative sessions.
In 2023, Jessi Hall, judge in the notorious Ariel Sellers foster case, opposed HB1291 writing: “We agree with the bill’s intent that our family courts should establish policies and procedures that assist children in foster care in obtaining legal representation to pursue civil tort claims for personal injuries. However, we disagree that such a process should be enacted by a statute….” Likewise, in 2022, The Judiciary opposed similarly-worded SB2422.
Nobody testified in opposition to HB900. Support comes from the Governor’s Office of Wellness and Resilience and several members of the Malama Ohana Working Group. Noreen Kohl, PhD of the Hawai’i Childrens’ Action Network explains:
“…legal counsel for children is necessary to improve the safety and well-being of children and youth involved in the child welfare system. Children represented by specially trained legal counsel experience better outcomes, including higher chances of leaving the foster care system within their first six months. They also experience a 45% higher reunification rate with their biological parents; 30% reduction in the rate of placement moves; and 65% reduction in the rate of unnecessary school moves.
“Hawai’i is one of only five states that does not currently guarantee the right to legal counsel for children during the duration of their child welfare case.”
HB900HD1 must be heard by either JHA or FIN before February 14 to stay alive in the legislative process.
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LINK: Malama Ohana Report
HB900: Text, Status (Triple referral. Passed 2nd read after passing HSH amended as HD1.)
SB1228: Text, Status (Double referral. No hearing set.)
HB1381: Text, Status (Triple referral. No hearing set.)
BACKGROUND: