Ka Wai Ola - Office of Hawaiian Affairs, Volume 25, Number 7, 1 July 2008 — Bringing ʻohana into the foster-care system [ARTICLE+ILLUSTRATION]

Bringing ʻohana into the foster-care system

Every year the Office of Hawaiian Affairs participates in the legislative process as we introduce, track and lobby bills that will have positive impact on our Hawaiian beneficiaries. Although a very vocal minority helped to sink our "ceded lands" bill that had been negotiated for more than four years, I am very happy that SB 2730 (eompanion HB 2707) relating to child protection has now become law. Statistics show that while Hawaiians represent only 20 percent of Hawai'i's population, nearly 60 percent of our keiki are in foster care. Initially called the T ūtū Intervention Bill, The Child Protection Act: Placement Preference establishes a preference for placement of ehildren needing child protective services. Chapter 587, Hawai'i Revised Statutes, will be amended by adding new sections that will ultimately benefit our keiki by allowing them to stay with their blood relatives and to grow up learning the culture of their homeland. This bill is not limited to blood relatives; and although not blood-related, hānai relatives will also have the opportunity to seek the opportunity to raise these keiki. Since many relatives are willing and able to provide a safe, nurturing and loving environment for children who have been harmed, SB 2730 requires the Department of Human Services to notify all family members within 30 days of a child's removal from their home and additionally provide an application within 15 days of an inquiry from a relative to be a foster placement. If an application to be a foster parent is submitted and denied, the department shall provide the applicant with the specific reasons for the denial and an explanation of the procedures for an administrative appeal. During the months leading up to the 2008 legislative session, I was

approached by several distraught grandmothers and aunties trying to get custody of their 'ohana keiki. For various reasons, family members were found unable to care for their own children; and, unbeknownst to their extended 'ohana, were placed for foster care and/or adoption by others. By the time the 'ohana became aware of the situation, there was nothing they could do to get guardianship or custody of the keiki. In one case, a grandmother had no recourse to help her in her quest to get custody of her only grandchild, who was adopted and moved to the mainland. As word spread that I was trying to help her, the calls to my office multiplied; my journey to amend the current law became my passion. While the initial intent was born to save a few of our Hawaiian keiki, I am happy the final bill helps all ehildren in Hawai'i. I could not have done this without the help from Jan Dill (Partners in Development), Amy Tsark (Department of Human Services), Jill Fukuda (Legal Aid), Senator Suzanne Chun Oakland, Representative Maile Shimabukuro, Jim MeMahon (OHA Legal Counsel), and David Rodriguez (OHA Government Relations staff). Mueh gratitude also goes out to all those who testified on the merits of this bill as well as those who helped in countless ways. Mahalo, mahalo, mahalo. I would also like to express my fondest aloha and gratitude to those families that called to seek OHA's help and who educated me along the way. Although this bill passed too late to help them, it was because of their love for their 'ohana keiki and their dedication felt in their na'au that all children in Hawai'i will have the ehanee to live with their own extended or hānai families should the home into whieh they were born start to crumble. E kolo ana no ke ēwe i ke ēwe. The rootlet will creep toward the rootlets. Of the same origin, kinfolk will seek anā love one another. — 'Ōlelo No 'eau 322 ^

ūz Stender TrustEE, At-lsrge