The National Center for Youth Law has worked closely with current and former foster youth in Hawai’i, as well as local advocates and service providers, to develop and advance HB900, a bill that advances the right to legal counsel for youth in the Hawai'i foster system.

The bill was introduced Jan. 15 by Representatives Lisa Marten, Terez Amato, Della Au Belatti, Tina Nakada Grandinetti, Kim Coco Iwamoto, Kirstin Kahaloa, Jeanne Kapela, Darius Kila, Rachele Lamasoa, Scot Matayoshi, Tyson Miyake, Ikaika Olds, Amy Perruso, Mahina Poepoe, Sean Quinlan, Kanani Souza, Gregg Takayama, and Adrian Tam. 

Currently, youth in Hawai’i do not have a comprehensive right to counsel in child welfare cases — cases in which life-changing and often irreversible legal decisions are made about a young person’s family, life, and future. Ensuring that everyone, including children, has access to quality legal representation in court cases is critical to safeguarding integrity, dignity, and justice. Under current state law, youth in Hawai’i can be removed from their families, communities, and homes; separated and alienated from siblings; placed in state custody; prevented from attending extracurricular activities; forced to change schools; permanently legally severed from their parents; and more, all without a lawyer or an advocate who is required to advocate for what the youth wants. 

Advancing effective, culturally-responsive, and well-trained legal representation to youth in child welfare cases is an essential step to ensuring youth voices are heard and that their rights are upheld. As one Hawai’i foster youth said: “How can you make decisions that change our lives forever without ever even hearing from us?” 

Current and former foster youth in Hawai'i share they were left in the dark about their cases; experienced harm in foster care but feared retaliation if they sought help; and had vital decisions made about their lives without their knowledge or input. Access to lawyers helps ensure that every youth in Hawai'i child welfare has access to the resources and support they need — not just to survive, but to thrive.

The importance of youth representation in child welfare cases is backed up by research. Access to counsel makes a world of difference: children represented by specifically trained legal counsel are 40% more likely to leave the foster system within their first six months and experience a 45% higher reunification rate with their biological parents. They also experience a 30% reduction in the rate of placement moves, and 65% reduction in the rate of unnecessary school moves. 

This legislation is a critical step toward ensuring the futures of Hawai’i youth are not left to chance.