House defers bill that honors faith of foster child's family

Advertiser Staff and News Services

A state House bill that would require foster families to respect and maintain the religion of a child's birth parents has been deferred until Tuesday.

Under the bill, which was heard Wednesday and then deferred yesterday by the House Human Services and Housing Committee, the state Department of Human Services would be responsible for making sure that foster-care providers comply with the law.

"We've been reacting to public outcry on religious practices and we thought it was worthy to bring it to a public forum," committee Chairman Michael Kahikina, D-44th (Nanakuli, Honokai Hale), said Wednesday, adding that he was awaiting research on the issue from the bill's advocates.

Yesterday, Kahikina said that it was being deferred until a panel of experts could be assembled to consider the matter more fully.

"There is a constitutional right to worship," he added.

Under the bill, foster-care providers would be required to honor the instructions from a foster child's family with regard to the child receiving religious instruction, attending services and participating in religious activities.

The law also would allow the child to worship with his or her family independent of any visitation schedule, as long as there is no identifiable risk to the child.

Though it took no position on the bill, the state judiciary said Wednesday it was concerned that the measure doesn't consider all other complex factors that must be made with respect to a child's well-being.

"Even with the best intentions of all parties, limited resources will dictate whether an activity can take place," 1st District Family Court Judge Kenneth E. Enright said in testimony on behalf of the judiciary.

The Hawaii Foster Parent Association said many problems could be avoided if better attention was paid to religion when placing a child in foster care.

As of Sept. 30, 1,168 foster homes were those of relatives or other people known to the child, compared with 679 general license, or "stranger" homes, according to the association.

"Thus, the majority of children are being placed with relatives, whom one might assume are of a similar religious heritage as the child," association Executive Director Sarah Casken said in written testimony.

Human Services Director Lillian Koller said her department supports the measure as long as it does not adversely affect the state budget.