It’s no secret that children in Hawaii foster care can experience truly terrible outcomes. When children are placed in foster care, they are often separated from their parents, siblings and extended family — but also from their friends, neighbors, teachers, coaches, faith community and more. Disconnecting children from these natural advocates and supports is not only traumatic, it also puts the child in an extraordinarily vulnerable position.
In my work, I engage closely with current and former foster youth throughout the state. In these meetings — facilitated in part through the Malama ʻOhana Working Group — youth often discuss the harms they experienced during their time in state custody.
There is a theme across these stories: Although these youth were purportedly placed in foster care for their well-being, they were silenced and disregarded in decisions the state made about their lives, families, and futures. As one youth put it: “The message I got was that my voice didn’t matter.”
A recent bill in the state Legislature sought to address these harms. House Bill 900, which died last month, aimed to advance a proven support: client-directed legal counsel for youth in child welfare court cases. The bill would have established a working group — with robust representation from foster youth — to design and pilot legal representation for Hawaii foster youth. The bill received broad support from the Judiciary, the Department of Human Services, service providers, current and former foster youth, and fierce community advocates.
HB 900 died because of concerns that federal budget cuts will severely limit the state’s funding for human services. Even if it had passed, there would be challenges — few lawyers in Hawaii practice child welfare law, and those who do will tell you it is sensitive, difficult work and compensation is low compared to other practice areas. Despite these concerns, the mission of HB 900 remains as critical as ever.
Children in foster care have constitutional rights, including the right to safety, family unity, and a stable home. Hawaii has gone further: in 2018, in response to advocacy by current and former foster youth at the HI H.O.P.E.S. Initiative, Hawaii passed the Foster Youth Bill of Rights. These rights — which include the right to live in a foster home free from abuse; to regular visits with siblings and parents that cannot be withheld as punishment; to food, shelter, and clothing; to exercise their own religious beliefs; and to participate in extracurricular activities — were established in recognition of overwhelming evidence that youth in Hawaii foster care often experience terrible harm while in state custody.
Despite this, Hawaii law does not provide youth with a lawyer who has the responsibility and authority to argue for the child’s position in court.
This type of representation is incredibly effective: children represented by specially trained legal counsel are 40% more likely to leave the foster care system within their first six months, 45% more likely to return home to their families, and experience a 65% reduction in unnecessary school moves. In other words, when children have a lawyer, they are much more likely to get what they need to thrive: stability, family and community.
Hawaii foster youth have told us what they need to be safe. They need an advocate to stand alongside them and protect their rights in complex and life-changing court proceedings — proceedings about their life, family and future.
HB 900 represented an important step toward a future where every youth in Hawaii is safe and empowered. Even though it won’t be advancing this year, we must continue to uplift and listen to the voices of foster youth.
Dana Matsunami is a Skadden Legal Fellow with the child welfare team at the National Center for Youth Law; her fellowship project focuses on advocating for youth impacted by Hawaii’s child welfare system.
