Legal Services

Legal Advocacy, Outreach, and Referral Services to Protect the Rights of Children and Their Families  (LBR 903-12)

The Department of Human Services (DHS) is the single state agency responsible for administering the Temporary Assistance to Needy Families (TANF) program in Hawaii in accordance with Title IV-A of the Social Security Act as amended by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996.  Within the DHS organizational structure, the Benefit, Employment and Support Services Division is responsible for overseeing and responding to all issues and questions regarding TANF.

Also within the purview of DHS, the Social Services Division - Child Welfare Services Branch, is responsible for providing social and case management services to children and their biological, extended, foster, or adoptive families to ensure safe, nurturing, and permanent families for Hawaii’s children.  Public Law 104-193, "PRWORA of 1996," as revised by Public Law 105-33, "The Balanced Budget Act of 1997," authorizes these programs and services to children and their families whose incomes are less than 200% of the Federal Poverty Guidelines applicable to the size of the family.

OCS, in cooperation with DHS, is requesting proposals from qualified applicants to provide legal advocacy services for Temporary Assistance to Needy Families and Temporary Assistance to Other Needy Families (TAONF) program recipients who have or are currently experiencing issues of family dysfunction, preservation, maintenance, formation, or legal actions designed to protect the safety of the child(ren).  Public Law 104-193, “PRWORA of 1996” and 45 CFR 260.50 through 260.59 authorize the provision of such services to TANF clients.  TAONF recipients, as defined in the Hawaii Administrative Rules Section 356.1, are entitled to the same services as TANF recipients.

Without government provision, the poor would be unable to afford the high cost of legal advice and representation necessary to protect the rights of their children to be housed, educated, supported, and live free from violence, abuse and neglect.

DHS workers, in response to federal and state child welfare changes, have been overwhelmed with heavy caseloads, decreasing resources, and insufficient staffing.  The amount and types of services presently available internally, as well as in the community, are not sufficient to meet the multiple needs of our clients.  Because of the heavy caseload, DHS is not able to provide services for every family reported for alleged child abuse or neglect.  Families who have not yet been verified eligible to receive child welfare services are not able to adequately access appropriate service activities through community resources.  Currently, efforts are being made to develop and utilize departmental and community resources in more effective and efficient ways through purchase of service contracts, revised procedures and internal reorganization efforts.

It is well documented within DHS records that reports of child abuse and neglect have progressively gone up from 972 cases in FY 1970 to 4984 in FY 1995 to a high of 7,835 in FY 2003.  This represents an increase of 57.2% over the past eight years.  It is also asserted that a high percentage of these families (perhaps as many as 60%) are also TANF/TAONF recipients.  In FY 2004, the last year that child abuse and neglect data is available, the number of reports declined to 6,823.

In supporting DHS’ mandate to protect children who have been harmed or threatened with harm by their families, OCS is procuring support services to divert eligible children and their families/caregivers from Child Welfare Services.  Provision of a comprehensive service array will provide the following benefits to children who have been or are at risk of being abused or neglected by their families.  Services include, but are not limited to, dispute resolution of child legal issues, outreach, screening, intake, referral, legal advice, advocacy, and representation.

These services will be provided to children and their families/caregivers that are eligible and qualify for DHS’ TANF and TAONF programs.  Also eligible are children residing with their families/caregivers who have or are currently experiencing any family dysfunction whose resolution will support and promote family re-unification, safety (especially the children); and overall self-sufficiency.

The legal service provider/advocate will review and determine if the children and their families/caregivers in need of service face specific issues that if not addressed threaten to damage or tear apart a two parent family, compromises the safety of the child(ren), or otherwise requires access to the judicial system to stabilize the family environment in the best interests of the children.

Legal advocates can be instrumental in helping children and their families/caregivers to receive services that will support, protect, or maintain the family.  Numerous cases exist where children have been abandoned by their natural parents and left with grandparents or other blood relatives.  In these cases, guardianship or other actions may be appropriate to preserve the safety of the child.

The primary program goal is to provide legal advocacy services to TANF and TAONF recipients who are presently confronting family functioning related issues that enable them to overcome barriers and thereby improve the family situation.  As a result of these advocacy services, ultimately the family will be able to more effectively pursue economic self-sufficiency.  Service activities shall be based on the principles of family-centered, strengths/needs-based practice.