Effort to reform Child Welfare Services gains momentum

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Kelsey Walling/Tribune-Herald Moanike'ala Katherine Tua'au Muna holds a sign protesting Hawaii's Child Welfare Services before the Malama Ohana Working Group community meeting in Keaukaha on May 31.
Hawaii County mayoral candidate Seaula Tupai, right, and other activists wave signs protesting Hawaii's child welfare services on May 31 before the Malama Ohana Working Group community meeting in Keaukaha. (Kelsey Walling/Tribune-Herald)
Kelsey Walling/Tribune-Herald Shana Kukila holds a photo of herself and her son while speaking about her experience with the state's child welfare system during a Malama Ohana Working Group community meeting May 31 at Keaukaha Elementary School. Kukila has been unable to gain custody of her adult, autistic son who is nonverbal and on Oahu.
During a Malama Ohana Working Group community meeting May 31 at Keaukaha Elementary School, Helen Tak gets emotional while speaking about her experience with the state's child welfare system. (Kelsey Walling/Tribune-Herald)
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Concerned community members have banded together to reform Hawaii’s child welfare system to better serve the most vulnerable families and children.

Criticism about Child Welfare Services reached a crescendo after the death of 6-year old Ariel Sellers, who disappeared from the Waimanalo, Oahu, home of her adoptive parents in August 2021.

The body of Sellers was never found, and she was officially declared dead by a probate court in 2022. Her adoptive parents, Isaac and Lehua Kalua, have been charged with second-degree murder.

In response to the tragedy, the state Legislature passed Senate Bill 295, which established the Malama Ohana Working Group within the Office of Wellness and Resilience to propose changes to the existing child welfare system.

Gov. Josh Green signed the bill into law last year, and the 17 members of the Malama Ohana Working Group began working to create recommendations based on feedback from families that have had experience with CWS.

MOWG members traveled to Hawaii Island on May 31, and at Keaukaha Elementary School they hosted their second public listening session, which was preceded by a sign-waving event by residents already advocating to reform CWS.

“Many of the parents and families in this community have been harmed by the system, and their voices will be heard,” said Shana Kukila with Hawaii Coalition for Child Welfare Reform. “We came out here to show support for this meeting and hopefully get more people to join and give their input.”

In 2021, CWS received 5,280 child abuse and neglect reports, with 759 families accepted for investigation and 1,331 children confirmed as victims of at least one kind of abuse.

In the same year, there were 2,566 children in foster care, with an average of 1,555 in care each month. Of those children in care, 44.6% were Hawaiian or part-Hawaiian.

“When we look at the systems that operate today, we see they have been the same since the overthrow and colonization of our people. And then, unfortunately, with the death of Ariel in Waimanalo, we have realized we have to do something different,” said Venus Rosete-Medeiros, co-chair for MOWG and executive director of Hale Kipa. “We don’t want to call out individuals, but the systems that keep not just Kanaka Maoli but all of our families in Hawaii oppressed.”

Through her experience as a foster child in Hawaii, MOWG member Melissa Mayo said the best way to help young people in the system is to provide equal opportunities for resources and aid.

“From the stories I have heard, I believe that we are operating in a system of luck. There aren’t enough resources or staff available for families and our young people,” Mayo said. “I was fortunate to have had a social worker who really heard my needs and voice, and there are so many that don’t have that.”

While Mayo greatly benefited from a social worker while in foster care, a friend of hers did not have the same support. After aging out of the system, she committed suicide.

“It’s for people like her and her family that I hope every young person can have an equal opportunity to reunify, or to thrive and live as individuals,” Mayo said.

When they did not have any biological family able to care for them, Helen Tak worked to gain custody of her hanai niece and nephew, but was denied by CWS because she was not related to them by blood.

Tak took matters into her own hands and utilized resources through EPIC Ohana and Catholic Charities to apply, train and become certified as an emergency foster caregiver. CWS subsequently dropped the case, and she became a foster parent for the two keiki.

“(CWS) gave me no support and wanted to take the children away because we are not related by blood. I battled with them over custody until I was able to get my emergency license,” Tak said. “I have spent so much time with these kids, and this was not right to me. If I can help and provide a safe space for the children, I’m going to fight to do that.”

Tak became emotional describing her experience with CWS, but she expressed gratitude for EPIC Ohana and Catholic Charities as they helped her navigate through the struggle.

With their support, Tak will renew her foster license each year and will work to obtain legal guardianship over the kids.

“This is a broken system, and every day I’m fighting against it. I will keep fighting because I know it’s right,” Tak said.

Joshua Franklin, a father and advocate, started the Hawaii Family Advocacy Group to assist families trying to understand and comply with CWS and often works as an authorized representative for parents and guardians.

According to Franklin, this work has shown him that some families are denied access to information and visitation to their children, and some children in abusive or neglectful situations are denied help.

“There are oppressive systematic things happening in Hawaii, but there are also numerous issues with service providers and workers in the child welfare system,” Franklin said. “I hope to see transparency, accountability and fearlessness when it comes to taking care of our keiki. (CWS) needs to be able to take criticism.”

To prevent families from entering the child welfare system, one of the most popular recommendations is that foster care should be the last resort and should only be utilized when there is documented evidence of abuse meeting the criteria set in the Child Protective Act and only if there is no qualified family to care for a child.

Senate Bill 2245 includes amendments requiring CWS to provide families with more information, maintain familial relationships if possible, and give keiki a voice in the process.

MOWG will have one more listening session on the Big Island with a meeting on the west side at the Kona International Marketplace from 5:30 p.m. to 8 p.m. on Tuesday, June 18.

The final meeting will be statewide and available to attend virtually from 6 p.m. to 8 p.m. on Tuesday, July 2.

MOWG will then have a few more meetings to finalize the list of formal recommendations, which will be submitted to the Legislature prior to the 2025 legislative session.

Those interested in submitting written testimony or attending meetings with Malama Ohana Working Group can visit malamaohana.net.

Email Kelsey Walling at kwalling@hawaiitribune-herald.com.