Family Court of the First Circuit -THE JUDICIARY - STATE OF HAWAI'l

POST OFFICE BOX 3498- • HONOLULU, HAWAI'I 96811-3498

MEMORANDUM

To: FAMILY LAW PRACTITIONERS

MARK J. BENNETT, ESQ., Attorney Genera!
DR. CHiYOME FUKiNO, Director of Health
MS. LILLIAN KOLLER, Director, Department of Human Services

From: THE SENIOR FAMILY COURT JUDGES

DANCES Q. F.'WONG/T O
Deputy Chief Judge/Senior Jladge Chief Judge/Senior Judge
First Judicial Circuit Second Judicial Circuit

GRE0NAKAMURA
Depfc% Chief Judge/Senior Judge Chief Judge/Senior Judge
Third Judicial Circuit Fifth Judicial Circuit

Date: June 14, 2004

Re: Marshaiiese Adoptions

The Judges of the Family Courts in the State of Hawaii have been extremely
concerned with the many reports from the Republic of the Marsha!! islands (RMI)
regarding adoption practices. . .

Effective immediately and effective statewide, the foiiowing procedures will apply
to all adoptions invoiving birth parents from the RM! no matter who initiates the petition:

1) The birth mothers must appear in a separate proceeding before the judge
presiding over the adoption petition, prior to the final adoption hearing.

2} Unless the birth mother's primary language is English, an interpreter,

found to be qualified by the presiding judge, must be present with the birth mother at
this separate proceeding,

EX.
Famiiy Law Practitioners
June 14, 2004
Page two

3} The Court will engage in a colloquy with the birth mother to ensure her
understanding of her consent and/or waiver, the consequences of the consent and/or
waiver, and the usual "Western" practice of adoption (e.g., no reasonable or usual
expectation of regular continuing contact between the birth family and the prospective
adoptive family).

4) Consents and/or waivers signed by birth parents must be in the birth

parents' primary language and must be accompanied by a translated English version
and a certificate by the translator.

5) If the birth parents did not receive counseling and/or assistance through
the Rlvll's new Central Adoption Authority that began operating on October 1, 2003, the
Petitioners1 counsel must explain why. if the birth parents received such assistance, the
Court will require an official RMi certificate or memorandum of this fact

6) As with all other cases, the Interstate Compact on the Placement of

Children (ICPC), HRS Chapter 35QE, will be strictly adhered to by the court. We expect
all practitioners to also strictly comply with the ICPC. Practitioners who fail to do so will
be referred to the Office of the Disciplinary Counsel

Thank you for your cooperation.

JU.-1S-S810 ll!36 FrmasSr Judse Faaii la CRT 953S8B5 To:S5394188 Paaesa'S

family Court of the First Circuit -THE JUDICIARY • STATE OF HAWAi'i

POST OFFICE BOX 3493 • HONOLULU, HAWAII 96SH'3498

January 22,2007

MEMORANDUM;

To; FAMILY LAW PRACTITIONERS

MARK J. BENNETT, ESQ., Attorney General
DR. CHIYOME FUKINO, Director, Department of Health
MS. LILLIAN ROLLER, Director, Department of Human Services

Prom: ' THE SENIOR FAMILY COURT JUDGES

Ff&NCESQ. F,WONG
Deputy Chief Judge/Senior J
First circuit.

GREONAKAMURA KATHLEEN N. A. WATANABE

D«p«tfChief Judge/Senior Judge Intetoi Chief Judge
Third Circuit Fifth Circuit

Re: Marshatless Adoptions

The Family Courts, in response to national and local concerns regarding possible
abuses in adoptions of Marshalfese babies, issued a memorandum entitled "Marshaiiese
Adoptions," dated June 14, 2004. This present Memorandum addresses changes
subsequent fo the June 14,2004 Memorandum as well as the courts* experiences wifh cases
in which the birth mother is flown into this state to give birth and petitioners from other ststes
fly into this state merely to pick-up the baby and then depart.

This Memorandum takes effect on March 1,2007, and will apply to all adoptions filed
on that date and thereafter involving birth parents from the Republic of Marshall islands ("the
RMI") no matter who initiates the petition. The June 14, 2004 Memorandum will remain in
effect for all such adoptions filed prior to March 1,2007

.-5
 11:37 FromSSr Judue Family CRT 9548B55 To:9539410S

No adoption petition, filed on March 1,2007 and thereafter, wili be granted unless the
birth parents have undergone counseling through the RMl's Central Adoption Authority
("CM"} or its delegate {at this time, the only delegate we are aware of is Journeys of the
Heart Adoption Services, "JQH") and no such adoptions will be granted unless the petitioners
have fully complied with the procedures set forth by the CAA or its delegate, absent
extraordinary circumstances (with approval granted by the court after hearing and
determination of such circumstances).
Petitioners are responsible to establish the conditions required of them by the CAA
and to prove that they complied in a timely and satisfactory manner.
As with ail other adoption cases, absent a valid written consent, ali natural, unknown
natural, and/or legal fathers shall be served. Service by publication must conform to Rule
4(e) of the Hawaii Family Court Rules and HRS § 575-7(2). In addition, in these RMl cases,
service must be made by publication in a newspaper published in the region in which Father
resides and proof of such service shall be filed.
As with cases involving the transportation of a child from one state to another for
purposes of adoption by someone other than an adult relative, stepparent, or legal guardian,
the Interstate Compact on the Placement of Children ("ICPC"), Chapter 3SOE of the Hawaii
Revised Statutes, shaS be strictly adhered to by the Court. We expect all attorneys to also
strictly comply with the iCPC.
If the petitioners or their delegates/agents provide interpreter or translator services,
such language experts must be expert in the birth parents' dialect of their primary language.
The petitioners have the burden of proving this expertise. All notices, waivers, consents, and
other required documents directed to or signed by birth parents from the RMl must be in the
dialect of said parents' primary language.
At this time, we have been informed that Journeys of the Heart Adoption Services
("JOH") is the only agency authorized by the RMi to handle adoptions of Marshaiiese
children. Petitioner^} may e-mail Susan Tompfens, Executive Director of JOH at
<susan@journeysoftheheart.net> for further information. Journeys of the Heart Adoption
Services address and phone numbers are:
P, O. Box 39 (1005 NE Cornell Rd.)
Hiilsboro, Oregon, 97123
(Telephone No.: (503) 681-3073}
(Fax No,: (503)640-6834)

Thank you for your cooperation.

cc Central Adoption Authority of the Republic of Marshall Islands

Journeys of the Heart Adoption Services
 fwS
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IN THF SUPREME COURT OF THE STATE OF HAWAl'l

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IN THE MATTER OF STATEWIDE COURT ADMINISTRATIVE ORD!

MEMORANDA

ORDER RESCINDING STATEWIDE COURT ADMINISTRATIVE ORDERS AND

MEMORANDA

It appears that previously approved statewide court

administrative orders or memoranda include requirements that are

more appropriate for court rules than for administrative orders

and memoranda and that revised administrative orders and

memoranda have not been submitted for my review, as instructed by

my May 24, 2007 memorandum to the Chief Judges. Therefore,

IT IS HEREBY ORDERED, pursuant to Article VI, § 6 of

the Hawai'i Constitution and effective immediately upon filing of

this order, that all previously approved statewide circuit,

family, and district court administrative orders or memoranda are

hereby rescinded.

• IT' IS FURTHER ORDERED that the Administrative Director

shall cause any such administrative orders or memoranda published

on the Judiciary's web page{s) to be removed therefrom and shall

not permit posting of any administrative order or memorandum

unless approved by the Chief Justice.

DATED: Honolulu, Hawai'i, June 9, 2010.

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