Uphold Parental Rights Against Government Overreach | Support HB312

The Libertarian Party of Hawaii is proud to throw our full support behind House Bill 312 (HB312), a commonsense measure that strengthens due process and protects families from unwarranted government intrusion. This bill is a vital step toward ensuring that parents are informed of their rights during child welfare investigations.

HB312, titled "Relating to the Department of Human Services," requires the Department of Human Services (DHS) to provide written notice to a parent about their rights whenever the agency is investigating a child who is or may be subject to imminent harm.

This bill embodies our core principles like limited government, individual sovereignty, and the presumption of innocence. Parents have a fundamental right to raise their children without arbitrary interference from the state. Too often, child protective services investigations can escalate into traumatic experiences for families, sometimes leading to unnecessary separations or violations of privacy. Without clear, written notification of rights—such as the right to legal counsel, the right to remain silent, or the right to challenge allegations—these processes can feel like a one-sided power grab by bureaucrats. HB312 ensures transparency and accountability, empowering parents to make informed decisions and defend their families effectively.

HB312 would notify all parents, upon initial contact by DHS, to be notified: 

A. “The parent is not required to permit the department or a police officer to enter the residence of the parent;

B. The parent must be given the allegations prior to an interview;

C. The parent is not required to speak with the department at that time;

D.The parent has the right to record the interview; 

E. The parent is entitled to seek representation of an attorney and have an attorney present when the parent is questioned by the department;

F. Any statement made by the parent or any family member may be used against the parent in a hearing initiated pursuant to this chapter; 

G. Neither the department nor the police officer is an attorney, and neither may provide legal advice to the parent;

H. The parent is not required to sign any document presented by the department or a police officer, including but not limited to a release of claims or service agreement, and is entitled to have an attorney review any document before the parent agrees to sign; and

I. A failure of the parent to communicate with the department or a police officer may have serious consequences, which may include the filing of a petition under this chapter and the assumption of temporary foster custody of the child by the department; therefore, it is in the parent’s best interest to speak with the department or immediately seek the advice of a qualified attorney;”

It would also require that interviews conducted without parents present be recorded and documented.

We are in full support of the intent of this bill, with the recommendation that section I be reworded to exclude lthe language of "it is in the best interest", and "may result in assumption of temporary foster custody" to avoid giving legal advice, contradicting constitutional rights, or convoluting the matter with section C.

While these are rights parents have, not everyone understands this, especially in stressful or seemingly unpredictable situations. Libertarians believe that the government should only intervene when absolutely necessary with strict adherence to due process. By mandating written notices upon initial contact, HB312 reduces the risk of abuse in the system, prevents coercive tactics, and upholds the non-aggression principle. No one, especially not the state, should initiate force, fraud, or coercion against peaceful individuals and families. Libertarians always uphold parental rights.

We commend the sponsors for championing this bill and urge all legislators to advance it through committee and to a floor vote. 

Help Us Uphold Parental Rights:

Take action by following the steps:

• Click on the hyperlink to familiarize yourself with the bill text:HB312

• Speak out against these movements. 

• Maps of districts and representative contact information can be found here.  

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