Hawaii bill shields child welfare groups from jury trials
Relating To Liability. · Engrossed as of 2026-03-10
Bad for everyday people — on our 1–10 scale, 1 hurts and 10 helps.
What it does
If a state-hired child welfare group harms your child, this bill takes away your right to a jury trial and blocks extra money for extreme wrongdoing.
What it means for you
This bill bails out child welfare groups and their insurance companies by taking away the rights of harmed children. If a foster care group makes a terrible mistake, the family would not get a jury trial. They also could not get punitive damages, which are meant to punish the worst behavior. The state wants to keep these groups running by lowering their insurance costs, but it is doing so by making sure abused or neglected kids cannot get full justice in court. Now is the time to speak up before this passes.
Who it's for
Child welfare nonprofits and insurers
Why it scores 2/10 — the receipts
- Accountability (hurts) — Shields state-contracted nonprofits from punitive damages and full liability when they harm children.. Prohibits punitive damages and removes joint and several liability for nonprofit child welfare service organizations.
- Rights & Protections (hurts) — Removes the fundamental right to a jury trial for victims.. Requires actions against these organizations to be tried by the court without a jury, unless all parties consent.
- Who Bears the Cost (hurts) — Shifts the financial burden of uncompensated harm onto the victims and their families.. Prohibits pre- and post-judgment interest and limits liability to the organization's specific percentage of fault.
- Process Transparency (neutral) — The bill does not significantly impact public transparency.. No major transparency provisions.
- Funding Tilt (neutral) — No direct public funding is appropriated or shifted in this bill.. Focuses on liability rules and state contract terms, not direct appropriations.
Follow the money
Pushing for it: Child welfare nonprofits and their insurers
Bearing the cost: Harmed children and their families
How they voted
Senate · 2026-03-24 — passed
Yes 1R/4D · No 0R/0D