REPORT TITLE:
Child Protection


DESCRIPTION:
Protects children and youth from abuse and neglect. (HB274 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        274
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FAMILIES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that child abuse and
 
 2 neglect are a root cause of many serious social problems,
 
 3 including emotional and mental health problems, alcohol and drug
 
 4 abuse and addiction, delinquency, and crime.  Child abuse
 
 5 continues to escalate with fifteen thousand reports and over five
 
 6 thousand cases investigated annually in Hawaii.  The most severe
 
 7 cases continue to be among the youngest, most vulnerable
 
 8 children.
 
 9      During the interim following the regular session of 1998,
 
10 child protection legislative roundtable discussions were convened
 
11 to suggest statutory, guideline, rule, regulation, and other
 
12 changes to improve Hawaii's child protective system.
 
13 Legislators, the departments of human services, health, and the
 
14 attorney general, the judiciary, private nonprofit child and
 
15 family serving agencies, and concerned individuals communicated
 
16 and collaborated with one another, on behalf of abused and
 
17 neglected children and their families, to develop formal and
 
18 informal mechanisms for working together.
 

 
Page 2                                                     274
                                     H.B. NO.           H.D. 3
                                                        S.D. 2
                                                        C.D. 1
                                                        

 1      As a coordinated response to prevent and treat child abuse,
 
 2 the roundtable collectively suggested that the following
 
 3 provisions be added or strengthened:
 
 4      (1)  Mandated training for foster parents of licensed foster
 
 5           homes;
 
 6      (2)  Protective custody of a child without court order;
 
 7      (3)  Required reporting of child abuse and neglect; and
 
 8      (4)  A procedure governing the timely enrollment of foster
 
 9           children into an approporiate health insurance program.
 
10      The purpose of this Act is to improve Hawaii's child
 
11 protection system.
 
12      SECTION 2.  Chapter 587, Hawaii Revised Statutes, is amended
 
13 by adding a new section to part IX to be appropriately designated
 
14 and to read as follows:
 
15      "�587-    Medical and health case management.  The
 
16 department shall establish a procedure governing the timely
 
17 enrollment of foster children into an appropriate health
 
18 insurance program."
 
19      SECTION 3.  Section 346-17, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "�346-17  Child placing organizations, child caring
 
22 institutions, and foster boarding homes; authority over [and],
 
23 investigation of[.], and standards for.  (a)  No child placing
 
24 organization shall engage in the investigation, placement, and
 

 
Page 3                                                     274
                                     H.B. NO.           H.D. 3
                                                        S.D. 2
                                                        C.D. 1
                                                        

 1 supervision of minor children in foster care unless it meets
 
 2 [with] the standards of conditions, management, and competence
 
 3 set by the department of human services.
 
 4      (b)  No child caring institution shall [be allowed to]
 
 5 receive minor children for care and maintenance unless it meets
 
 6 [with] the standards of conditions, management, and competence to
 
 7 care for and train children set by the department.
 
 8      (c)  No foster boarding home shall receive for care and
 
 9 maintenance any child unless [it meets with]:
 
10      (1)  It meets with the standards of conditions, management,
 
11           and competence set by the department[.]; and
 
12      (2)  The foster boarding home applicant successfully
 
13           completes foster parent training; provided that after
 
14           July 1, 1999, new special licensed or relative foster
 
15           home care providers shall successfully complete foster
 
16           parent training within the first year following
 
17           placement of the first child into the new special
 
18           licensed or relative foster home.
 
19      (d)  The department shall [make] adopt rules pursuant to
 
20 chapter 91 relating to:
 
21      (1)  [standards] Standards for the organization and
 
22           administration of child placing organizations[,];
 

 
 
 
Page 4                                                     274
                                     H.B. NO.           H.D. 3
                                                        S.D. 2
                                                        C.D. 1
                                                        

 1      (2)  [standards] Standards of conditions, management, and
 
 2           competence for the care and training of minor children
 
 3           in child caring institutions and foster boarding homes
 
 4           [,]; and
 
 5      (3)  [standards] Standards of conditions and competence of
 
 6           operation of foster boarding homes as may be necessary
 
 7           to protect the welfare of children.
 
 8      (e)  All rules of the department shall have the force and
 
 9 effect of law, and any violation thereof or of this section shall
 
10 be punishable by a fine of not more than $200.
 
11      (f)  As a condition for a certificate of approval, any
 
12 organization, institution, or home shall meet the standards to
 
13 assure the reputable and responsible character of its operators
 
14 and employees by complying with the requirements of a criminal
 
15 history record check under section 346-19.6.
 
16      (g)  Upon approval of [any such] the organization,
 
17 institution, or home, the department or its authorized agents
 
18 shall issue a certificate of approval [which] that shall continue
 
19 in force for one year or for two years if the organization,
 
20 institution, or home meets the criteria established by the
 
21 department, unless sooner revoked for cause.  The certificate
 
22 shall be renewed by the department or its authorized agents,
 
23 after annual or biennial investigation, if the investigation
 

 
Page 5                                                     274
                                     H.B. NO.           H.D. 3
                                                        S.D. 2
                                                        C.D. 1
                                                        

 1 discloses that the organization, institution, or home continues
 
 2 to meet with the standards set by the department.  The
 
 3 certificate of approval shall be a permit to operate the child
 
 4 placing organization, child caring institution, or foster
 
 5 boarding home, and no person or organization shall operate or
 
 6 maintain [such] the organization, institution, or home without
 
 7 the certificate.
 
 8      (h)  Any child placing organization, child caring
 
 9 institution, or foster boarding home shall be subject to
 
10 investigation at any time and in [such] a manner, place, and form
 
11 as may be prescribed by the department or its authorized agents.
 
12      (i)  As used in this section, "foster parent training" means
 
13 training or instruction in special skills and knowledge to care
 
14 for foster children."
 
15      SECTION 4.  Section 350-1.1, Hawaii Revised Statutes, is
 
16 amended by amending subsection (a) to read as follows:
 
17      "(a)  Notwithstanding any other state law concerning
 
18 confidentiality to the contrary, the following persons who, in
 
19 their professional or official capacity, have reason to believe
 
20 that child abuse or neglect has occurred or that there exists a
 
21 substantial risk that child abuse or neglect may occur in the
 
22 reasonably foreseeable future, shall immediately report the
 
23 matter orally to the department [or] and to the police
 
24 department:
 

 
Page 6                                                     274
                                     H.B. NO.           H.D. 3
                                                        S.D. 2
                                                        C.D. 1
                                                        

 1      (1)  Any licensed or registered professional of the healing
 
 2           arts and any health-related occupation who examines,
 
 3           attends, treats, or provides other professional or
 
 4           specialized services, including[,] but not limited
 
 5           to[,] physicians, including physicians in training,
 
 6           psychologists, dentists, nurses, osteopathic physicians
 
 7           and surgeons, optometrists, chiropractors, podiatrists,
 
 8           pharmacists, and other health-related professionals;
 
 9      (2)  Employees or officers of any public or private school;
 
10      (3)  Employees or officers of any public or private agency
 
11           or institution, or other individuals, providing social,
 
12           medical, hospital, or mental health services, including
 
13           financial assistance;
 
14      (4)  Employees or officers of any law enforcement agency,
 
15           including[,] but not limited to[,] the courts, police
 
16           departments, correctional institutions, and parole or
 
17           probation offices;
 
18      (5)  Individual providers of child care, or employees or
 
19           officers of any licensed or registered child care
 
20           facility, foster home, or similar institution;
 
21      (6)  Medical examiners or coroners; and
 
22      (7)  Employees of any public or private agency providing
 
23           recreational or sports activities."
 

 
Page 7                                                     274
                                     H.B. NO.           H.D. 3
                                                        S.D. 2
                                                        C.D. 1
                                                        

 1      SECTION 5.  Section 350-2, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�350-2 Action on reporting.(a)  Upon receiving a report
 
 4 concerning child abuse or neglect, the department shall proceed
 
 5 pursuant to chapter 587 and the department's rules.
 
 6      (b)  The department shall inform the appropriate police
 
 7 department of all reports received by the department regarding a
 
 8 case of child abuse or neglect, including reports received under
 
 9 section 350-1.1; provided that the name of the person who
 
10 reported the case of child abuse or neglect shall be released to
 
11 the police department pursuant only to court order or the
 
12 person's consent.
 
13      [(b)] (c)  The department shall inform the appropriate
 
14 police department or office of the prosecuting attorney of the
 
15 relevant information concerning a case of child abuse or neglect
 
16 when [such] the information is required by the police department
 
17 or the office of the prosecuting attorney for the investigation
 
18 or prosecution of that case; provided that the name of the
 
19 [reporter,] person who [requested that the reporter's name be
 
20 confidential,] reported the case of child abuse or neglect shall
 
21 [only] be released to the police department or the office of the
 
22 prosecuting attorney pursuant only to court order[.] or the
 
23 person's consent.
 

 
Page 8                                                     274
                                     H.B. NO.           H.D. 3
                                                        S.D. 2
                                                        C.D. 1
                                                        

 1      [(c)] (d)  The department shall maintain a central registry
 
 2 of reported child abuse or neglect cases and shall promptly
 
 3 expunge the reports in cases if:
 
 4      (1)  The department has found the reports to be
 
 5           unsubstantiated; or
 
 6      (2)  The petition arising from the report has been dismissed
 
 7           by order of the family court after an adjudicatory
 
 8           hearing on the merits pursuant to chapter 587.
 
 9      For purposes of expungement under paragraph (1), a report is
 
10 unsubstantiated only when the department has found the
 
11 allegations to be frivolous or to have been made in bad faith.
 
12      However, the department may retain records and information
 
13 of alleged child abuse and neglect with respect to the child
 
14 [that] who is the subject of the alleged abuse.
 
15      The department shall adopt rules as may be necessary in
 
16 carrying out this section."
 
17      SECTION 6.  Section 587-22, Hawaii Revised Statutes, is
 
18 amended by amending subsection (a) to read as follows:
 
19      "(a)  A police officer shall assume protective custody of
 
20 the child without a court order and without the consent of the
 
21 child's family regardless of whether the child's family is
 
22 absent, if in the discretion of [such] the police officer, the
 

 
 
 
Page 9                                                     274
                                     H.B. NO.           H.D. 3
                                                        S.D. 2
                                                        C.D. 1
                                                        

 1 child is in such circumstance or condition that the child's
 
 2 continuing in the custody or care of the child's family presents
 
 3 a situation of imminent harm to the child.
 
 4      A police officer may assume protective custody of the child
 
 5 without a court order and without the consent of the child's
 
 6 family regardless of whether the child's family is absent, if in
 
 7 the discretion of the police officer:
 
 8      (1)  The child has no legal custodian who is willing and
 
 9           able to provide a safe family home for the child; or
 
10      (2)  There is evidence that the parent or legal guardian of
 
11           the child has subjected the child to harm or threatened
 
12           harm and that the parent or legal guardian is likely to
 
13           flee the jurisdiction of the court with the child."
 
14      SECTION 7.  If any provision of this Act, or the application
 
15 thereof to any person or circumstance is held invalid, the
 
16 invalidity does not affect other provisions or applications of
 
17 the Act which can be given effect without the invalid provision
 
18 or application, and to this end the provisions of this Act are
 
19 severable.
 
20      SECTION 8.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 9.  This Act shall take effect upon its approval.