REPORT TITLE:
CPS 


DESCRIPTION:
Requires the department of human services to make provider lists
available to foster parents.  Authorizes the family court judge
to approve involuntary hospitalizations or institutional care of
foster children.  Extends statute of limitations periods of tort
claims against the State in certain cases of legal disability.
Makes it a criminal offense to intentionally or knowingly cause
bodily injury to a person working on behalf of Child Protective
Services.  Appropriates $800,000 for two neighborhood place pilot
projects under the blueprint for change program.  Appropriates
funds for substance abuse treatment for abusing members of the
child's family who are or have been substance abusers.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           152
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CHILD PROTECTION.



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

 1      SECTION 1.  Chapter 587, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to read as follows:
 
 3      "§587-     Approved and qualified health care professionals.
 
 4 Upon placement of a foster child, the department shall provide to
 
 5 all foster parents a list of approved and qualified health care
 
 6 professionals who:
 
 7      (1)  Are certified to accept the child's medical care plan;
 
 8           and
 
 9      (2)  Can provide services for the child, including any
 
10           special needs services."
 
11      SECTION 2.  Section 334-60.1, Hawaii Revised Statutes, is
 
12 amended by amending subsection (b) to read as follows:
 
13      "(b)  A facility may admit for evaluation, diagnosis, or
 
14 treatment any individual under fifteen years of age for whom
 
15 application is made by the individual's parent or guardian.  If
 
16 application for admission is countersigned by a minor aged
 
17 fifteen through seventeen years before a family court officer, no
 
18 hearing shall be necessary.  If the minor elects not to sign,
 
19 involuntary hospitalization proceedings shall be initiated.
 

 
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 1      In the case of foster children, a facility may admit for
 
 2 evaluation, diagnosis, or treatment any individual under the age
 
 3 of majority for whom:
 
 4      (1)  Application is made by the individual's parent or
 
 5           guardian; and
 
 6      (2)  Is approved by a family court judge.
 
 7 Recommendations by treating physicians, social workers, or
 
 8 guardian ad litems shall be reviewed by a family court judge who
 
 9 may approve involuntary hospitalization or institutional care."
 
10      SECTION 3.  Section 350-2, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§350-2 Action on reporting.(a)  Upon receiving a report
 
13 concerning child abuse or neglect, the department shall proceed
 
14 pursuant to chapter 587 and the department's rules.
 
15      (b)  The department shall inform the appropriate police
 
16 department or office of the prosecuting attorney of the relevant
 
17 information concerning a case of child abuse or neglect when such
 
18 information is required by the police department or the office of
 
19 the prosecuting attorney for the investigation or prosecution of
 
20 that case; provided that the name of a reporter, who requested
 
21 that the reporter's name be confidential, shall only be released
 
22 to a police department or an office of the prosecuting attorney
 

 
 
 
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 1 pursuant to court order.
 
 2      (c)  The department shall maintain a central registry of
 
 3 reported child abuse or neglect cases and shall promptly expunge
 
 4 the reports in cases if:
 
 5      (1)  The department has found the reports to be
 
 6           unsubstantiated; or
 
 7      (2)  The petition arising from the report has been dismissed
 
 8           by order of the family court after an adjudicatory
 
 9           hearing on the merits pursuant to chapter 587.
 
10      For purposes of expungement under paragraph (1), a report is
 
11 unsubstantiated only when the department has found the
 
12 allegations to be frivolous or to have been made in bad faith.
 
13      However, the department may retain records and information
 
14 of alleged child abuse and neglect with respect to the child that
 
15 is the subject of the alleged abuse.
 
16      The department shall adopt rules as may be necessary in
 
17 carrying out this section.
 
18      (d)  All mandated reports of abuse that are investigated and
 
19 found to be unsubstantiated, as specified in the department
 
20 rules, shall be retained for a minimum of two years."
 
21      SECTION 4.  Section 662-4, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 

 
 
 
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 1      "§662-4 Statute of limitations.  A tort claim against the
 
 2 State shall be forever barred unless action is begun within two
 
 3 years after the claim accrues[, except in the case of a medical
 
 4 tort claim when the limitation of action provisions set forth in
 
 5 section 657-7.3 shall apply.]; provided that the claims of
 
 6 persons under legal disability shall not be barred if the action
 
 7 is commenced within one year after disability is ceased."
 
 8      SECTION 5.  Section 707-711, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (1) to read as follows:
 
10      "(1)  A person commits the offense of assault in the second
 
11 degree if:
 
12      (a)  The person intentionally or knowingly causes
 
13           substantial bodily injury to another;
 
14      (b)  The person recklessly causes serious bodily injury to
 
15           another person;
 
16      (c)  The person intentionally or knowingly causes bodily
 
17           injury to a correctional worker, as defined in section
 
18           710-1031(2), who is engaged in the performance of duty
 
19           or who is within a correctional facility;
 
20      (d)  The person intentionally or knowingly causes bodily
 
21           injury to another person with a dangerous instrument;
 
22           [or]
 

 
 
 
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 1      (e)  The person intentionally or knowingly causes bodily
 
 2           injury to an educational worker who is engaged in the
 
 3           performance of duty or who is within an educational
 
 4           facility.  For the purposes of this section,
 
 5           "educational worker" means any administrator,
 
 6           specialist, counselor, teacher, or employee of the
 
 7           department of education, or a person who is a volunteer
 
 8           in a school program, activity, or function that is
 
 9           established, sanctioned, or approved by the department
 
10           of education or a person hired by the department of
 
11           education on a contractual basis and engaged in
 
12           carrying out an educational function[.]; or
 
13      (f)  The person intentionally or knowingly causes bodily
 
14           injury to any person who is engaged in the performance
 
15           of duty pursuant to chapter 587."
 
16      SECTION 6.  There is appropriated out of the general
 
17 revenues of the State of Hawaii the sum of $800,000 or so much
 
18 thereof as may be necessary for fiscal year 1999-2000 for two
 
19 neighborhood place pilot projects under the blueprint for change
 
20 program for child protective services; provided that $400,000
 
21 shall be appropriated for each neighborhood place pilot project.
 
22      SECTION 7.  There is appropriated out of the general
 

 
 
 
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 1 revenues of the State of Hawaii the sum of $        or so much
 
 2 thereof as may be necessary for fiscal year 1999-2000 for
 
 3 substance abuse treatment for abusing members of the child's
 
 4 family who are or have been substance abusers.
 
 5      SECTION 8.  The sums appropriated shall be expended by the
 
 6 department of human services for the purposes of this Act.
 
 7      SECTION 9.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 10.  This Act shall take effect upon its approval,
 
10 except sections 7 and 8 shall take effect on July 1, 1999.
 
11 
 
12                           INTRODUCED BY:  _______________________