Report Title:
Child Protection; Evidence; Notification; Reports; Interview
Description:
Requires written findings of clear and convincing evidence to support a conclusion by the court that a permanent plan is warranted in child protective hearings. Requires notification to legal custodian if a child is taken into protective custody. Requires a report to the court if a permanent plan hearing is not held within six months of the initial petition. Requires an interview with the child's family in preparation of a report to the court. (SB2149 HD1)
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THE SENATE |
S.B. NO. |
2149 |
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TWENTY-FIRST LEGISLATURE, 2002 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
relating to child protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 587-24, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Upon assuming temporary foster custody of a child under this chapter, the department promptly shall make every reasonable effort to inform a legal custodian of the child of the actions taken concerning the child; provided that the department may withhold such information, except for notification that action has been taken, from the child's family concerning the child as, in its discretion, is deemed to be in the best interests of the child."
SECTION 2. Section 587-40, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The department or other appropriate authorized agency shall make every reasonable effort to submit written reports, or a written explanation regarding why a report is not being submitted timely, to the court with copies to the parties or their counsel or guardian ad litem:
(1) Within forty-eight hours, excluding Saturdays, Sundays, and holidays, subsequent to the hour of the filing of a petition for temporary foster custody pursuant to section 587-21(b)(3);
(2) Upon the date of the filing of a petition pursuant to section 587-21(b)(4); [and]
(3) Upon the expiration of six months from the filing of a petition for temporary foster custody pursuant to section 587-21(b)(3) or from the date of the filing of a petition pursuant to section 587-21(b)(4), if no disposition, review, permanent plan, or permanent plan review hearing has occurred; and
[(3)] (4) At least fifteen days prior to the date set for each disposition, review, permanent plan, and permanent plan review hearing, until jurisdiction is terminated, unless a different period of time is ordered by the court or the court orders that no report is required for a specific hearing; or
[(4)] (5) Prior to or upon the date of a hearing if the report is supplemental to a report that was submitted pursuant to paragraph (1), (2), [or] (3)[.], or (4).
(b) Report or reports pursuant to subsection (a) specifically shall:
(1) Assess fully all relevant prior and current information concerning each of the safe family home guidelines, as set forth in section 587-25, except for a report required for an uncontested review hearing or a permanent plan review hearing that need only assess relevant current information including, for a review hearing, the degree of the family's progress with services; the assessment of current information shall include information from at least one recent interview with the child's family, or if an interview is not conducted, the assessment shall indicate the reasonable attempts to conduct an interview;
(2) In each proceeding, subsequent to adjudication, recommend as to whether the court should order:
(A) A service plan as set forth in section 587-26 or revision to the existing service plan and, if so, set forth the proposed service or revision and the pertinent number of the guidelines considered in the report, made pursuant to paragraph (1), which guideline or guidelines provide the basis for recommending the service or revision in a service plan or revised service plan; or
(B) A permanent plan or revision to an existing permanent plan and if it is an initial recommendation, set forth the basis for the recommendation that shall include[, but not be limited to,] an evaluation of each of the criteria set forth in section 587-73(a), including the written permanent plan as set forth in section 587-27; and
(3) Set forth recommendations as to other orders deemed to be appropriate and state the basis for recommending that the orders be entered."
SECTION 3. Section 587-73, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) If the court determines that the criteria set forth in subsection (a) are established by clear and convincing evidence, the court shall make written findings and conclusions as to the clear and convincing evidence that supports the court's determination and order:
(1) That the existing service plan be terminated and that the prior award of foster custody be revoked;
(2) That permanent custody be awarded to an appropriate authorized agency;
(3) That an appropriate permanent plan be implemented concerning the child whereby the child will:
(A) Be adopted pursuant to chapter 578; provided that the court shall presume that it is in the best interests of the child to be adopted, unless the child is or will be in the home of family or a person who has become as family and who for good cause is unwilling or unable to adopt the child but is committed to and is capable of being the child's guardian or permanent custodian;
(B) Be placed under guardianship pursuant to chapter 560; or
(C) Remain in permanent custody until the child is subsequently adopted, placed under a guardianship, or reaches the age of majority, and that such status shall not be subject to modification or revocation except upon a showing of extraordinary circumstances to the court;
(4) That such further orders as the court deems to be in the best interests of the child, including[, but not limited to,] restricting or excluding unnecessary parties from participating in adoption or other subsequent proceedings, be entered; and
(5) Until adoption or guardianship is ordered, that each case be set for a permanent plan review hearing not later than one year after the date that a permanent plan is ordered by the court, or sooner if required by federal law, and thereafter, that subsequent permanent plan review hearings be set not later than each year, or sooner if required by federal law; provided that at each permanent plan review hearing, the court shall review the existing permanent plan and enter such further orders as are deemed to be in the best interests of the child."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.