HB879 HD1

SECTION 1. The legislature finds that the State's child protective act, codified as chapter 587A, Hawaii Revised Statutes, can be strengthened to protect vulnerable children in the foster care system by prioritizing the total health and safety of a child. Children, especially those within the foster care system, need additional support, which can be provided by their kupuna and other extended family members. Limiting support and care access to only immediate family, the child's parents and siblings, does not adequately provide the support system that these children need.

The legislature also finds that it is important to identify the physical, mental, and emotional damage that can result from domestic violence and abuse these children have suffered or witnessed. Studies show that children who witness or are victims of domestic violence are more likely to suffer with long-term mental and physical health issues such as depression, anxiety, post-traumatic stress disorder, diabetes, and heart disease.

The legislature further finds that strengthening the child protective act will help to ensure the well-being of vulnerable children in the foster care system is prioritized at the very top.

The purpose of this Act is to:

(1) Clarify the purpose of the child protective act;

(2) Provide a child's grandparents with certain visitation rights;

(3) Expand safe family home factors to include evaluations conducted by a domestic violence service provider with certain specialized training;

(4) Establish time frames for written responses provided to complainants by the department of humans services;

(5) Require foster placement preference to be given to approved relatives, if it is in the best interest of the child; and

(6) Require a service plan to include an evaluation or assessment of the parents by a domestic violence service provider with certain specialized training in cases of alleged or confirmed domestic violence.

SECTION 2. Section 587A-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§587A-2[]] Purpose; construction. This chapter creates within the jurisdiction of the family court a child protective act to make paramount the safety [~~and~~], health, and physical, mental, and emotional well-being of children who have been harmed or are in life circumstances that threaten harm. Furthermore, this chapter makes provisions for the service, treatment, and permanent plans for these children and their families.

The legislature finds that children deserve and require competent, responsible parenting and safe, secure, loving, and nurturing homes. The legislature finds that children who have been harmed or are threatened with harm are less likely than other children to realize their full educational, vocational, and emotional potential, and become law-abiding, productive, self-sufficient citizens, and are more likely to become involved with the mental health system, the juvenile justice system, or the criminal justice system, as well as become an economic burden on the State. The legislature finds that prompt identification, reporting, investigation, services, treatment, adjudication, and disposition of cases involving children who have been harmed or are threatened with harm are in the children's, their families', and society's best interests because the children are defenseless, exploitable, and vulnerable. The legislature recognizes that many relatives are willing and able to provide a nurturing and safe placement for children who have been harmed or are threatened with harm.

The policy and purpose of this chapter is to provide children with prompt and ample protection from the harms detailed herein, with an opportunity for timely reconciliation with their families if the families can provide safe family homes, and with timely and appropriate service or permanent plans to ensure the safety of the child so they may develop and mature into responsible, self-sufficient, law-abiding citizens. The service plan shall effectuate the child's remaining in the family home, when the family home can be immediately made safe with services, or the child's returning to a safe family home. The service plan shall be carefully formulated with the family in a timely manner. Every reasonable opportunity should be provided to help the child's legal custodian to succeed in remedying the problems that put the child at substantial risk of being harmed in the family home. Each appropriate resource, public and private, family and friend, should be considered and used to maximize the legal custodian's potential for providing a safe family home for the child. Full and careful consideration shall be given to the religious, cultural, and ethnic values of the child's legal custodian when service plans are being discussed and formulated. Where the court has determined, by clear and convincing evidence, that the child cannot be returned to a safe family home, the child shall be permanently placed in a timely manner.

The policy and purpose of this chapter includes the protection of children who have been harmed or are threatened with harm by:

(1) Providing assistance to families to address the causes for abuse and neglect;

(2) Respecting and using each family's strengths, resources, culture, and customs;

(3) Ensuring that families are meaningfully engaged and children are consulted in an age-appropriate manner in case planning;

(4) Enlisting the early and appropriate participation of family and the family's support networks;

(5) Respecting and encouraging the input and views of caregivers; and

(6) Ensuring a permanent home through timely adoption or other permanent living arrangement, if safe reunification with the family is not possible.

The child protective services under this chapter shall be provided with every reasonable effort to be open, accessible, and communicative to the persons affected by a child protective proceeding without endangering the safety and best interests of the child under this chapter.

This chapter shall be liberally construed to serve the best interests of the children affected and the purpose and policies set forth herein."

SECTION 3. Section 587A-3.1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department or an authorized agency shall ensure, whenever possible, that a child in foster care will:

(1) Live in a home, free from physical, psychological, sexual, and other abuse;

(2) Receive food, shelter, and clothing;

(3) Receive medical care, dental services, corrective vision care, and mental health services;

(4) Be enrolled in a health insurance plan and, within forty-five days of out-of-home placement, be provided with a health assessment and recommended treatment;

(5) Have regular, supervised or unsupervised, in-person, telephone, or other forms of contact with the child's parents, grandparents, and siblings while the child is in foster care, unless the contact is either prohibited by court order or is deemed to be unsafe by the child's child welfare services worker, therapist, guardian ad litem, or court appointed special advocate[.]; provided that visitations by grandparents may be granted only if denial of reasonable grandparent visitation rights would cause significant harm to the child. Withholding visitation shall not be used as punishment. If the department or authorized agency denies supervised or unsupervised visits with the child's parents, grandparents, or siblings:

(A) If all parties, including the child, agree to the denial of the visits, the department or authorized agency shall submit a written report to the court within five working days to document the reasons why the visits are being denied; or

(B) If any party, including the child, disagrees with the denial of the visits, the department or authorized agency shall file a motion for immediate review within five working days that shall include the specific reasons why visits are being denied;

(6) Receive notice of court hearings, and if the child wishes to attend the hearings, the department or authorized agency shall ensure that the child is transported to the court hearings;

(7) Have in-person contact with the child's assigned child welfare services worker;

(8) Have the ability to exercise the child's own religious beliefs, including the refusal to attend any religious activities and services;

(9) Have a personal bank account if requested and assistance in managing the child's personal income consistent with the child's age and development, unless safety or other concerns require otherwise;

(10) Be able to participate in extracurricular, enrichment, cultural, and social activities; provided that if a child caring institution or resource caregiver authorizes the participation, the authorization shall be in accordance with the reasonable and prudent parent standard, as defined in title 42 United States Code section 675(10)(A);

(11) Beginning at age twelve, be provided with age-appropriate life skills training and a transition plan for appropriately moving out of the foster care system, which shall include reunification or other permanency, and written information concerning independent living programs, foster youth organizations, and transitional planning services that are available to all children in foster care who are twelve years of age or older and their resource families;

(12) If the child is fourteen years of age or older, have the right to be involved in developing a case plan and planning for the child's future;

(13) If the child is fourteen years of age or older, receive the child's credit report, free of charge, annually during the child's time in foster care and receive assistance with interpreting the report and resolving inaccuracies, including, when feasible, assistance from the child's guardian ad litem; and

(14) If the child is seventeen years of age, receive prior to aging out of care certain personal records, such as an official or certified copy of the child's United States birth certificate, a Social Security card issued by the Commissioner of Social Security, health insurance information, a copy of the child's medical records or information to access the child's medical records free of charge, immigration documents, and a driver's license or civil identification card issued by the State; provided that the department or authorized agency shall obtain the personal records for the child."

SECTION 4. Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "family" to read:

""Family" means each legal parent of a child; the birth mother, unless the child has been legally adopted; the concerned birth father as provided in section 578-2(a)(5), unless the child has been legally adopted; each parent's spouse or former spouse; each grandparent; each sibling or person related by blood or marriage; each person residing in the dwelling unit; and any other person or legal entity with:

(1) Legal or physical custody or guardianship of the child, or

(2) Responsibility for the child's care.

For purposes of this chapter, the term "family" does not apply to an authorized agency that assumes the foregoing legal status or relationship with a child."

SECTION 5. Section 587A-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The following factors shall be fully considered when determining whether a child's family is willing and able to provide the child with a safe family home:

(1) Facts relating to the child's current situation, which shall include:

(A) The child's age, vulnerability, and special needs that affect the child's attachment, growth, and development;

(B) The child's developmental, psychological, medical, and dental health status and needs, including the names of assessment and treatment providers;

(D) The child's educational status and setting, and the department's efforts to maintain educational stability for the child in out-of-home placement;

(E) The child's living situation;

(F) The child's fear of being in the family home;

(G) The impact of out-of-home placement on the child;

(H) Services provided to the child and family; and

(I) The department's efforts to maintain connections between the child and the child's siblings, if they are living in different homes;

(2) The initial and any subsequent reports of harm and threatened harm to the child;

(3) Dates and reasons for the child's out-of-home placement; description, appropriateness, and location of the placement; and who has placement responsibility;

(4) Facts regarding the alleged perpetrators of harm to the child, the child's parents, and other family members who are parties to the court proceedings, which facts shall include:

(A) Birthplace and family of origin;

(B) Manner in which the alleged perpetrator of harm was parented;

(D) Prior involvement in services;

(5) Results of psychiatric, psychological, or developmental evaluations of the child, the alleged perpetrators, and other family members who are parties; provided that the evaluations under this paragraph shall be performed by a domestic violence service provider with specialized training in the treatment of the effects of physical, mental, and emotional abuse;

(6) Whether there is a history of abusive or assaultive conduct by the child's family members and others who have access to the family home;

(7) Whether there is a history of substance abuse by the child's family or others who have access to the family home;

(8) Whether any alleged perpetrator has completed services in relation to any history identified in paragraphs (6) and (7), and acknowledged and accepted responsibility for the harm to the child;

(9) Whether any non-perpetrator who resides in the family home has demonstrated an ability to protect the child from further harm and to ensure that any current protective orders are enforced;

(10) Whether there is a support system available to the child's family, including adoptive and hanai relatives, friends, and faith-based or other community networks;

(11) Attempts to locate and involve extended family, friends, and faith-based or other community networks;

(12) Whether the child's family has demonstrated an understanding of and involvement in services that have been recommended by the department or court-ordered as necessary to provide a safe family home for the child;

(13) Whether the child's family has resolved identified safety issues in the family home within a reasonable period of time; [~~and~~]

(14) Interviews and documentation provided by family members to the department; provided that the department shall include all interviews and documentation provided by the family members in the written report filed with the court; and

[~~(14)~~] (15) The department's assessment, which shall include the demonstrated ability of the child's family to provide a safe family home for the child, and recommendations."

SECTION 6. Section 587A-11, Hawaii Revised Statutes, is amended to read as follows:

"§587A-11 Investigation; department powers. (a) Upon receiving a report that a child is subject to imminent harm, has been harmed, or is subject to threatened harm, and when an assessment is required by this chapter, the department shall cause such investigation to be made [~~as it deems to be appropriate~~]. In conducting the investigation, the department [~~may:~~] shall:

(1) Enlist the cooperation and assistance of appropriate state and federal law enforcement authorities, who may conduct an investigation and, if an investigation is conducted, shall provide the department with all preliminary findings, including the results of a criminal history record check of an alleged perpetrator of harm or threatened harm to the child;

(2) Conduct a criminal history record check of an alleged perpetrator and all adults living in the family home, with or without consent, to ensure the safety of the child;

(3) Interview the child without the presence or prior approval of the child's family and temporarily assume protective custody of the child for the purpose of conducting the interview;

(4) Resolve the matter in an informal fashion that it deems appropriate under the circumstances;

(5) Close the matter if the department finds, after an assessment, that the child is residing with a caregiver who is willing and able to meet the child's needs and provide a safe and appropriate placement for the child;

(6) Immediately enter into a service plan:

(A) To safely maintain the child in the family home; or

(B) To place the child in voluntary foster care pursuant to a written agreement with the child's parent.

If the child is placed in voluntary foster care and the family does not successfully complete the service plan within three months after the date on which the department assumed physical custody of the child, the department shall file a petition. The department is not required to file a petition if the parents agree to adoption or legal guardianship of the child and the child's safety is ensured; provided that the adoption or legal guardianship hearing is conducted within six months of the date on which the department assumed physical custody of the child;

(7) Assume temporary foster custody of the child and file a petition with the court within three days, excluding Saturdays, Sundays, and holidays, after the date on which the department assumes temporary foster custody of the child, with placement preference being given to an approved relative; or

(8) File a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter.

(b) The department shall provide a written response regarding the disposition of the investigation to the complainant within forty-five days of completing the investigation; provided that any information provided under this subsection shall be disclosed in a manner that safeguards the confidentiality of records as required by federal law."

SECTION 7. Section 587A-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) If an authorized agency has foster custody it has the following duties and rights:

(1) Determining where and with whom the child shall be placed in foster care; provided that the child shall not be placed in foster care outside the State without prior order of the court; provided further that foster placement preference shall be given to an approved relative if such preference is in the best interest of the child;

(2) Permitting the child to return to the family from which the child was removed, unless otherwise ordered by the court. The child's return may occur only if no party objects to such placement and prior written notice is given to the court and to all parties stating that there is no objection of any party to the child's return. Upon the child's return to the family, temporary foster custody or foster custody shall be automatically revoked, and the child and the child's family members who are parties shall be placed under temporary family supervision or the family supervision of the authorized agency;

(3) Ensuring that the child is provided with adequate food, clothing, shelter, psychological care, physical care, medical care, supervision, and other necessities in a timely manner;

(4) Monitoring whether the child is being provided with an appropriate education;

(5) Providing required consents for the child's physical or psychological health or welfare, including ordinary medical, dental, psychiatric, psychological, educational, employment, recreational, or social needs;

(6) Providing consents for any other medical or psychological care or treatment, including surgery, if the persons who are otherwise authorized to provide consent are unable or unwilling to consent. Before being provided to the child, this care or treatment shall be deemed necessary for the child's physical or psychological health or welfare by two physicians or two psychologists, as appropriate, who are licensed or authorized to practice in the State;

(7) Providing consent for the child's application for a driver's instructional permit, provisional driver's license, or driver's license;

(8) Providing consent to the recording of a statement pursuant to section 587A-21; and

(9) Providing the court with information concerning the child.

The court, in its discretion, may vest foster custody of a child in any authorized agency or subsequently authorized agencies, if the court finds that it is in the child's best interests to do so. The rights and duties that are so assumed by an authorized agency shall supersede the rights and duties of any legal or permanent custodian of the child."

SECTION 8. Section 587A-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The service plan shall provide:

(1) The specific steps necessary to facilitate the return of the child to a safe family home, if the proposed placement of the child is in foster care under foster custody. These specific steps shall include treatment and services that will be provided, actions completed, specific measurable and behavioral changes that must be achieved, and responsibilities assumed;

(2) Whether an ohana conference will be conducted for family finding and family group decision making;

(3) The respective responsibilities of the child, the parents, legal guardian or custodian, the department, other family members, and treatment providers, and a description and expected outcomes of the services required to achieve the permanency goal;

(4) The required frequency and types of contact between the assigned social worker, the child, and the family;

(5) The time frames during which services will be provided, actions must be completed, and responsibilities must be discharged;

(6) Notice to the parents that their failure to substantially achieve the objectives described in the service plan within the time frames established may result in termination of their parental rights;

(7) Notice to the parents that if the child has been in foster care under the responsibility of the department for an aggregate of fifteen out of the most recent twenty-two months from the child's date of entry into foster care, the department is required to file a motion to set a termination of parental rights hearing, and the parents' failure to provide a safe family home within two years from the date when the child was first placed under foster custody by the court, may result in the parents' parental rights being terminated; [~~and~~]

(8) In cases of alleged or confirmed domestic violence, an evaluation or assessment of the parents by a domestic violence service provider with specialized training in the effects of physical, mental, and emotional abuse; and

[~~(8)~~] (9) Any other terms and conditions that the court or the authorized agency deem necessary to the success of the service plan."

SECTION 9. Section 587A-28, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) If the court finds that the child's physical or psychological health or welfare has been harmed or is subject to threatened harm by the acts or omissions of the child's family, the court:

(1) Shall enter a finding that the court has jurisdiction pursuant to section 587A-5;

(2) Shall enter a finding regarding whether, before the child was placed in foster care, the department made reasonable efforts to prevent or eliminate the need to remove the child from the child's family home;

(3) Shall enter orders:

(A) That the child be placed in foster custody if the court finds that the child's remaining in the family home is contrary to the welfare of the child and the child's parents are not willing and able to provide a safe family home for the child, even with the assistance of a service plan; or

(B) That the child be placed in family supervision if the court finds that the child's parents are willing and able to provide the child with a safe family home with the assistance of a service plan;

(4) Shall determine whether aggravated circumstances are present.

(A) If aggravated circumstances are present, the court shall:

(i) Conduct a permanency hearing within thirty days, and the department shall not be required to provide the child's parents with an interim service plan or interim visitation; and

(ii) Order the department to file, within sixty days after the court's finding that aggravated circumstances are present, a motion to terminate parental rights unless the department has documented in the safe family home factors or other written report submitted to the court a compelling reason why it is not in the best interest of the child to file a motion[.]; and

(B) If aggravated circumstances are not present or there is a compelling reason why it is not in the best interest of the child to file a motion to terminate parental rights, the court shall order that the department make reasonable efforts to reunify the child with the child's parents, so long as first and foremost, the physical, mental, and emotional health of the child is assured, and order an appropriate service plan;

(5) Shall order reasonable supervised or unsupervised visits for the child and the child's family, including with the child's siblings[,] and grandparents, unless such visits are determined to be unsafe or detrimental to, and not in the best interests of, the child; provided that visitations by grandparents may be granted only if denial of reasonable grandparent visitation rights would cause significant harm to the child;

(6) Shall order each of the child's birth parents to complete the medical information forms and release the medical information required under section 578-14.5, to the department. If the child's birth parents refuse to complete the forms or to release the information, the court may order the release of the information over the parents' objections;

(7) Shall determine whether each party understands that unless the family is willing and able to provide the child with a safe family home, even with the assistance of a service plan, within the reasonable period of time specified in the service plan, their respective parental and custodial duties and rights shall be subject to termination;

(8) Shall determine the child's date of entry into foster care as defined in this chapter;

(9) Shall set a periodic review hearing to be conducted no later than six months after the date of entry into foster care and a permanency hearing to be held no later than twelve months after the date of entry into foster care;

(10) Shall set a status conference, as the court deems appropriate, to be conducted no later than ninety days after the return hearing; and

(11) May order that:

(A) Any party participate in, complete, be liable for, and make every good faith effort to arrange payment for such services or treatment as are authorized by law and that are determined to be in the child's best interests;

(B) The child be examined by a physician, surgeon, psychiatrist, or psychologist; and

(C) The child receive treatment, including hospitalization or placement in other suitable facilities, as is determined to be in the child's best interests."

SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on June 30, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	879
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII