THE SENATE |
S.B. NO. |
2245 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the child protective act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 587A-4, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Exigent circumstances" means there is reasonable cause to believe that immediately assuming protective custody and temporary foster custody of a child is necessary to protect the child from serious harm that is likely to occur before a court order can be obtained pursuant to section 587A-11(9)."
2. By amending the definition of "imminent harm" to read:
""Imminent
harm" means that [without intervention within the next ninety days,]
there is reasonable cause to believe that harm to the child will occur or
reoccur[.] and no reasonable efforts other than removal of the child
from the family home will adequately prevent the harm."
SECTION 2. Section 587A-8, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"[[]§587A-8[]]
Protective custody by police officer [without court order]. (a) A
police officer shall assume protective custody of a child [without]:
(1) Upon
order of the court; or
(2) Without
a court order [and without the consent of the child's family,] if in the
discretion of the police officer, the officer determines that[:
(1) The child is subject to imminent
harm while in the custody of the child's family;
(2) The child has no parent, as defined
in this chapter, who is willing and able to provide a safe family home for the
child;
(3) The child has no caregiver, as defined
in this chapter, who is willing and able to provide a safe and appropriate
placement for the child; or
(4) The child's parent has subjected the
child to harm or threatened harm and the parent is likely to flee with the
child.] exigent circumstances are present."
SECTION 3. Section 587A-9, Hawaii Revised Statutes, is amended to read as follows:
"§587A-9 Temporary foster custody
[without court order].
(a) [When the department
receives protective custody of a child from the police, the] The
department shall[:
(1) Assume] assume temporary
foster custody of [the] a child:
(1) Upon
order of the court; or
(2) Without
a court order, upon the transfer of protective custody from a police officer
if, in the discretion of the department, the department determines that [the
child is subject to imminent harm while in the custody of the child's family;]
exigent circumstances are present.
(b)
When the department assumes temporary foster custody of a child, the
department shall:
[(2)] (1)
Make every reasonable effort to inform the child's parents of the
actions taken, unless doing so would put another person at risk of harm;
[(3)] (2)
Unless the child is admitted to a hospital or similar
institution, place the child in emergency foster care while the department
conducts an appropriate investigation, with placement preference being given to
an approved relative;
[(4)] (3)
With authorized agencies, make reasonable efforts to identify and
notify all relatives within thirty days of assuming temporary foster custody of
the child; and
[(5)] (4)
Within three days, excluding Saturdays, Sundays, and holidays:
(A) Relinquish temporary foster custody, return the child to the child's parents, and proceed pursuant to section 587A-11(4), (5), or (6);
(B) Secure a voluntary placement agreement from the child's parents to place the child in foster care, and proceed pursuant to section 587A-11(6) or (8); or
(C) File a temporary foster custody petition with the court.
[(b)]
(c) Upon the request of the
department and without regard to parental consent, any physician licensed or
authorized to practice medicine in the State shall perform an examination to
determine the nature and extent of harm or threatened harm to the child under
the department's temporary foster custody."
SECTION 4. Section 587A-11, Hawaii Revised Statutes, is amended to read as follows:
"§587A-11 Investigation; department powers. 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]
an investigation to be made as it deems to be appropriate. In conducting the investigation, the
department may:
(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[.];
or
(9) File
a petition and seek an order for protective custody if there is reasonable
cause to believe that the child is subject to imminent harm, as follows:
(A) The department may submit a written
application to the court and the court may issue an order of protective custody
without notice and without a hearing;
(B) If the court finds reasonable cause
to believe that the child is subject to imminent harm, the court shall order
that a police officer immediately take the child into protective custody and
that the department immediately assume temporary foster custody of the child
pursuant to section 587A-8(b); and
(C) If the court issues an order for
protective custody, the court shall order a police officer to make every
reasonable effort to personally serve the child's parents and any person who
has physical custody of the child with copies of the order and the department's
application submitted pursuant to subparagraph (A)."
SECTION 5. Section 587A-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b)
In deciding [in temporary foster custody hearings] whether there
is reasonable cause to believe that a child is subject to imminent harm for
orders for protective custody or in temporary foster custody hearings, the
court may consider relevant hearsay evidence when direct testimony is unavailable
or when it is impractical to subpoena witnesses who will be able to testify to
facts based on personal knowledge."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2025.
INTRODUCED BY: |
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Report Title:
DHS; Police Officers; Child Protective Act; Exigent Circumstances; Imminent Harm; Order for Protective Custody
Description:
Adds a definition for "exigent circumstances" and amends the definition of "imminent harm" under the Child Protective Act. Clarifies the circumstances when police officers shall assume protective custody of a child and when the Department of Human Services shall assume temporary foster custody of a child. Allows for the Department of Human Services to file a petition and seek an order for protective custody if there is reasonable cause to believe that a child is subject to imminent harm. Effective 7/1/2025.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.