HOUSE OF REPRESENTATIVES

H.B. NO.

2096

THIRTY-THIRD LEGISLATURE, 2026

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO AGGRAVATED CIRCUMSTANCES IN CHILD PROTECTIVE PROCEEDINGS.

 

 

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

 

     SECTION 1.  Chapter 587A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§587A-     Aggravated circumstances.  (a)  At the return hearing, the court shall determine whether aggravated circumstances are present.

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

          (A)  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

          (B)  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; or

     (2)  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 and order an appropriate service plan.

     (b)  Whether or not the court finds that aggravated circumstances are present during the return hearing, at any other time during the case prior to the termination of parental rights, the court may, on its own motion or upon the motion of any party, order an evidentiary hearing to determine whether aggravated circumstances are present.  If the court finds that aggravated circumstances are present under this subsection, then all applicable portions of subsection (a)(1) and (2) shall apply.

     (c)  The court may consolidate an aggravated circumstances hearing with a termination of parental rights hearing pursuant to section 587A-33 at any time.

     (d)  Any party shall inform the court within a reasonable time upon receipt of evidence of aggravated circumstances."

     SECTION 2.  Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "aggravated circumstances" to read as follows:

     ""Aggravated circumstances" means that:

     (1)  The parent has murdered, or has solicited, aided, abetted, attempted, or conspired to commit the murder or voluntary manslaughter of, another child of the parent;

     (2)  The parent has committed a felony assault that results in serious bodily injury to the child or another child of the parent;

     (3)  The parent's rights regarding a sibling of the child have been judicially terminated or divested;

     (4)  The family court, or another court of competent jurisdiction, has found that the parent has tortured the child[;], as described in the offense of torture under section 707-718; provided that a conviction for that offense shall not be required for a court to make a finding under this paragraph;

     (5)  The child is an abandoned infant;

     (6)  The parent has committed sexual abuse against another child of the parent; or

     (7)  The parent is required to register with a sex offender registry under [section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006,] title [42] 34 United States Code section [16913(a).] 20913."

     SECTION 3.  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.

          (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 and order an appropriate service plan;

     (5)] (4)  Shall order reasonable supervised or unsupervised visits for the child and the child's family, including with the child's siblings, unless such visits are determined to be unsafe or detrimental to, and not in the best interests of, the child;

    [(6)] (5)  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)] (6)  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)] (7)  Shall determine the child's date of entry into foster care as defined in this chapter;

    [(9)] (8)  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)] (9)  Shall set a status conference, as the court deems appropriate, to be conducted no later than ninety days after the return hearing; and

   [(11)] (10)  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 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

 

Report Title:

Judiciary Package; Family Courts; Child Protective Proceedings; Aggravated Circumstances Hearings

 

Description:

Incorporates the definition of torture under the Penal Code for purposes of defining aggravated circumstances involving child torture under the Child Protective Act.  Authorizes the Family Court to make a finding of aggravated circumstances at any stage of a Child Protective Act proceeding prior to the termination of parental rights, rather than limiting these findings to the return hearing.  Effective 7/1/3000.  (HD1)

 

 

 

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