Report Title:

Child Custody; Parent Drug Use

 

Description:

Requires the Department of Human Services to investigate reports of drug use in the home of a child within 24 hours.  Requires a parent, legal custodian, cohabitant, or caregiver to be drug free for at least 60 days prior to being allowed visitation with a child, and to participate in substance abuse treatment for at least one year before being awarded full custody of a child or being allowed to solely supervise the child.  (HB2596 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2596

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO CHILDREN.

 

 

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

 


     SECTION 1.  In light of recent violent events and the tragic death of a child, the legislature finds that timeliness is of the essence with investigations of alleged drug abuse in a child's home.  There have been cases where drug use in a child's home was reported, but there was no immediate response by a government agency to investigate the report of alleged drug use.

     The purpose of this Act is to further protect children who may be in a household where drugs are used by requiring:

     (1)  The department of human services to conduct an investigation within 24 hours of receiving a report of alleged drug use in a child's home;

     (2)  A parent, legal guardian, cohabitant, or caregiver to be free of drug use for at least 60 days prior to being allowed visitation rights with a child; and

     (3)  Substance abuse treatment for at least one year prior to a parent or legal guardian being awarded full custody of a child, or before a cohabitant or caregiver is allowed to supervise a child alone.

     SECTION 2.  Chapter 587, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  parent SUBSTANCE use

     §587-    Definitions.  For purposes of this part, unless the context otherwise requires:

     "Abuse" means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society.

     "Illegal drug use" shall mean the use of crystal methamphetamine, heroin, cocaine, phencyclidine (PCP), or morphine.

     §587-    Investigation.  (a)  Upon receiving a report that a parent, guardian, cohabitant, caregiver, or legal custodian of a child may be engaging in illegal drug use when a child is present, the department shall conduct an investigation within twenty-four hours of the reported allegation of illegal drug use.  If the department finds that the parent, guardian, cohabitant, caregiver, or legal custodian has tested positive for illegal drug use and that the child is placed in imminent harm because of the illegal use of drugs, the department shall:

     (1)  Immediately contact the police who shall make a determination under section 587-22 on whether the child should be taken into protective custody; and

     (2)  File for a temporary restraining order on behalf of the child against the individual who tested positive for drug use.

     (b)  Any child under this section may be allowed visitation with the child's parent, guardian, cohabitant, caregiver, or legal custodian; provided that no visitation shall be allowed for a minimum of sixty days unless the department finds that the parent, guardian, or legal custodian has tested negative for illegal drug use.

     §587-    Substance abuse treatment.  The department shall require a parent, guardian, or legal custodian to successfully participate in a drug treatment program for a minimum of one year before the parent, guardian, or legal custodian may regain full custody of the child.  A cohabitant or caregiver shall not solely supervise the child until successfully participating in a drug treatment program for a minimum of one year.

     §587-    Rules.  The department may adopt rules in accordance with chapter 91 to implement this part."

     SECTION 3.  The department of human services shall submit a report to the legislature no later than twenty days prior to the regular session of 2009 on its efforts to prevent children from being injured or exposed to unreasonable risk or neglect by parents, guardians, or caregivers who test positive for illegal drug use.

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  This Act shall take effect on July 1, 2008.