REPORT TITLE:
Child Protection


DESCRIPTION:
Protects children and youth from abuse and neglect. (HB274 HD3)

 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        274
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FAMILIES.



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

 1      SECTION 1.  The legislature finds that child abuse and
 
 2 neglect are a root cause of many serious social problems,
 
 3 including emotional and mental health problems, alcohol and drug
 
 4 abuse and addiction, delinquency, and crime.  Child abuse
 
 5 continues to escalate with fifteen thousand reports and over five
 
 6 thousand cases investigated annually in Hawaii.  The most severe
 
 7 cases continue to be among the youngest, most vulnerable
 
 8 children.
 
 9      During the interim following the regular session of 1998,
 
10 child protection legislative roundtable discussions were convened
 
11 to suggest statutory, guideline, rule, regulation, and other
 
12 changes to improve Hawaii's child protective system.
 
13 Legislators, the departments of human services, health, and the
 
14 attorney general, the judiciary, private nonprofit child and
 
15 family serving agencies, and concerned individuals communicated
 
16 and collaborated with one another, on behalf of abused and
 
17 neglected children and their families, to develop formal and
 
18 informal mechanisms for working together.
 

 


Page 2                                                     274
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1      As a coordinated response to prevent and treat child abuse,
 
 2 the roundtable collectively suggested that the following
 
 3 provisions be added or strengthened:
 
 4 
 
 5      (1)  Mandated training for foster parents of licensed foster
 
 6           homes;
 
 7      (2)  Protective custody of a child without court order;
 
 8      (3)  Required reporting of child abuse and neglect; and
 
 9      (4)  A medical case management procedure for the medical
 
10           oversight of children in the child protective services
 
11           system.
 
12      The purpose of this Act is to improve Hawaii's child
 
13 protection system.
 
14      SECTION 2.  Section 346-17, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "346-17  Child placing organizations, child caring
 
17 institutions, and foster boarding homes; authority over and
 
18 investigation of.  (a)  No child placing organization shall
 
19 engage in the investigation, placement, and supervision of minor
 
20 children in foster care unless it meets with the standards of
 
21 conditions, management, and competence set by the department of
 
22 human services.
 

 


Page 3                                                     274
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1      (b)  No child caring institution shall [be allowed to]
 
 2 receive minor children for care and maintenance unless it meets
 
 3 with the standards of conditions, management, and competence to
 
 4 care for and train children set by the department.
 
 5      (c)  No foster boarding home shall receive for care and
 
 6 maintenance any child unless [it meets]:
 
 7      (1)  It meets with the standards of conditions, management,
 
 8           and competence set by the department[.]; and
 
 9      (2)  The foster boarding home applicant successfully
 
10           completes foster parent training.
 
11 Persons providing special licensed or relative foster home care
 
12 shall successfully complete foster parent training within one
 
13 year of the child's initial placement.
 
14      (d)  The department shall [make] adopt rules pursuant to
 
15 chapter 91 relating to:
 
16      (1)  [standards] Standards for the organization and
 
17           administration of child placing organizations[,];
 
18      (2)  [standards] Standards of conditions, management, and
 
19           competence for the care and training of minor children
 
20           in child caring institutions and foster boarding homes
 
21           [,]; and
 
22      (3)  [standards] Standards of conditions and competence of
 
23           operation of foster boarding homes as may be necessary
 
24           to protect the welfare of children.
 

 


Page 4                                                     274
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1      (e)  All rules of the department shall have the force and
 
 2 effect of law, and any violation thereof or of this section shall
 
 3 be punishable by a fine of not more than $200.
 
 4      (f)  As a condition for a certificate of approval, any
 
 5 organization, institution, or home shall meet the standards to
 
 6 assure the reputable and responsible character of its operators
 
 7 and employees by complying with the requirements of a criminal
 
 8 history record check under section 346-19.6.
 
 9      (g)  Upon approval of any such organization, institution, or
 
10 home, the department or its authorized agents shall issue a
 
11 certificate of approval [which] that shall continue in force for
 
12 one year or for two years if the organization, institution, or
 
13 home meets the criteria established by the department, unless
 
14 sooner revoked for cause.  The certificate shall be renewed by
 
15 the department or its authorized agents, after annual or biennial
 
16 investigation, if the investigation discloses that the
 
17 organization, institution, or home continues to meet with the
 
18 standards set by the department.  The certificate of approval
 
19 shall be a permit to operate the child placing organization,
 
20 child caring institution, or foster boarding home, and no person
 
21 or organization shall operate or maintain such organization,
 
22 institution, or home without the certificate.
 

 


Page 5                                                     274
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1      (h)  Any child placing organization, child caring
 
 2 institution, or foster boarding home shall be subject to
 
 3 investigation at any time and in such manner, place, and form as
 
 4 may be prescribed by the department or its authorized agents."
 
 5      SECTION 3.  Section 350-1.1, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  Notwithstanding any other state law concerning
 
 8 confidentiality to the contrary, the following persons who, in
 
 9 their professional or official capacity, have reason to believe
 
10 that child abuse or neglect has occurred or that there exists a
 
11 substantial risk that child abuse or neglect may occur in the
 
12 reasonably foreseeable future, shall immediately report the
 
13 matter orally to the department [or] and to the police
 
14 department:
 
15      (1)  Any licensed or registered professional of the healing
 
16           arts and any health-related occupation who examines,
 
17           attends, treats, or provides other professional or
 
18           specialized services, including[,] but not limited
 
19           to[,] physicians, including physicians in training,
 
20           psychologists, dentists, nurses, osteopathic physicians
 
21           and surgeons, optometrists, chiropractors, podiatrists,
 
22           pharmacists, and other health-related professionals;
 
23      (2)  Employees or officers of any public or private school;
 

 


Page 6                                                     274
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1      (3)  Employees or officers of any public or private agency
 
 2           or institution, or other individuals, providing social,
 
 3           medical, hospital, or mental health services, including
 
 4           financial assistance;
 
 5      (4)  Employees or officers of any law enforcement agency,
 
 6           including[,] but not limited to[,] the courts, police
 
 7           departments, correctional institutions, and parole or
 
 8           probation offices;
 
 9      (5)  Individual providers of child care, or employees or
 
10           officers of any licensed or registered child care
 
11           facility, foster home, or similar institution;
 
12      (6)  Medical examiners or coroners; and
 
13      (7)  Employees of any public or private agency providing
 
14           recreational or sports activities."
 
15      SECTION 4.  Section 587-22, Hawaii Revised Statutes, is
 
16 amended by amending subsection (a) to read as follows:
 
17      "(a)  A police officer shall assume protective custody of a
 
18 child without a court order and without the consent of the
 
19 child's family regardless of whether the child's family is
 
20 absent, if in the discretion of such police officer, the child is
 
21 in such circumstance or condition that the child's continuing in
 
22 the custody or care of the child's family presents a situation of
 
23 imminent harm to the child.
 

 


Page 7                                                     274
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1 A police officer may assume protective custody of a child without
 
 2 a court order and without the consent of a child's family
 
 3 regardless of whether the child's family is absent, if in the
 
 4 discretion of such police officer:
 
 5      (1)  The child has no legal custodian who is willing and
 
 6           able to provide a safe family home for the child; or
 
 7      (2)  There is evidence that a parent or guardian of a child
 
 8           has subjected a child to harm or threatened harm and
 
 9           that parent or guardian is likely to flee the
 
10           jurisdiction of the court with the child."
 
11      SECTION 5.  Section 587-72, Hawaii Revised Statutes, is
 
12 amended by amending subsection (c) to read as follows:
 
13      "(c)  Upon each review hearing, the court shall consider
 
14 fully all relevant prior and current information pertaining to
 
15 the safe family home guidelines, as set forth in section 587-25,
 
16 including[,] but not limited to[,] the report submitted pursuant
 
17 to section 587-40, and:
 
18      (1)  Determine whether the child's family is presently
 
19           willing and able to provide the child with a safe
 
20           family home without the assistance of a service plan
 
21           and, if so, the court shall terminate jurisdiction;
 
22      (2)  Determine whether the child's family is presently
 
23           willing and able to provide the child with a safe
 

 


Page 8                                                     274
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1           family home with the assistance of a service plan and,
 
 2           if so, the court shall return the child or continue the
 
 3           placement of the child in the child's family home under
 
 4           the family supervision of the appropriate authorized
 
 5           agency;
 
 6      (3)  If the child's family home is determined, pursuant to
 
 7           subsection (c)(2), not to be safe, even with the
 
 8           assistance of a service plan, order that the child
 
 9           remain or be placed under the foster custody of the
 
10           appropriate authorized agency; if the child has been
 
11           residing without the family home for a period of twelve
 
12           months or if there has been a [court ordered] court-
 
13           ordered service plan for a period of one year, the
 
14           court [may] shall set the case for a show cause hearing
 
15           at which the child's family shall have the burden of
 
16           presenting evidence to the court regarding the reasons
 
17           and considerations as the family has to offer as to why
 
18           the case should not be set for a permanent plan
 
19           hearing.  Upon a show cause hearing that the court
 
20           deems to be appropriate, the court shall consider the
 
21           criteria set forth in section 587-73(a)(1), (2), and
 
22           (4), or section 587-73(e), and:
 

 


Page 9                                                     274
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1           (A)  Set the case for a permanent plan hearing and
 
 2                order that the authorized agency submit a report
 
 3                pursuant to section 587-40; or
 
 4           (B)  Proceed pursuant to this section;
 
 5      (4)  Determine whether the parties have complied with,
 
 6           performed, and completed every term and condition of
 
 7           the service plan that was previously court ordered;
 
 8      (5)  Order revisions to the existing service plan, after
 
 9           satisfying section 587-71(h), as the court, upon a
 
10           hearing that the court deems to be appropriate,
 
11           determines to be in the best interests of the child;
 
12           provided that a copy of the revised service plan shall
 
13           be incorporated as part of the order;
 
14      (6)  Enter further orders as the court deems to be in the
 
15           best interests of the child; and
 
16      (7)  Determine whether aggravated circumstances are present
 
17           and, if so, the court shall set the case for a show
 
18           cause hearing at which the child's family shall have
 
19           the burden of presenting evidence to the court
 
20           regarding the reasons and considerations as to why the
 
21           case should not be set for a permanent plan hearing."
 
22      SECTION 6.  (a)  The department of human services shall
 
23 establish a medical and health case management procedure for the
 

 


Page 10                                                    274
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1 purpose of managing medical and health needs of children in the
 
 2 foster care system.
 
 3      (b)  The medical and health case management procedure shall:
 
 4      (1)  Establish a system of services providing timely medical
 
 5           and health information to key providers of care to
 
 6           foster children and an identified health care manager
 
 7           for consistent follow-up to ensure that medical and
 
 8           health needs are met;
 
 9      (2)  Maintain a medical home as the constant for continuity
 
10           of care;
 
11      (3)  Maximize existing resources in the provision of medical
 
12           and health services to foster children; and
 
13      (4)  Research enhancement of federal reimbursement for care
 
14           coordination services provided to foster children from
 
15           birth to age twenty.
 
16      SECTION 7.  There is appropriated out of the general
 
17 revenues of the State of Hawaii the sum of $    or so much
 
18 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
19 of $   or so much thereof as may be necessary for fiscal year
 
20 2000-2001 for foster parent training.
 
21      The sums appropriated shall be expended by the department of
 
22 human services for the purposes of this Act.
 

 


Page 11                                                    274
                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1      SECTION 8.  If any provision of this Act, or the application
 
 2 thereof to any person or circumstance is held invalid, the
 
 3 invalidity does not affect other provisions or applications of
 
 4 the Act which can be given effect without the invalid provision
 
 5 or application, and to this end the provisions of this Act are
 
 6 severable.
 
 7      SECTION 9.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 10.  This Act shall take effect upon its approval;
 
10 provided that section 7 shall take effect on July 1, 1999.