REPORT TITLE:
Child Protection


DESCRIPTION:
Requires department of human services to notify police of all
reports received by department with regard to child abuse.
Requires permanency planning within twelve months of a child's
placement in foster care.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1015
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CHILD PROTECTION.



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

 1      SECTION 1.  Section 350-2, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "350-2 Action on reporting.(a)  Upon receiving a report
 
 4 concerning child abuse or neglect, the department shall proceed
 
 5 pursuant to chapter 587 and the department's rules.
 
 6      (b)  The department shall inform the appropriate police
 
 7 department or office of the prosecuting attorney of all reports
 
 8 received by the department concerning a case of child abuse or
 
 9 neglect, including reports received under section 350-1.1;
 
10 provided that the name of a reporter, who requested that the
 
11 reporter's name be confidential, shall be released to a police
 
12 department or an office of the prosecuting attorney pursuant only
 
13 to court order.
 
14      [(b)] (c)  The department shall inform the appropriate
 
15 police department or office of the prosecuting attorney of the
 
16 relevant information concerning a case of child abuse or neglect
 
17 when such information is required by the police department or the
 
18 office of the prosecuting attorney for the investigation or
 
19 prosecution of that case; provided that the name of a reporter,
 

 
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 1 who requested that the reporter's name be confidential, shall
 
 2 only be released to a police department or an office of the
 
 3 prosecuting attorney pursuant to court order.
 
 4      [(c)] (d)  The department shall maintain a central registry
 
 5 of reported child abuse or neglect cases and shall promptly
 
 6 expunge the reports in cases if:
 
 7      (1)  The department has found the reports to be
 
 8           unsubstantiated; or
 
 9      (2)  The petition arising from the report has been dismissed
 
10           by order of the family court after an adjudicatory
 
11           hearing on the merits pursuant to chapter 587.
 
12      For purposes of expungement under paragraph (1), a report is
 
13 unsubstantiated only when the department has found the
 
14 allegations to be frivolous or to have been made in bad faith.
 
15      However, the department may retain records and information
 
16 of alleged child abuse and neglect with respect to the child that
 
17 is the subject of the alleged abuse.
 
18      The department shall adopt rules as may be necessary in
 
19 carrying out this section."
 
20      SECTION 2.  Section 587-72, Hawaii Revised Statutes, is
 
21 amended by amending subsection (c) to read as follows:
 
22      "(c)  Upon each review hearing the court shall consider
 
23 fully all relevant prior and current information pertaining to
 

 
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 1 the safe family home guidelines, as set forth in section 587-25,
 
 2 including but not limited to, the report submitted pursuant to
 
 3 section 587-40, and:
 
 4      (1)  Determine whether the child's family is presently
 
 5           willing and able to provide the child with a safe
 
 6           family home without the assistance of a service plan
 
 7           and, if so, the court shall terminate jurisdiction;
 
 8      (2)  Determine whether the child's family is presently
 
 9           willing and able to provide the child with a safe
 
10           family home with the assistance of a service plan and,
 
11           if so, the court shall return the child or continue the
 
12           placement of the child in the child's family home under
 
13           the family supervision of the appropriate authorized
 
14           agency;
 
15      (3)  If the child's family home is determined, pursuant to
 
16           subsection (c)(2), not to be safe, even with the
 
17           assistance of a service plan, order that the child
 
18           remain or be placed under the foster custody of the
 
19           appropriate authorized agency; if the child has been
 
20           residing without the family home for a period of twelve
 
21           months or if there has been a court ordered service
 
22           plan for a period of one year, the court [may] shall
 
23           set the case for a show cause hearing at which the
 

 
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 1           child's family shall have the burden of presenting
 
 2           evidence to the court regarding the reasons and
 
 3           considerations as the family has to offer as to why the
 
 4           case should not be set for a permanent plan hearing.
 
 5           Upon a show cause hearing that the court deems to be
 
 6           appropriate, the court shall consider the criteria set
 
 7           forth in section 587-73(a)(1), (2), and (4), or section
 
 8           587-73(e), and:
 
 9           (A)  Set the case for a permanent plan hearing and
 
10                order that the authorized agency submit a report
 
11                pursuant to section 587-40; or
 
12           (B)  Proceed pursuant to this section;
 
13      (4)  Determine whether the parties have complied with,
 
14           performed, and completed every term and condition of
 
15           the service plan that was previously court ordered;
 
16      (5)  Order revisions to the existing service plan, after
 
17           satisfying section 587-71(h), as the court, upon a
 
18           hearing that the court deems to be appropriate,
 
19           determines to be in the best interests of the child;
 
20           provided that a copy of the revised service plan shall
 
21           be incorporated as part of the order;
 
22      (6)  Enter further orders as the court deems to be in the
 
23           best interests of the child; and
 

 
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 1      (7)  Determine whether aggravated circumstances are present
 
 2           and, if so, the court shall set the case for a show
 
 3           cause hearing at which the child's family shall have
 
 4           the burden of presenting evidence to the court
 
 5           regarding the reasons and considerations as to why the
 
 6           case should not be set for a permanent plan hearing."
 
 7      SECTION 3.  The auditor shall continue to analyze and assess
 
 8 proposed special and revolving funds until such time as the
 
 9 office of the legislative analyst is funded and operational.
 
10      SECTION 4.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 5.  This Act shall take effect upon its approval.
 
13 
 
14                           INTRODUCED BY:  _______________________