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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE CHILD PROTECTIVE ACT.



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

 1      SECTION 1.  Section 587-2, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      (1)  By adding a new definition to be appropriately
 
 4 inserted and to read as follows:
 
 5      ""Abandoned infant" means a child under the age of three
 
 6 who has been deserted by the parent with the intention of
 
 7 abandonment."
 
 8      (2)  By amending the definition of "aggravated
 
 9 circumstances" to read as follows:
 
10      ""Aggravated circumstances" means that:
 
11      (1)  The parent has committed, or has aided or abetted,
 
12           attempted, conspired, or solicited to commit murder or
 
13           voluntary manslaughter of another child of the parent;
 
14      (2)  The parent has committed a felony assault that results
 
15           in serious bodily injury to the child or another child
 
16           of the parent;
 
17      (3)  The parental rights to a sibling have been terminated
 
18           involuntarily pursuant to chapter 571; [or]
 
19      (4)  The parent has tortured the child;
 

 
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 1      (5)  The parent has abandoned an infant; or
 
 2     [(4)] (6)  A court has made a determination regarding a
 
 3           sibling under section 587-73(a) of the presence of the
 
 4           situation described under section 587-73(a)(1) or (2),
 
 5           or both."
 
 6      SECTION 2.  Section 587-33, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a)  Service of summons shall be made personally by
 
 9 delivery of a certified copy thereof to the person or legal
 
10 entity summoned; provided that if the party to be served resides
 
11 outside of the State of Hawaii, service shall be made by
 
12 registered or certified mail addressed to the last known address
 
13 or if the court is satisfied that it is impracticable to serve
 
14 personally the summons provided for in the preceding section, the
 
15 court may order service by registered or certified mail addressed
 
16 to the last known address, or by publication thereof, or both.
 
17 Service shall be effected at least twenty-four hours prior to the
 
18 time fixed in the summons for a temporary foster custody hearing
 
19 or at least forty-eight hours prior to the time fixed in the
 
20 summons for any other hearing under this chapter, unless the
 
21 party otherwise was ordered by the court to appear at the
 
22 hearing.  Personal service of summons required under this chapter
 
23 shall be made by the sheriff or other authorized person and a
 

 
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 1 return must be made on the summons showing to whom, the date, and
 
 2 time service was made."
 
 3      SECTION 3.  Section 587-71, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "587-71  Disposition hearing.(a)  The court may consider
 
 6 the evidence which is relevant to disposition which is in the
 
 7 best interests of the child; provided that the court shall
 
 8 determine initially whether the child's family home is a safe
 
 9 family home.  The court shall consider fully all relevant prior
 
10 and current information pertaining to the safe family home
 
11 guidelines, as set forth in section 587-25 and the report or
 
12 reports submitted pursuant to section 587-40, in rendering such a
 
13 determination.
 
14      (b)  If the court determines that the child's family is
 
15 presently willing and able to provide the child with a safe
 
16 family home without the assistance of a service plan, the court
 
17 shall terminate jurisdiction.
 
18      (c)  If the court determines that the child's family home is
 
19 a safe family home with the assistance of a service plan, the
 
20 court shall place the child and the child's family members who
 
21 are parties under the family supervision of an authorized agency,
 
22 return the child to the child's family home, and enter further
 
23 orders, including, but not limited to, restrictions upon the
 

 
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 1 rights and duties of the authorized agency, as the court deems to
 
 2 be in the best interests of the child.
 
 3      (d)  If the court determines that the child's family home is
 
 4 not a safe family home, even with the assistance of a service
 
 5 plan, the court shall vest foster custody of the child in an
 
 6 authorized agency and enter such further orders as the court
 
 7 deems to be in the best interests of the child.
 
 8      (e)  If the child's family home is determined not to be
 
 9 safe, even with the assistance of a service plan pursuant to
 
10 subsection (d), the court may, and if the child has been residing
 
11 without the family home for a period of [eighteen] twelve
 
12 consecutive months shall, set the case for a show cause hearing
 
13 as deemed appropriate by the court at which the child's family
 
14 shall have the burden of presenting evidence to the court
 
15 regarding such reasons and considerations as the family has to
 
16 offer as to why the case should not be set for a permanent plan
 
17 hearing.  Upon such show cause hearing as the court deems to be
 
18 appropriate, the court shall consider the criteria set forth in
 
19 section 587-73(a)(1), (2), and (4), and:
 
20      (1)  Set the case for a permanent plan hearing and order
 
21           that the authorized agency submit a report pursuant to
 
22           section 587-40; or
 
23      (2)  Proceed pursuant to this section.
 

 
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 1      (f)  Except as provided in subsection (e)(1), if the court
 
 2 does not terminate the court's jurisdiction, the court shall
 
 3 order in every case that the authorized agency make every
 
 4 reasonable effort, pursuant to section 587-40, to prepare a
 
 5 written service plan, as set forth in section 587-26.
 
 6      (g)  The court may continue the disposition hearing
 
 7 concerning the terms and conditions of the proposed service plan
 
 8 to a date within forty-five days from the date of the original
 
 9 disposition hearing, unless the court deems a later date to be in
 
10 the best interests of the child; provided that if the court is
 
11 convinced that a party has signed and fully understands and
 
12 accepts the service plan, the court may order that the service
 
13 plan shall constitute the service plan by court order concerning
 
14 such party and that the service plan be entered into evidence
 
15 with such party's presence being waived for good cause shown at
 
16 the continued disposition hearing.
 
17      (h)  Prior to ordering a service plan at the disposition or
 
18 continued disposition hearing, the court shall make a finding
 
19 that each term, condition, and consequence of the service plan
 
20 has been thoroughly explained to and is understood by each party
 
21 or a party's guardian ad litem; provided that the court need not
 
22 [order a service plan and may proceed pursuant to 587-72(c)(7)]
 
23 enter the findings if the court finds that aggravated
 

 
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 1 circumstances are present.
 
 2      (i)  After a hearing that the court deems to be appropriate,
 
 3 the court may order terms, conditions, and consequences to
 
 4 constitute a service plan as the court deems to be in the best
 
 5 interests of the child; provided that a copy of the service plan
 
 6 shall be incorporated as part of the order.  The court need not
 
 7 order a service plan [and may proceed pursuant to 587-72(c)(7)]
 
 8 if the court finds that aggravated circumstances are present.
 
 9      (j)  If the court makes a determination that aggravated
 
10 circumstances are present under this section, the court shall set
 
11 the case for a show cause hearing as deemed appropriate by the
 
12 court within thirty days.  At the show cause hearing, the child's
 
13 family shall have the burden of presenting evidence to the court
 
14 regarding the reasons and considerations as to why the case
 
15 should not be set for a permanent plan hearing.
 
16      [(j)] (k)  The court may order that any party participate
 
17 in, complete, be liable for, and make every good faith effort to
 
18 arrange payment for such services or treatment as are authorized
 
19 by law and are deemed to be in the best interests of the child.
 
20      [(k)] (l)  At any stage of the child protective proceedings,
 
21 the court may order that a child be examined by a physician,
 
22 surgeon, psychiatrist, or psychologist, and it may order
 
23 treatment by any of them of a child as is deemed to be in the
 

 
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 1 best interests of the child.  For either the examination or
 
 2 treatment, the court may place the child in a hospital or other
 
 3 suitable facility.
 
 4      [(l)] (m)  The court shall order reasonable supervised or
 
 5 unsupervised visitation rights to the child's family and to any
 
 6 person interested in the welfare of the child and that the
 
 7 visitation shall be in the discretion of an authorized agency and
 
 8 the child's guardian ad litem, unless it is shown that rights of
 
 9 visitation may be detrimental to the best interests of the child;
 
10 provided that the court need not order any visitation if the
 
11 court finds that aggravated circumstances are present.
 
12      [(m)] (n)  In any case that a permanent plan hearing is not
 
13 deemed to be appropriate, the court shall:
 
14      (1)  Make a finding that each party understands that unless
 
15           the family is willing and able to provide the child
 
16           with a safe family home, even with the assistance of a
 
17           service plan, within the reasonable period of time
 
18           specified in the service plan, their respective
 
19           parental and custodial duties and rights shall be
 
20           subject to termination; and
 
21      (2)  Set the case for a review hearing within six months."
 
22      SECTION 4.  Section 587-72, Hawaii Revised Statutes, is
 
23 amended as follows:
 

 
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 1      "587-72  Review hearings.(a)  Except for good cause
 
 2 shown, the court shall set each case for review hearing not later
 
 3 than six months after the date that a service plan is ordered by
 
 4 the court and, thereafter, the court shall set subsequent review
 
 5 hearings at intervals of no longer than six months until the
 
 6 court's jurisdiction has been terminated or the court has ordered
 
 7 a permanent plan and has set the case for a permanent plan review
 
 8 hearing; the court may set a case for a review hearing upon the
 
 9 motion of a party at any time if the hearing is deemed by the
 
10 court to be in the best interests of the child.
 
11      (b)  Notice of review hearings shall be served upon the
 
12 parties and upon the present foster parent or parents, each of
 
13 whom shall be entitled to participate in the proceedings as a
 
14 party.  Notice of the review hearing shall be served by the
 
15 department upon the present foster parent or parents no less than
 
16 forty-eight hours before the scheduled hearing.  No hearing shall
 
17 be held until the foster parent or parents are served.  For
 
18 purposes of this subsection, notice to foster parents may be
 
19 effected by hand delivery or by regular mail; and may consist of
 
20 the last court order, if it includes the date and time of the
 
21 hearing.
 
22      (c)  Upon each review hearing the court shall consider fully
 
23 all relevant prior and current information pertaining to the safe
 

 
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 1 family home guidelines, as set forth in section 587-25 including,
 
 2 but not limited to, the report submitted pursuant to section 587-
 
 3 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 set the
 
23           case for a show cause hearing at which the child's
 

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

 
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 1           and, if so, the court shall set the case for a show
 
 2           cause hearing [at which] as the court deems appropriate
 
 3           within thirty days.  At the show cause hearing, the
 
 4           child's family shall have the burden of presenting
 
 5           evidence to the court regarding the reasons and
 
 6           considerations as to why the case should not be set for
 
 7           a permanent plan hearing; and
 
 8      (8)  If the child has been residing outside the family home
 
 9           for twelve consecutive months, set the case for a show
 
10           cause hearing as deemed appropriate by the court.  At
 
11           the show cause hearing, the child's family shall have
 
12           the burden of presenting evidence to the court
 
13           regarding the reasons and considerations as to why the
 
14           case should not be set for a permanent plan hearing.
 
15      (d)  In any case that a permanent plan hearing is not deemed
 
16 to be appropriate, the court shall:
 
17      (1)  Make a finding that the parties understand that unless
 
18           the family is willing and able to provide the child
 
19           with a safe family home, even with the assistance of a
 
20           service plan, within the reasonable period of time
 
21           specified in the service plan, their respective
 
22           parental and custodial duties and rights shall be
 
23           subject to termination; and
 

 
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 1      (2)  Set the case for a review hearing within six months.
 
 2      (e)  If the child has been residing outside of the family
 
 3 home for an aggregate of fifteen out of the most recent twenty-
 
 4 two months, the department shall file a motion to set the matter
 
 5 for a permanent plan hearing unless:
 
 6      (1)  The child is being cared for by a relative;
 
 7      (2)  The department has documented in the safe family home
 
 8           guidelines prepared pursuant to section 587-25(a) a
 
 9           compelling reason why it would not be in the best
 
10           interests of the child to file a motion; or
 
11      (3)  The State has not provided to the family of the child,
 
12           consistent with the time period in the service plan,
 
13           such services as the department deems necessary for the
 
14           safe return of the child to the family home; provided
 
15           that nothing in this section shall prevent the
 
16           department from filing such a motion to set a permanent
 
17           plan hearing if the department has determined that the
 
18           criteria in section 587-73(a) are present."
 
19      SECTION 5.  Section 587-73, Hawaii Revised Statutes, is
 
20 amended by amending subsection (a) to read as follows:
 
21       "(a)  At the permanent plan hearing, the court shall
 
22 consider fully all relevant prior and current information
 
23 pertaining to the safe family home guidelines, as set forth in
 

 
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 1 section 587-25, including, but not limited to, the report or
 
 2 reports submitted pursuant to section 587-40, and determine
 
 3 whether there exists clear and convincing evidence that:
 
 4      (1)  The child's legal mother, legal father, adjudicated,
 
 5           presumed, or concerned natural father as defined under
 
 6           chapter 578 are not presently willing and able to
 
 7           provide the child with a safe family home, even with
 
 8           the assistance of a service plan;
 
 9      (2)  It is not reasonably foreseeable that the child's legal
 
10           mother, legal father, adjudicated, presumed, or
 
11           concerned natural father as defined under chapter 578
 
12           will become willing and able to provide the child with
 
13           a safe family home, even with the assistance of a
 
14           service plan, within a reasonable period of time which
 
15           shall not exceed [three] two years from the date upon
 
16           which the child was first placed under foster custody
 
17           by the court;
 
18      (3)  The proposed permanent plan will assist in achieving
 
19           the goal which is in the best interests of the child;
 
20           provided that the court shall presume that:
 
21           (A)  It is in the best interests of a child to be
 
22                promptly and permanently placed with responsible
 
23                and competent substitute parents and families in
 

 
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 1                safe and secure homes; and
 
 2           (B)  The presumption increases in importance
 
 3                proportionate to the youth of the child upon the
 
 4                date that the child was first placed under foster
 
 5                custody by the court; and
 
 6      (4)  If the child has reached the age of fourteen, the child
 
 7           is supportive of the permanent plan."
 
 8      SECTION 6.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 7.  This Act shall take effect on July 1, 1999. 
 
11 
 
12                           INTRODUCED BY:  _______________________
 

 
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