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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE PERMANENT PLAN HEARING.



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

 1      SECTION 1.  Section 587-73, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "587-73  Permanent plan hearing.  (a)  At the permanent
 
 4 plan hearing, the court shall consider fully all relevant prior
 
 5 and current information pertaining to the safe family home
 
 6 guidelines, as set forth in section 587-25, including but not
 
 7 limited to the report or reports submitted pursuant to section
 
 8 587-40, and determine whether there exists clear and convincing
 
 9 evidence that:
 
10      (1)  The child's legal mother, legal father, adjudicated,
 
11           presumed, or concerned natural father as defined under
 
12           chapter 578 are not presently willing and able to
 
13           provide the child with a safe family home, even with
 
14           the assistance of a service plan;
 
15      (2)  It is not reasonably foreseeable that the child's legal
 
16           mother, legal father, adjudicated, presumed, or
 
17           concerned natural father as defined under chapter 578
 
18           will become willing and able to provide the child with
 
19           a safe family home, even with the assistance of a
 

 
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 1           service plan, within a reasonable period of time which
 
 2           shall not exceed two years from the date upon which the
 
 3           child was first placed under foster custody by the
 
 4           court;
 
 5      (3)  The proposed permanent plan will assist in achieving
 
 6           the goal which is in the best interests of the child;
 
 7           provided that the court shall presume that:
 
 8           (A)  It is in the best interests of a child to be
 
 9                promptly and permanently placed with responsible
 
10                and competent substitute parents and families in
 
11                safe and secure homes; and
 
12           (B)  The presumption increases in importance
 
13                proportionate to the youth of the child upon the
 
14                date that the child was first placed under foster
 
15                custody by the court; and
 
16      (4)  If the child has reached the age of fourteen, the child
 
17           [is supportive of the permanent plan.] consents to the
 
18           permanent plan, unless the court, after consulting with
 
19           the child in camera, finds that it is in the best
 
20           interest of the child to dispense with the child's
 
21           consent.
 
22      (b)  If the court determines that the criteria set forth in
 
23 subsection (a) are established by clear and convincing evidence,
 

 
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 1 the court shall order:
 
 2      (1)  That the existing service plan be terminated and that
 
 3           the prior award of foster custody be revoked;
 
 4      (2)  That permanent custody be awarded to an appropriate
 
 5           authorized agency;
 
 6      (3)  That an appropriate permanent plan be implemented
 
 7           concerning the child whereby the child will:
 
 8           (A)  Be adopted pursuant to chapter 578; provided that
 
 9                the court shall presume that it is in the best
 
10                interests of the child to be adopted, unless the
 
11                child is or will be in the home of family or a
 
12                person who has become as family and who for good
 
13                cause is unwilling or unable to adopt the child
 
14                but is committed to and is capable of being the
 
15                child's guardian or permanent custodian;
 
16           (B)  Be placed under guardianship pursuant to chapter
 
17                560; or
 
18           (C)  Remain in permanent custody until the child is
 
19                subsequently adopted, placed under a guardianship,
 
20                or reaches the age of majority, and that such
 
21                status shall not be subject to modification or
 
22                revocation except upon a showing of extraordinary
 
23                circumstances to the court;
 

 
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 1      (4)  That such further orders as the court deems to be in
 
 2           the best interests of the child, including, but not
 
 3           limited to, restricting or excluding unnecessary
 
 4           parties from participating in adoption or other
 
 5           subsequent proceedings, be entered; and
 
 6      (5)  Until adoption or guardianship is ordered, that each
 
 7           case be set for a permanent plan review hearing not
 
 8           later than one year after the date that a permanent
 
 9           plan is ordered by the court, or sooner if required by
 
10           federal law, and thereafter, that subsequent permanent
 
11           plan review hearings be set not later than each year,
 
12           or sooner if required by federal law; provided that at
 
13           each permanent plan review hearing, the court shall
 
14           review the existing permanent plan and enter such
 
15           further orders as are deemed to be in the best
 
16           interests of the child.
 
17      (c)  If the court determines that the criteria set forth in
 
18 subsection (a) are not established by clear and convincing
 
19 evidence, the court shall order that:
 
20      (1)  The permanent plan hearing be continued for a
 
21           reasonable period of time not to exceed six months from
 
22           the date of the continuance or the case be set for a
 
23           review hearing within six months;
 

 
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 1      (2)  The existing service plan be revised as the court, upon
 
 2           such hearing as the court deems to be appropriate and
 
 3           after ensuring that the requirement of section 587-
 
 4           71(h) is satisfied, determines to be in the best
 
 5           interests of the child; provided that a copy of the
 
 6           revised service plan shall be incorporated as part of
 
 7           the order;
 
 8      (3)  The authorized agency submit a written report pursuant
 
 9           to section 587-40; and
 
10      (4)  Such further orders as the court deems to be in the
 
11           best interests of the child be entered.
 
12      (d)  At the continued permanent plan hearing, the court
 
13 shall proceed pursuant to subsections (a), (b), and (c) until
 
14 such date as the court determines that:
 
15      (1)  There is sufficient evidence to proceed pursuant to
 
16           subsection (b); or
 
17      (2)  The child's family is willing and able to provide the
 
18           child with a safe family home, even with the assistance
 
19           of a service plan, upon which determination the court
 
20           may:
 
21           (A)  Revoke the prior award of foster custody to the
 
22                authorized agency and return the child to the
 
23                family home;
 

 
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 1           (B)  Terminate jurisdiction;
 
 2           (C)  Award family supervision to an authorized agency;
 
 3           (D)  Order such revisions to the existing service plan
 
 4                as the court, upon such hearing as the court deems
 
 5                to be appropriate and after ensuring that the
 
 6                requirement of section 587-71(h) is satisfied,
 
 7                determines to be in the best interests of the
 
 8                child; provided that a copy of the revised service
 
 9                plan shall be incorporated as part of the order;
 
10           (E)  Set the case for a review hearing within six
 
11                months; and
 
12           (F)  Enter such further orders as the court deems to be
 
13                in the best interests of the child.
 
14      [(e)  The court shall order a permanent plan for the child
 
15 within three years of the date upon which the child was first
 
16 placed under foster custody by the court, if the child's family
 
17 is not willing and able to provide the child with a safe family
 
18 home, even with the assistance of a service plan.]"
 
19      SECTION 2.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 3.  This Act shall take effect on July 1, 2000. 
 
22 
 
23                           INTRODUCED BY:  _______________________
 

 
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