REPORT TITLE:
Review Hearings


DESCRIPTION:
The purpose of this bill is to clearly define when the Department
of Human Services (DHS) will begin to calculate the period that a
child has been in out-of-home placement.  (SB2849 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2849
THE SENATE                              S.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO REVIEW HEARINGS.



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

 1      SECTION 1.  Section 587-72, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "587-72  Review hearings.  (a)  Except for good cause
 
 4 shown, the court shall set each case for review hearing not later
 
 5 than six months after the date that a service plan is ordered by
 
 6 the court and, thereafter, the court shall set subsequent review
 
 7 hearings at intervals of no longer than six months until the
 
 8 court's jurisdiction has been terminated or the court has ordered
 
 9 a permanent plan and has set the case for a permanent plan review
 
10 hearing; the court may set a case for a review hearing upon the
 
11 motion of a party at any time if the hearing is deemed by the
 
12 court to be in the best interests of the child.
 
13      (b)  Notice of review hearings shall be served upon the
 
14 parties and upon the present foster parent or parents, each of
 
15 whom shall be entitled to participate in the proceedings as a
 
16 party.  Notice of the review hearing shall be served by the
 
17 department upon the present foster parent or parents no less than
 
18 forty-eight hours before the scheduled hearing.  No hearing shall
 
19 be held until the foster parent or parents are served.  For
 

 
Page 2                                                     2849
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 1 purposes of this subsection, notice to foster parents may be
 
 2 effected by hand delivery or by regular mail; and may consist of
 
 3 the last court order, if it includes the date and time of the
 
 4 hearing.
 
 5      (c)  Upon each review hearing the court shall consider fully
 
 6 all relevant prior and current information pertaining to the safe
 
 7 family home guidelines, as set forth in section 587-25, including
 
 8 but not limited to the report submitted pursuant to section 587-
 
 9 40, and:
 
10      (1)  Determine whether the child's family is presently
 
11           willing and able to provide the child with a safe
 
12           family home without the assistance of a service plan
 
13           and, if so, the court shall terminate jurisdiction;
 
14      (2)  Determine whether the child's family is presently
 
15           willing and able to provide the child with a safe
 
16           family home with the assistance of a service plan and,
 
17           if so, the court shall return the child or continue the
 
18           placement of the child in the child's family home under
 
19           the family supervision of the appropriate authorized
 
20           agency;
 
21      (3)  If the child's family home is determined, pursuant to
 
22           subsection (c)(2) not to be safe, even with the
 
23           assistance of a service plan, order that the child
 

 
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                                     S.B. NO.           H.D. 1
                                                        
                                                        

 
 1           remain or be placed under the foster custody of the
 
 2           appropriate authorized agency;
 
 3      (4)  Determine whether the parties have complied with,
 
 4           performed, and completed every term and condition of
 
 5           the service plan that was previously court ordered;
 
 6      (5)  Order revisions to the existing service plan, after
 
 7           satisfying section 587-71(h), as the court, upon a
 
 8           hearing that the court deems to be appropriate,
 
 9           determines to be in the best interests of the child;
 
10           provided that a copy of the revised service plan shall
 
11           be incorporated as part of the order;
 
12      (6)  Enter further orders as the court deems to be in the
 
13           best interests of the child;
 
14      (7)  Determine whether aggravated circumstances are present
 
15           and, if so, the court shall set the case for a show
 
16           cause hearing as the court deems appropriate within
 
17           thirty days.  At the show cause hearing, the child's
 
18           family shall have the burden of presenting evidence to
 
19           the court regarding the reasons and considerations as
 
20           to why the case should not be set for a permanent plan
 
21           hearing; and
 
22      (8)  If the child has been residing outside the family home
 
23           for twelve consecutive months[,] from the initial date
 

 
Page 4                                                     2849
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 1           of entry into out-of-home care, set the case for a show
 
 2           cause hearing as deemed appropriate by the court.  At
 
 3           the show cause hearing, 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      (d)  In any case that a permanent plan hearing is not deemed
 
 8 to be appropriate, the court shall:
 
 9      (1)  Make a finding that the parties understand that unless
 
10           the family is willing and able to provide the child
 
11           with a safe family home, even with the assistance of a
 
12           service plan, within the reasonable period of time
 
13           specified in the service plan, their respective
 
14           parental and custodial duties and rights shall be
 
15           subject to termination; and
 
16      (2)  Set the case for a review hearing within six months.
 
17      (e)  If the child has been residing outside of the family
 
18 home for an aggregate of fifteen out of the most recent twenty-
 
19 two months[,] from the initial date of entry into out-of-home
 
20 care, the department shall file a motion to set the matter for a
 
21 permanent plan hearing unless:
 
22      (1)  The department has documented in the safe family home
 
23           guidelines prepared pursuant to section 587-25(a), a
 

 
Page 5                                                     2849
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 1           compelling reason why it would not be in the best
 
 2           interests of the child to file a motion; or
 
 3      (2)  The State has not provided to the family of the child,
 
 4           consistent with the time period in the service plan,
 
 5           such services as the department deems necessary for the
 
 6           safe return of the child to the family home;
 
 7 provided that nothing in this section shall prevent the
 
 8 department from filing such a motion to set a permanent plan
 
 9 hearing if the department has determined that the criteria in
 
10 section 587-73(a) are present."
 
11      SECTION 2.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 3.  This Act shall take effect on July 1, 2000.