Report Title:

Child Welfare Services

Description:

Clarifies that DHS require a parent, legal custodian, guardian, or caregiver, in cases where appropriate, to participate in diversion and other supportive services, in lieu of taking custody of a child. (SD1)

THE SENATE

S.B. NO.

2933

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CHILD WELFARE SERVICES.

 

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

SECTION 1. The federal Child and Family Services Review of Hawaii's child welfare system recommends the use of culturally sensitive, family strengthening diversion and other supportive services to improve the safety and well-being of children and families. These changes will comply with the Child and Family Services Review's recommendations by clarifying that our local custom of care giving of children outside of the family home by relatives and friends and other diversion and supportive services are, where appropriate, available to the department and the court in lieu of taking custody of children. This will ensure that the child is not taken into custody unnecessarily and preserve the relationships that are important to the child's well-being.

SECTION 2. Section 587-2, Hawaii Revised Statutes, is amended as follows:

1. By adding three new definitions to be appropriately inserted and to read:

″″Caregiver″ means an adult who is not the child's legal and physical custodian but with whom a child has been residing with the verbal or written consent of the child's legal and physical custodian that is not pursuant to a voluntary placement agreement with the department or by court order.

"Diversion services" means any community support services in lieu of the department's direct services.

″Safe home″ means a home outside of the family home where a child has resided with the verbal or written consent of the child's legal and physical custodian, and the written consent is not pursuant to a voluntary placement agreement with the department or by court order, and where an adult other than the child's legal and physical custodian has demonstrated willingness and ability to provide a home where the child is not subject to harm or threatened harm as determined by the department.?

2. By amending the definition of "harm" to read:

""Harm" to a child's physical or psychological health or welfare occurs in a case where there exists evidence of injury, including, but not limited to:

(1) Any case where the child exhibits evidence of:

(A) Substantial or multiple skin bruising or any other internal bleeding,

(B) Any injury to skin causing substantial bleeding,

(C) Malnutrition,

(D) Failure to thrive,

(E) Burn or burns,

(F) Poisoning,

(G) Fracture of any bone,

(H) Subdural hematoma,

(I) Soft tissue swelling,

(J) Extreme pain,

(K) Extreme mental distress,

(L) Gross degradation, or

(M) Death, and

the injury is not justifiably explained, or where the history given concerning the condition or death is at variance with the degree or type of the condition or death, or circumstances indicate that the condition or death may not be the product of an accidental occurrence;

(2) Any case where the child has been the victim of sexual contact or conduct, including, but not limited to, rape, sodomy, molestation, sexual fondling, incest, prostitution; obscene or pornographic photographing, filming, or depiction; or other similar forms of sexual exploitation;

(3) Any case where there exists injury to the psychological capacity of a child as is evidenced by a substantial impairment in the child's ability to function;

(4) Any case where the child is not provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision[;], and the parent, legal custodian, guardian, or caregiver is non-compliant with any diversion services or other supportive services or has otherwise failed to demonstrate the ability to provide for the child's safety as determined by the department; or

(5) Any case where the child is provided with dangerous, harmful, or detrimental drugs as defined by section 712-1240; however, this paragraph shall not apply to a child's family who provide the drugs to the child pursuant to the direction or prescription of a practitioner, as defined in section 712-1240."

3. By amending the definition of "threatened harm" to read:

""Threatened harm" means any reasonably foreseeable substantial risk of harm to a child with due consideration being given to the age of the child and to the safe family home guidelines, as set forth in section 587-25[.], and the parent, legal custodian, guardian, or caregiver is non-compliant with any diversion services or other supportive services or has otherwise failed to demonstrate the ability to provide for the child's safety as determined by the department."

SECTION 3. Section 587-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Upon satisfying itself as to the course of action that should be pursued to best accord with the purpose of this chapter, the department shall:

(1) Close the matter if the child is residing with an appropriate caregiver who is willing and able to provide a safe home for the child;

[(1)] (2) Resolve the matter in an informal fashion appropriate under the circumstances[;] including, but not limited to, referring the child and family to a state or community resource that provides the assistance needed to address the problems in the family home;

[(2)] (3) Seek to enter into a service plan, without filing a petition in court, with members of the child's family and other authorized agency as the department deems necessary to the success of the service plan, including but not limited to, the member or members of the child's family who have legal custody of the child. The service plan may include an agreement with the child's family to voluntarily place the child in the foster custody of the department or other authorized agency, or to place the child and the necessary members of the child's family under the family supervision of the department or other authorized agency; provided that if a service plan is not successfully completed within six months, the department shall file a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter and the case shall be reviewed as is required by federal law;

[(3)] (4) Assume temporary foster custody of the child pursuant to section 587-24(a) and file a petition with the court under this chapter within three working days, excluding Saturdays, Sundays, and holidays, after the date of the department's assumption of temporary foster custody of the child; or

[(4)] (5) File a petition or [ensure that a petition is filed by] refer the matter to another appropriate authorized agency who may file a petition for jurisdiction of the child in court under this chapter."

SECTION 4. Section 587-22, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A police officer shall assume protective custody of the child without a court order and without the consent of the child's family regardless of whether the child's family is absent, if in the discretion of the police officer, the child is in such circumstance or condition that the child's continuing in the custody or care of the child's family presents a situation of imminent harm to the child.

A police officer may assume protective custody of the child without a court order and without the consent of the child's family regardless of whether the child's family is absent, if in the discretion of the police officer:

(1) The child has no legal custodian who is willing and able to provide a safe family home for the child[;] or an appropriate caregiver who is willing and able to provide a safe home for the child; or

(2) There is evidence that the parent [or], legal guardian, or caregiver of the child has subjected the child to harm or threatened harm and that the parent or legal guardian is likely to flee the jurisdiction of the court with the child."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.