HOUSE OF REPRESENTATIVES

H.B. NO.

2340

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CRIMINAL HISTORY RECORDS CHECKS UNDER THE CHILD PROTECTIVE ACT.

 

 

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

 


     SECTION 1.  The purpose of this Act is to amend the Child Protective Act, chapter 587A, Hawaii Revised Statutes, to allow the department of human services to conduct initial and periodic criminal history records checks of alleged perpetrators of child abuse or neglect, and all individuals who may reside in the same household with the alleged child victim, to better identify and address immediate and potential safety and risk factors.

     SECTION 2.  Chapter 587A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§587A-    Authority to conduct criminal history records checks without consent.  When an assessment is required pursuant to this chapter, the department is authorized to conduct criminal history record checks, without consent, of an alleged perpetrator of harm or threat of harm and all adult household members to ensure the safety of the child."

     SECTION 3.  Section 587A-9, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

     "[[]§587A-9[]]  Temporary foster custody without court order.  (a)  When the department receives protective custody of a child from the police, the department shall:

     (1)  Assume temporary foster custody of the child if, in the discretion of the department, the department determines that the child is subject to imminent harm while in the custody of the child's family;

     (2)  Make every reasonable effort to inform the child's parents of the actions taken, unless doing so would put another person at risk of harm;

     (3)  Unless the child is admitted to a hospital or similar institution, place the child in emergency foster care while the department conducts an appropriate investigation, with placement preference being given to an approved relative;

     (4)  With authorized agencies, make reasonable efforts to identify and notify all relatives within thirty days of assuming temporary foster custody of the child; and

     (5)  Within three days, excluding Saturdays, Sundays, and holidays:

         (A)  Relinquish temporary foster custody, return the child to the child's parents, and proceed pursuant to section [587A-11(3),] 587A-11(4), [or] 587A-11(5)[;], or 587A-11(6);

         (B)  Secure a voluntary placement agreement from the child's parents to place the child in foster care, and proceed pursuant to section [587A-11(5) or 587A-11(7);] 587A-11(6) or 587A-11(8); or

         (C)  File a petition with the court."

     SECTION 4.  Section 587A-11, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§587A-11[]]  Investigation; department powers.  Upon receiving a report that a child is subject to imminent harm, has been harmed, or is subject to threatened harm, and when an assessment is required by this chapter, the department shall cause such investigation to be made as it deems to be appropriate.  In conducting the investigation, the department may:

     (1)  Enlist the cooperation and assistance of appropriate state and federal law enforcement authorities, who may conduct an investigation and, if an investigation is conducted, shall provide the department with all preliminary findings, including the results of a criminal history record check of an alleged perpetrator of harm or threatened harm to the child;

     (2)  Conduct a criminal history record check of an alleged perpetrator and all adults living in the family home to ensure the safety of the child, with or without consent;

    [(2)] (3)  Interview the child without the presence or prior approval of the child's family and temporarily assume protective custody of the child for the purpose of conducting the interview;

    [(3)] (4)  Resolve the matter in an informal fashion that it deems appropriate under the circumstances;

    [(4)] (5)  Close the matter if the department finds, after an assessment, that the child is residing with a caregiver who is willing and able to meet the child's needs and provide a safe and appropriate placement for the child;

    [(5)] (6)  Immediately enter into a service plan:

         (A)  To safely maintain the child in the family home; or

         (B)  To place the child in voluntary foster care pursuant to a written agreement with the child’s parent.

          If the child is placed in voluntary foster care and the family does not successfully complete the service plan within three months after the date on which the department assumed physical custody of the child, the department shall file a petition.  The department is not required to file a petition if the parents agree to adoption or legal guardianship of the child and the child's safety is ensured; provided that the adoption or legal guardianship hearing is conducted within six months of the date on which the department assumed physical custody of the child;

    [(6)] (7)  Assume temporary foster custody of the child and file a petition with the court within three days, excluding Saturdays, Sundays, and holidays, after the date on which the department assumes temporary foster custody of the child, with placement preference being given to an approved relative; or

    [(7)] (8)  File a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter."

     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.

 



Report Title:

Child Protective Act; Criminal History Records Checks

 

Description:

Amends the Child Protective Act so that when an assessment is required, the Department of Human Services is authorized to conduct criminal history record checks without the consent of an alleged perpetrator of harm or threat of harm and all adult household members living in the family home with the alleged victim child.  (SD1)

 

 

 

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