HOUSE OF REPRESENTATIVES |
H.B. NO. |
2527 |
TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to foster care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 587A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§587A- Rights of children in foster care. (a)
The department or an authorized agency shall ensure that a child in
foster care will:
(1) Live in a safe and healthy home, free from
physical, psychological, sexual, and other abuse;
(2) Receive adequate food, shelter, and
clothing;
(3) Receive adequate medical care, dental
services, corrective vision care, and mental health services;
(4) Be enrolled in a comprehensive health
insurance plan and, within forty-five days of out-of-home placement, be
provided with a comprehensive health assessment and recommended treatment;
(5) Have regular supervised or unsupervised in-person, telephone, or other forms of contact with the child's parents and siblings while the child is in foster care, unless the contact is either prohibited by court order or is deemed to be unsafe by the child’s department of human services child welfare services worker, therapist, guardian ad litem, or court appointed special advocate. Withholding visitation shall not be used as punishment. If the department or authorized agency denies supervised or unsupervised visits with the child’s parents or siblings:
(A) If all parties, including the child, agree
to the denial of the visits, the department or authorized agency shall submit a
written report to the court within five working days to document the reasons
why the visits are being denied; or
(B) If
any party, including the child, disagrees with the denial of the visits, the department
or authorized agency shall file a motion for immediate review within five
working days and the motion must include the specific reasons why visits are
being denied;
(6) Receive notice of court hearings and if the
child wishes to attend the hearings, to ensure that the child is transported to
the court hearings;
(7) Have in-person contact with the child's
assigned child welfare services worker;
(8) Have the ability to exercise the child's
own religious beliefs, including the refusal to attend any religious activities
and services;
(9) Have a personal bank account if requested,
and assistance in managing the child's personal income consistent with the
child's age and development, unless safety or other concerns require otherwise;
(10) Be able to participate in extracurricular,
enrichment, cultural, and social activities; provided that if a child caring
institution or resource caregiver authorizes the participation, it must be in
accordance with the reasonable and prudent parenting standard, as defined in title
42 United States Code section 675(10)(A);
(11) Beginning at age twelve, be provided with
age-appropriate life skills training and a transition plan for appropriately
moving out of the foster care system which also includes reunification or other
permanency, as well as written information concerning independent living
programs, foster youth organizations, and transitional planning services that
are available to all children in foster care who are twelve years of age or
older and their resource families;
(12) Have the right to be involved in developing
a case plan and planning for the child’s future, if the child is fourteen years
of age or older;
(13) If the child is fourteen years of age or
older, receive the child's credit report, free of charge, annually during the
child’s time in foster care and receive assistance with interpreting the report
and resolving inaccuracies including, when feasible, assistance from the
child’s guardian ad litem; and
(14) If the child has been in foster care for
more than six months, and is aging out of care, receive assistance in obtaining
certain personal records such as an official or certified copy of the child's
United States birth certificate, a Social Security card issued by the
Commissioner of Social Security, health insurance information, a copy of the
child's medical records, and or information to access the child’s medical
records, a driver’s license or state identification card issued by the State in
accordance with the requirements of the Real ID Act of 2005, Pub. L. 109–13,
119 Stat. 302.
(b)
A child in foster care also has the following additional rights:
(1) To be treated fairly and equally and
receive care and services that are culturally responsive and free from
discrimination based on race, ethnicity, color, national origin, ancestry,
immigration status, gender, gender identity, gender expression, sexual
orientation, religion, physical and mental disability, pregnant or parenting
status, or the fact that the child is in foster care;
(2) To meet with and speak to the presiding
judge in the child's case;
(3) To have regular in person contact with the
child's court appointed guardian ad litem, court appointed special advocate, or
probation officer;
(4) To ask for an attorney, if the child's
opinions and requests differ from those being advocated by the guardian ad litem
pursuant to section 587A-16(c)(6);
(5) To attend school and to remain in the
child’s school of origin unless determined to not be in the child’s best
interest, and to be provided cost-effective transportation to be maintained in
the child’s school of origin. If the
child changes school during a school year, then the child should be enrolled
immediately in the new school; and
(6) To receive educational records to the same
extent as all other students.
(c) Sua sponte or upon appropriate motion, the family court may issue any necessary orders to any party, including the department, department of education, department of health, the guardian ad litem, court appointed special advocate, or probation officer to ensure the child is provided with the rights enumerated in subsections (a) and (b) above."
SECTION 2. Section 587A-3, Hawaii Revised Statutes, is repealed.
["§587A-3 Guiding principles for children in foster
care. (a) The department or an authorized agency, as
resource family or permanent custodian, shall abide by the following guiding
principles and ensure that a child in foster care:
(1) Lives in a safe
and healthy home, free from physical, psychological, sexual, and other abuse;
(2) Has adequate:
(A) Food
that is nutritious and healthy;
(B) Clothing;
(C) Medical
care, dental and orthodontic services, and corrective vision care; and
(D) Mental
health services;
(3) Has supervised
or unsupervised in-person, telephone, or other forms of contact with the
child's parents and siblings while the child is in foster care, unless
prohibited by court order;
(4) Has in-person
contact with the child's assigned child protective services worker, guardian ad
litem, and if applicable, the child's probation officer;
(5) Meets with the
presiding judge in the child's case;
(6) Is enrolled in
a comprehensive health insurance plan and, within forty-five days of
out-of-home placement, is provided with a comprehensive health assessment and
treatment as recommended;
(7) May freely
exercise the child's own religious beliefs, including the refusal to attend any
religious activities and services;
(8) Has a personal
bank account and assistance in managing the child's personal income consistent
with the child's age and development, unless safety or other concerns require
otherwise;
(9) Has the right
to attend school and, if the child is moved during a school year, has the right
to complete the school year at the same school, if practicable;
(10) Beginning at
age twelve, is provided with age-appropriate life skills training and a
transition plan for appropriately moving out of the foster care system, as well
as written information concerning independent living programs, foster youth
organizations, transitional planning services, and independent living case
management programs that are available to all children in foster care who are
twelve years of age or older and their resource families; and
(11) May participate
in extracurricular, enrichment, cultural, and social activities; provided that
the child caring institution or resource caregiver authorizes the participation
in accordance with the reasonable and prudent parent standard as defined in
title 42 United States Code section 675(10)(A).
(b) Sua sponte or upon appropriate motion, the
family court may issue any necessary orders to any party, including the
department, department of education, or department of health, to ensure
adherence to the guiding principles enumerated in subsection (a) above."]
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Foster Care; Rights of Children in Foster Care
Description:
Replaces the guiding principles for children in foster care with the rights of children in foster care.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.