THE SENATE

S.B. NO.

2598

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE DEPARTMENT OF HUMAN SERVICES.

 

 

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

 


SECTION 1. Section 587A-8, Hawaii Revised Statutes, is amended to read as follows:

"[[]587A-8[]] Protective custody by police officer without court order. (a) A police officer shall assume protective custody of a child without a court order and without the consent of the child's family, if in the discretion of the police officer, the officer determines that:

(1) The child is subject to imminent harm while in the custody of the child's family;

(2) The child has no parent, as defined in this chapter, who is willing and able to provide a safe family home for the child;

(3) The child has no caregiver, as defined in this chapter, who is willing and able to provide a safe and appropriate placement for the child; or

(4) The child's parent has subjected the child to harm or threatened harm and the parent is likely to flee with the child.

(b) The department shall assume temporary foster custody of the child when a police officer has completed the transfer of protective custody of the child to the department as follows:

(1) A police officer who assumes protective custody of a child shall complete transfer of protective custody to the department by presenting physical custody of the child to the department; or

(2) If the child is or will be admitted to a hospital or similar institution, the police officer shall immediately complete the transfer of protective custody to the department by notifying the department and receiving an acknowledgment from the hospital or similar institution that it has been informed that the child is under the temporary foster custody of the department.

(c) In the event that the police and the department differ in opinion as to whether a child should be removed into custody with the police or the department, the final decision shall rest on the party that believes the child should be removed."

SECTION 2. Section 587A-9, Hawaii Revised Statutes, is amended to read as follows:

"587A-9 Temporary foster custody without court order. (a) The department shall assume temporary foster custody of a child without a court order and without the consent of the child's family, if in the discretion of the department, the department determines that:

(1) The child is subject to imminent harm while in the custody of the child's family;

(2) The child has no parent, as defined in this chapter, who is willing and able to provide a safe family home for the child;

(3) The child has no caregiver, as defined in this chapter, who is willing and able to provide a safe and appropriate placement for the child; or

(4) The child's parent has subjected the child to harm or threatened harm and the parent is likely to flee with the child.

[(a)] (b) When the department receives protective custody of a child from the police[,] pursuant to section 587A-8, the department shall[:

(1) Assume] 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[;].

(c) When the department receives protective custody of a child from the police pursuant to section 587A-8 or assumes temporary foster custody pursuant to subsection (a), the department shall:

[(2)] (1) 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)] (2) 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)] (3) 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)] (4) 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(4), (5), or (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(6) or (8); or

(C) File a petition with the court.

[(b)] (d) Upon the request of the department and without regard to parental consent, any physician licensed or authorized to practice medicine in the State shall perform an examination to determine the nature and extent of harm or threatened harm to the child under the department's temporary foster custody.

(e) In the event that the police and the department differ in opinion as to whether a child should be removed into custody with the police or the department, the final decision shall rest on the party that believes the child should be removed."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Department of Human Services; Child Welfare Services; Temporary Foster Custody; Children; Imminent Harm; Police Department

 

Description:

Authorizes the department of human services to assume temporary foster custody of a child without a court order and without the consent of the child's parents in specific circumstances where there is a risk of imminent harm to the child. Leaves final determination of whether a child should be removed into custody with the party who believe the child should be removed.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.