HRS 0587-0024 ANNOTATIONS

Where child protective service caseworker's seven-day delay in filing a court petition for temporary custody violated state law (pre-1998 amendment), the state law did not clearly establish a federal right at the time caseworker removed appellant's children. Neither the seven-day delay before obtaining post-deprivation judicial review, nor the seven-day delay before filing a court petition, violated appellant's federal due process rights. 141 F.3d 927.

Children's "rearrest" did not extend deadline for filing petition for temporary custody, thus defendant and department of human services exceeded period allotted for filing petition under this section (pre-1998 amendment) by approximately five days. 949 F. Supp. 1461.

Defendant entitled to qualified immunity because it was not clearly established law at the time that it would violate plaintiff's procedural due process rights to wait seven days to petition family court for order ratifying emergency custody over plaintiff's children. 949 F. Supp. 1461.