REPORT TITLE:
Child Protection


DESCRIPTION:
Requires mandatory reporters to report child abuse to DHS and the
police departments.  Requires permanency planning within twelve
months of a child's placement in foster care. (HB1437 HD1)

 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1437
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO CHILD PROTECTION.



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

 1      SECTION 1.  Section 350-1.1, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Notwithstanding any other state law concerning
 
 4 confidentiality to the contrary, the following persons who, in
 
 5 their professional or official capacity, have reason to believe
 
 6 that child abuse or neglect has occurred or that there exists a
 
 7 substantial risk that child abuse or neglect may occur in the
 
 8 reasonably foreseeable future, shall immediately report the
 
 9 matter orally to the department [or] and to the police
 
10 department:
 
11      (1)  Any licensed or registered professional of the healing
 
12           arts and any health-related occupation who examines,
 
13           attends, treats, or provides other professional or
 
14           specialized services including[,] but not limited to[,]
 
15           physicians, including physicians in training,
 
16           psychologists, dentists, nurses, osteopathic physicians
 
17           and surgeons, optometrists, chiropractors, podiatrists,
 
18           pharmacists, and other health-related professionals;
 

 


Page 2                                                     1437
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  Employees or officers of any public or private school;
 
 2      (3)  Employees or officers of any public or private agency
 
 3           or institution, or other individuals, providing social,
 
 4           medical, hospital, or mental health services, including
 
 5           financial assistance;
 
 6      (4)  Employees or officers of any law enforcement agency
 
 7           including[,] but not limited to[,] the courts, police
 
 8           departments, correctional institutions, and parole or
 
 9           probation offices;
 
10      (5)  Individual providers of child care, or employees or
 
11           officers of any licensed or registered child care
 
12           facility, foster home, or similar institution;
 
13      (6)  Medical examiners or coroners; and
 
14      (7)  Employees of any public or private agency providing
 
15           recreational or sports activities."
 
16      SECTION 2.  Section 587-72, Hawaii Revised Statutes, is
 
17 amended by amending subsection (c) to read as follows:
 
18      "(c)  Upon each review hearing, the court shall consider
 
19 fully all relevant prior and current information pertaining to
 
20 the safe family home guidelines, as set forth in section 587-25,
 
21 including[,] but not limited to[,] the report submitted pursuant
 
22 to section 587-40, and:
 

 


Page 3                                                     1437
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (1)  Determine whether the child's family is presently
 
 2           willing and able to provide the child with a safe
 
 3           family home without the assistance of a service plan
 
 4           and, if so, the court shall terminate jurisdiction;
 
 5      (2)  Determine whether the child's family is presently
 
 6           willing and able to provide the child with a safe
 
 7           family home with the assistance of a service plan and,
 
 8           if so, the court shall return the child or continue the
 
 9           placement of the child in the child's family home under
 
10           the family supervision of the appropriate authorized
 
11           agency;
 
12      (3)  If the child's family home is determined, pursuant to
 
13           subsection (c)(2), not to be safe, even with the
 
14           assistance of a service plan, order that the child
 
15           remain or be placed under the foster custody of the
 
16           appropriate authorized agency; if the child has been
 
17           residing without the family home for a period of twelve
 
18           months or if there has been a [court ordered] court-
 
19           ordered service plan for a period of one year, the
 
20           court [may] shall set the case for a show cause hearing
 
21           at which the child's family shall have the burden of
 
22           presenting evidence to the court regarding the reasons
 
23           and considerations as the family has to offer as to why
 

 


Page 4                                                     1437
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           the case should not be set for a permanent plan
 
 2           hearing.  Upon a show cause hearing that the court
 
 3           deems to be appropriate, the court shall consider the
 
 4           criteria set forth in section 587-73(a)(1), (2), and
 
 5           (4), or section 587-73(e), and:
 
 6           (A)  Set the case for a permanent plan hearing and
 
 7                order that the authorized agency submit a report
 
 8                pursuant to section 587-40; or
 
 9           (B)  Proceed pursuant to this section;
 
10      (4)  Determine whether the parties have complied with,
 
11           performed, and completed every term and condition of
 
12           the service plan that was previously court ordered;
 
13      (5)  Order revisions to the existing service plan, after
 
14           satisfying section 587-71(h), as the court, upon a
 
15           hearing that the court deems to be appropriate,
 
16           determines to be in the best interests of the child;
 
17           provided that a copy of the revised service plan shall
 
18           be incorporated as part of the order;
 
19      (6)  Enter further orders as the court deems to be in the
 
20           best interests of the child; and
 
21      (7)  Determine whether aggravated circumstances are present
 
22           and, if so, the court shall set the case for a show
 
23           cause hearing at which the child's family shall have
 

 


Page 5                                                     1437
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           the burden of presenting evidence to the court
 
 2           regarding the reasons and considerations as to why the
 
 3           case should not be set for a permanent plan hearing."
 
 4      SECTION 3.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval.