Requires the department of human services to make a good faith effort to locate, identify, and interview extended family members for possible foster custody placement of a child and to set forth the procedures used and steps taken in this regard in the dependency petition.

A BILL FOR AN ACT

SECTION 1. The legislature finds that when a child is removed from the family and placed in foster custody, the department of human services is not required by law to perform a diligent search to locate relatives of the child for the purpose of placement despite the family's desire.

The purpose of this Act is to require the department of human services to make a good faith effort to locate relatives of a child who is about to be placed in foster care for the purpose of assessing the feasibility of placing the child into the foster custody of a member of that extended family.

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

"§587-    Foster custody; placement with extended family; required procedures. (a) Except as described in subsection (f), upon assuming temporary foster custody of a child under this chapter, the department shall make a good faith effort to locate and identify members of the child's extended family to assess the feasibility of placing the child into the foster custody of a member of that extended family.

To meet the good faith requirement, the department shall:

(b) The department shall make increased use of ohana conferences and other appropriate case consultations to engage extended family members in reunification efforts, permanency planning, and placement decisions. Ohana conferences and other case consultations shall occur after a child is placed in foster custody, if the department determines that the child is likely to remain in foster custody for more than sixty days and potential relatives in the extended family are available for out-of-home placement.

(c) The department shall establish a process for ongoing contact with members of the child's extended family who express interest in being considered as a placement resource for the child.

(d) If the department decides not to place the child in the foster custody of a relative, the department shall provide documentation as part of the department's safe family home report that clearly identifies the rationale for the decision and corrective action or actions the relative must take to be considered as a viable placement option within the limits of existing statutes and federal requirements.

(e) Nothing in this section shall be construed to create an entitlement to services or to create judicial authority to order the provision of services to any person or family if the services are unavailable or unsuitable, or the child or family is not eligible for the services.

(f) This section shall not apply to, and shall not be construed to interfere with, a police officer assuming protective custody of a child without a court order or transferring protective custody of the child to the department under section 587-22."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.