HB1856

Report Title:

Temporary Foster Custody; Child Placement; Kin

Description:

Sets forth the procedures for placement of a child who is in temporary foster custody with kin or non-kin foster parents.

HOUSE OF REPRESENTATIVES	H.B. NO.	1856
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII

A BILL FOR AN ACT

relating to child protection.

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

SECTION 1. Chapter 587, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§587- Foster custody; placement with kin of the family. (a) If a child is removed from the family home because of harm, every reasonable effort shall be made to place the child with fit and willing kin of the family to continue the family bond. If fit and willing kin cannot be located, the child may be placed with licensed and trained non-kin foster parents. In consideration of the child, all subsequent placement decisions, including permanent placement decisions, shall consider the degree and nature of attachment and bonding with the current kin or non-kin foster caregivers.

(b) For purposes of this section:

"Attachment" means a child's deep bond or deep, persistent emotional relationship with a non-interchangeable single caregiver, such that:

(1) The child has an affectional tie with the caregiver;

(2) The child wishes to maintain proximity or contact with the caregiver;

(3) The child seeks security and comfort in the child's relationship with the caregiver; and

(4) The child feels sadness or distress upon involuntary separation from the caregiver.

"Bonding" means the emotional relationship between the child and an adult effected through close association.

"Kin" includes:

(1) The child's maternal and paternal relatives;

(2) The child's adult siblings;

(3) Individuals not biologically or legally related to the family, including but not limited to, family friends, caregivers, or a faith leader; provided that the individual is perceived to be family by the child and the child's family members; and

(4) A non-kin foster caregiver; provided that the child has become attached to or has bonded with that caregiver.

§587- Temporary foster care and adoption placements. (a) Upon the child's initial removal from the child's parent or parents due to harm, the department shall make a diligent effort to place the child with kin. To be considered for child placement, kin shall:

(1) Be fit and willing;

(2) Be licensable;

(3) Be trainable; and

(4) Have no need for remedial or rehabilitative services.

(b) If kin are not readily identified, a thorough, documented search for kin shall be conducted. The search for and licensing and training of kin shall be completed within sixty days of the child's removal from the child's parent or parents; provided that if fit and willing kin are not identified, trained, and licensed within sixty days, the child shall be placed with non-kin foster parents or, if deemed appropriate, with risk-adopt foster parents.

(d) After the initial placement for temporary foster care, all subsequent foster care and permanent placement decisions, including adoption, shall:

(1) Consider the child's age, previous attachments, if any, to biological parents and kin and current attachment and bonding to kin or a non-kin caregiver;

(2) Give preference to care settings that are the least disruptive to the child's current attachment and bonding; provided that the degree of the child's attachment and bonding to current caregivers shall be determined by a psychologist or psychiatrist, using assessments and, if appropriate in light of the child's age, interviews;

(3) Reflect the definition of kin from the child's point of view; provided that this may include redefining the non-kin foster caregivers to include them as kin, along with the child's biological kin;

(4) Give preference to care settings that are the safest, as assessed under the safe family home guidelines established by section 587-25 and other department instruments;

(5) Give preference to care settings that provide the highest level of care, as assessed on department instruments;

(6) For a child who has not been permanently removed, give preference to caregivers who will support the biological parents' service plan and visitations;

(7) For a child who has been permanently removed, give preference to caregivers who will support an open adoption that includes networking with biological parents and their kin;

(8) Ensure that the caregivers are licensed, trained, and committed to continued training; and

(9) Be made by a team of relevant professionals, which may include but is not limited to social workers and psychologists.

(c) The kin or non-kin being considered for foster or permanent placement, including adoption, shall have the burden of proving that kin or non-kin's:

(1) Fitness and willingness;

(2) Ability to provide a safe care setting;

(3) Willingness to support the biological parent or parents service plan and visitations; provided the child has not been permanently removed; and

(4) Willingness to support an open adoption that includes networking with biological parents and their kin; provided the child has been permanently removed.

(d) The department shall conduct on-going qualitative and quasi-experimental research to evaluate the efficacy and well-being of the State's foster caregivers and their foster children, adopting parents and their foster children, and the department's placement and monitoring process. The department shall submit a report on its research and evaluation biannually to the legislature twenty days prior to the convening of each regular session."

SECTION 2. Section 587-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Permanent plan is a specific written plan, prepared by an appropriate authorized agency, which should set forth:

(1) A position as to whether the court should order an adoption, guardianship, or permanent custody of the child and specify:

(A) A reasonable period of time during which the adoption or guardianship may be finalized; provided that [~~the~~]:

(i) The identity of the proposed adoptive parent or parents shall be provided to the court in a separate report [~~which~~] that shall be sealed and shall not be released to the parties unless the court deems such release to be in the best interests of the child;

(ii) If current kin, as defined in section 587- , or a non-kin foster parent or parents desire to adopt or serve as guardian of the child, the identities of those individuals shall be provided to the court in the plan with the department's recommendations regarding what is in the best interests of the child.

(B) If adoption is not the plan, a clear and convincing explanation why guardianship is preferable to adoption; or

(C) If adoption or guardianship is not the plan, a clear and convincing explanation why permanent custody is preferable to guardianship;

(2) A specific written plan including:

(A) The goal, as being: adoption, guardianship, or permanent custody;

(B) The objectives concerning the child, including, but not limited to, stable placement, education, health, therapy, counseling, birth family (including visitation, if any), culture, and adoption, guardianship, or preparation for independent living; and

(3) All supporting exhibits and written consents or an explanation as to why the exhibits or consents are not available. Upon good cause shown, the court may waive submission of any supporting exhibit or written consent; and

(4) Any other information or materials [~~which~~] that are necessary to the expeditious facilitation of the permanent plan."

SECTION 3. Section 587-73, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) If the court determines that the criteria set forth in subsection (a) are established by clear and convincing evidence, the court shall order:

(1) That the existing service plan be terminated and that the prior award of foster custody be revoked;

(2) That permanent custody be awarded to an appropriate authorized agency;

(3) That an appropriate permanent plan be implemented concerning the child whereby the child will:

(A) Be adopted pursuant to chapter 578; provided that [~~the~~]:

(i) The court shall presume that it is in the best interests of the child to be adopted, unless the child is or will be in the home of family or a person who has become as family and who for good cause is unwilling or unable to adopt the child but is committed to and is capable of being the child's guardian or permanent custodian; and

(ii) Current kin or non-kin foster parents who are willing and able to adopt shall be considered first for a child's adoption placement;

(B) Be placed under guardianship pursuant to chapter 560; or

(C) Remain in permanent custody until the child is subsequently adopted, placed under a guardianship, or reaches the age of majority, and that such status shall not be subject to modification or revocation except upon a showing of extraordinary circumstances to the court;

(4) That such further orders as the court deems to be in the best interests of the child, including, but not limited to, restricting or excluding unnecessary parties from participating in adoption or other subsequent proceedings, be entered; and

(5) Until adoption or guardianship is ordered, that each case be set for a permanent plan review hearing not later than one year after the date that a permanent plan is ordered by the court, or sooner if required by federal law, and thereafter, that subsequent permanent plan review hearings be set not later than each year, or sooner if required by federal law; provided that at each permanent plan review hearing, the court shall review the existing permanent plan and enter such further orders as are deemed to be in the best interests of the child."

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

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________