Report Title:
Foster Children; Bill of Rights
Description:
Establishes a Foster Children's Bill of Rights.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2052 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to foster children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 587, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§587- Foster children's bill of rights. Not withstanding any provision to the contrary, the department has the duty as foster custodian or permanent custodian to ensure that children living under its care have the following rights protected and enforced:
(1) To be treated with fairness, dignity, respect, and without discrimination because of race, color, religion, disability, sexual orientation, national origin, age, and gender;
(2) To be free from harassment, corporal punishment, unreasonable restraint, and physical, sexual, verbal, and emotional abuse;
(3) To live in a safe, healthy, and comfortable home;
(4) To be properly nourished and provided with clothing that is clean, seasonal, and age and gender appropriate;
(5) To receive medical, dental, vision, mental health, behavioral health, and drug and alcohol abuse and addiction services that respond to the child's needs;
(6) (A) To be free from unreasonable searches of personal belongings and mail, including electronic mail; and
(B) To be free to make and receive confidential telephone calls as reasonable under the circumstances, unless otherwise provided by law;
(7) (A) To be permitted to visit with and contact family members; provided that the child is given contact information and a means of communication, unless otherwise prohibited by court order; and
(B) To contact the child's attorney and members of the child's children and youth services team.
(8) To be permitted to participate in religious observances and activities and attend religious services of the child's preference or the religion of the child's family of origin or culture as may be reasonably accommodated, or to refrain from such religious practices;
(9) To maintain and reflect the child's culture as may be reasonably accommodated.
(10) To receive an appropriate education consistent with the laws of this State, including the right to have the opportunity to participate in extracurricular, cultural, and personal enrichment activities that are reasonably available, accommodated, and consistent with the child's age and developmental level;
(11) (A) To work and develop job skills at an age-appropriate level, consistent with the laws of this State and as may be reasonably accommodated; and
(B) To receive appropriate life skills training to prepare for independent living;
(12) To attend court hearings relating to the child's case and to have the opportunity to be heard;
(13) To have confidentiality maintained consistent with the laws of this State;
(14) To have any kinship resource or previous foster parent of the child be considered as the preferred placement resource if such placement is consistent with the best interest of the child and the needs of other children in the kinship residence or foster parent's home;
(15) To be permitted to exercise parental and decision-making authority over his or her own child and to reside with his or her own child if the foster child has a child of his or her own, if appropriate and as may be reasonably accommodated, unless prohibited by order of court; and
(16) (A) To have the opportunity to contact the department confidentially and to make complaints regarding alleged violations of the child's rights; and
(B) To be free from harassment and retaliation regarding such actions."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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