Report Title:
Child Protective Act; Guardianship after Permanent Plan
Description:
Protects child from being removed from a guardianship if parent cannot show substantial change in circumstances. Allows parent the opportunity to file for dissolution of a guardianship if it is shown that a safe home can be provided.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
871 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the child protective act.
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- Guardianship as a result of a permanent plan. (a) A child's parent, or the person legally responsible for the child, shall only dissolve a guardianship by petitioning the court for an order dissolving a guardianship appointed pursuant to section 560:5-201, as a result of a permanent plan pursuant to section 587-27; provided that the court shall only do so if it finds by a preponderance of the evidence that there has been a substantial change of circumstances on the part of the parent subsequent to the establishment of the guardianship, and it is in the child's best interests to dissolve the guardianship.
(b) If the minor child remains with the appointed guardian for twelve consecutive months, dissolution requires that the burden rests on the parent to show by a preponderance of the evidence at a hearing that:
(1) The parent's home conforms to the safe family and home
guidelines pursuant to section 587-25 and the report or reports have been submitted pursuant to section 587-40; and
(2) A service plan has been prepared pursuant to section 587-26, or sufficient reason as to why a service plan is not needed.
(c) If the court determines that the child's parent is presently willing and able to provide the child with a safe family home without the assistance of a service plan, the court shall dissolve the guardianship.
(d) If the court determines that the parent's home is a safe home with the assistance of a service plan, the court shall place the child and the child's parent under the supervision of an authorized agency, and enter further orders, including but not limited to restrictions upon the rights and duties of the authorized agency, as the court deems to be in the best interests of the child.
(e) If the court determines that the parent's home is not a safe home, even with the assistance of a service plan, the court shall not dissolve the guardianship."
SECTION 2. Section 560:5-210, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) A ward or a person interested in the welfare of a ward may petition for any order that is in the best interest of the ward. The petitioner shall give notice of the hearing on the petition to the ward, if the ward has attained fourteen years of age and is not the petitioner, the guardian, and any other person as ordered by the court[.], and pursuant to section 587- in child protective act cases."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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