Report Title:
Child Protective Act; Guardianship after Permanent Plan
Description:
Protects a child from being removed from a guardianship if the child's parent cannot show a substantial change in circumstances. Allows a parent the opportunity to file for dissolution of a guardianship if the parent shows that a safe home can be provided for the child. (SD1)
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THE SENATE |
S.B. NO. |
1200 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 1 |
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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; dissolution. A child's parent, or the person legally responsible for the child, may petition the court for an order dissolving a guardianship created pursuant to section 560:5-201 as a result of a permanent plan pursuant to section 587-27; provided that the court shall dissolve a guardianship only if it finds by a preponderance of the evidence that:
(1) There has been a substantial change of circumstances with respect to the parent's ability to provide a safe home for the child;
(2) The parent's home conforms to the safe family and home guidelines under section 587-25 and written reports or a written explanation have been submitted pursuant to section 587-40;
(3) The child's parent is willing and able to provide the child with a safe family home without the assistance of a service plan; and
(4) It is in the child's best interests to dissolve the guardianship."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.