Report Title:

Foster Custody; Relatives; Extended Family

Description:

Affirms the importance of kinship placement and a child's attachment and bonding with a kin or non-kin foster caregiver. Requires the department of human services to make a good faith effort, which includes consulting with the Na Kupuna Tribunal, to identify family members for possible placement of a child. (SD1)

THE SENATE

S.B. NO.

2615

TWENTY-THIRD LEGISLATURE, 2006

S.D. 1

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. The legislature finds that when a child is removed from the child's 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 being placed in foster care to assess the feasibility of placing the child in the foster custody of a member of the child's extended family.

SECTION 2. Chapter 587, Hawaii Revised Statutes, is amended by adding a four new sections 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, in order to continue the family bond. The department shall consider the degree and nature of the child's attachment and bonding with the current kin or non-kin foster caregiver when making all subsequent placement decisions, including permanent placement decisions.

To meet the good faith requirement, the department shall:

(1) Within seventy-two hours of the child's placement in temporary foster custody:

(A) Make diligent efforts to find and interview known relatives, friends, teachers, and community members who may know of the child's extended family;

(B) Find, identify, interview, and assess known members of the child's extended family to determine the feasibility of placing the child into the foster custody of a member of the child's extended family; and

(C) Consult with the Na Kupuna Tribunal for assistance in identifying the child's kin; and

(2) Specify in the petition filed pursuant to section 587-21(b), the procedures used and steps taken to comply with paragraph (1).

(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.

(g) For purposes of this section:

"Attachment" means a child's deep, persistent emotional relationship with a non-interchangeable single caregiver, having characteristics that include:

(1) The child's affectionate tie to the caregiver;

(2) The child's wish to maintain proximity or contact with the caregiver;

(3) The child's seeking security and comfort in the relationship; and

(4) The child's feelings of sadness or distress at the involuntary separation from the caregiver.

"Bonding" means the emotional relationship between a child and an adult effected through close association. Deep bonding is described as "attachment".

"Kin" means both maternal and paternal relatives, adult siblings, or individuals not biologically or legally related to the family, including but not limited to family friends, caregivers, or faith leaders who are perceived as "family" by the child and the child's family members.

§587-   Temporary foster care and adoption placements. (a) At the child's initial removal from the child's parent or parents because of harm, effort shall be made to place the child with a member of the child's family; provided that the department shall consult with the Na Kupuna Tribunal for assistance in identifying the child's kin. If a member of the child's family is not readily identified, a thorough, documented search for kin shall be conducted, subject to the following:

(1) These kin shall be fit and willing, licensable, and trainable, without the need for remedial or rehabilitative services;

(2) Pending the identification of such kin, the child may be placed in foster care;

(3) The search for fit and willing kin, and the licensing and training of such kin shall continue until the child is adopted, placed under guardianship or permanent custody, or remains in the permanent custody of the department, as provided in section 587-73; and

(4) If fit and willing kin are not identified, trained, and licensed, the child shall be placed with non-kin foster parents.

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

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

(2) Give preference to care settings that will entail the least disruption of the child's current attachment and bonding. Psychologists and psychiatrists, using assessments and, if appropriate in light of the child's age, interviews, shall determine the degree of the child's attachment and bonding to the current caregivers;

(3) Reflect the definition of "kin" from the child's point of view;

(4) Give preference to care settings that are the most protective, as assessed on the safe family home guidelines pursuant to section 587-25 and other department procedures;

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

(6) Give preference to caregivers who will support the biological parents' service plan and visitations of the child if the child has not been permanently removed. If the child has been permanently removed, give preference to caregivers who will support an "open" adoption that includes networking with biological parents' kin;

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

(8) Be made by a team that includes a social worker, guardian ad litem, psychologist, psychiatrist, public health nurse, and other parties as necessary.

(c) Both qualitative and quasi-experimental research shall be conducted by the department to evaluate the efficacy and well-being of the State's foster caregivers, adopting parents, their foster or adopted children, and the placement and monitoring process of the department of human services. The department shall submit a biannual report to the legislature on its research, beginning on January 2, 2007, and every six months thereafter.

§587-   Review panel decision. Prior to the effective date of a child's final placement, the child's social worker shall request an administrative panel review if the social worker disagrees with the supervisor or section administrator's placement decision.

§587-   Determination of fit and willing kin. For the purpose of this chapter, the department has the sole authority and responsibility to determine which individual or individuals qualify as fit and willing when determining who will provide care for the harmed child."

SECTION 3. 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 identity of the proposed adoptive parent or parents shall be provided to the court in a separate report which 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[;]. If current kin or non-kin foster parents desire to adopt or serve as guardians of the child, the identities of these individuals shall be provided to the court in a separate report, with the department's recommendations as to child's best interest;

(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

(C) The method or methods for achieving the goal and objectives set forth in subparagraphs (A) and (B);

(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 are necessary to the expeditious facilitation of the permanent plan."

SECTION 4. 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 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[;]. Current kin or non-kin foster parents willing and able to adopt shall be given preference in 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 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2050.