Requires that current foster care providers be the presumptive choice for adoption of a child placed in their care for more than one year unless it can be shown that it is not in the best interest of the child. (SD2)

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to require that

current foster care providers be considered the presumptive choice for adoption of a child placed in their care for more than one year unless it can be shown that it is not in the best interest of the child.

SECTION 2. Chapter 587, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§587-   Foster custody; placement; required procedures. Current foster care providers shall be considered the presumptive choice for adoption, legal guardianship, or permanent custody of any child who is in the permanent custody of the department, and has been placed in the foster home for more than one year, insofar as the child agrees. Prior to the removal of a child in the permanent custody of the department who has been placed with a foster care provider for more than one year, the department shall prove to the family court by a preponderance of the evidence that removal is in the best interests of the child, unless there are immediate concerns for the child's safety. If immediate removal is required due to immediate concerns for the child's safety, the department, within seven days of the child's removal, shall prove to the family court by a preponderance of the evidence that removal was in the best interests of the child."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.