Report Title:
Child Protective Act; Kinship Care
Description:
Provides additional criteria for determining foster custodians. Appropriates funds for an evaluation of the State's temporary and permanent foster care system. Adds new definitions.
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THE SENATE |
S.B. NO. |
2627 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
child protective act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 587-2, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Bonding" means a child's deep, persistent emotional connection with a non-interchangeable caregiver when the child:
(1) Demonstrates an affectional tie to the caregiver;
(2) Displays the desire to maintain proximity or contact with the caregiver;
(3) Seeks security and comfort in the relationship with the caregiver; and
(4) Feels sadness or distress at involuntary separation from the caregiver.
"Kin" means a child's maternal and paternal relatives, adult siblings, and any other person who is perceived as "family" by a child or the child's family, and may include the child's caregivers, family friends, or faith leaders, and a non-kin foster custodian with whom the child has bonded."
SECTION 2. Chapter 587, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§587- Temporary foster custody. (a) If the department maintains temporary foster custody of a child pursuant to section 587-24(e)(3), the department shall place the child in temporary foster care, with a preference for placing the child with kin, provided that the child's kin is willing and able to provide the child with a safe family home without needing remedial or rehabilitative services.
(b) If a child's kin cannot be located when the department receives temporary custody of the child, or a child's identified kin is unwilling or unable to serve as a foster custodian, the child shall be placed in temporary foster custody with a non-kin foster custodian; provided that the department shall commence a thorough, documented search for the child's kin. If no kin is identified within sixty days of the child's removal from the family, the department shall conclude the search; provided that the conclusion of the department's search shall not preclude a child's kin from any future identification, training, or licensing as a foster custodian."
SECTION 3. Section 587-24, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Within three working days[, excluding Saturdays, Sundays, or holidays,] after the date of its assumption of temporary foster custody, the department shall:
(1) Relinquish its temporary foster custody and return the child to the child's legal custodian and proceed pursuant to section 587-21(b)(1), (2), or (4);
(2) Continue its assumption of temporary foster custody of the child with the child being voluntarily placed in foster care by the child's legal custodian and proceed pursuant to section 587-21(b)(2) or (4); or
(3) Continue its assumption of temporary foster custody of the child and proceed pursuant to [section] sections 587-21(b)(3) and 587- ."
SECTION 4. Section 587-27, Hawaii Revised Statutes, is amended to read as follows:
"(a) Permanent plan is a specific written plan, prepared by the multidisciplinary team comprised of the child's social worker, guardian ad litem, psychologist, public health nurse, and pediatrician, established 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 guardian or adoptive parent or parents, including a current kin foster custodian, shall be provided to the court in a separate report, [which] with the recommendation of the department regarding the best interests of the child. The report 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;
(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, contact with the child's birth family, [(]including visitation, if [any] the multidisciplinary team determines that it is in the child's best interests to have continued contact with the child's birth family[)], 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] that are necessary to the expeditious facilitation of the permanent plan.
(b) A permanent plan prepared for a permanent plan review hearing should set forth:
(1) Progress toward and any proposed revision to the goal and the reason for the revision;
(2) Progress toward and any proposed revision to the objectives and the reason for the revision; [and]
(3) Any proposed revision to the method for achieving the goals and objectives and the reason for the revision[.]; and
(4) An assessment of the child's bonding with the temporary foster custodian and an evaluation of the effect on the child of any disruption of that attachment.
(c) A permanent plan shall promote a continued connection between the child and the child's birth family, unless contact with the birth family is not in the best interests of the child.
(d) A permanent plan shall ensure the safest placement of the child, according to the safe family home guidelines of section 587-25."
SECTION 5 Section 587-40, Hawaii Revised Statutes, is amended to read as follows:
"§587-40 Reports to be submitted by the department and authorized agencies; social worker expertise. (a) The department or other appropriate authorized agency shall make every reasonable effort to submit written reports, or a written explanation regarding why a report is not being submitted timely, to the court with copies to the parties or their counsel or guardian ad litem:
(1) Within forty-eight hours, excluding Saturdays, Sundays, and holidays, subsequent to the hour of the filing of a petition for temporary foster custody pursuant to section 587-21(b)(3);
(2) Upon the date of the filing of a petition pursuant to section 587-21(b)(4); and
(3) At least fifteen days prior to the date set for each disposition, review, permanent plan, and permanent plan review hearing, until jurisdiction is terminated, unless a different period of time is ordered by the court or the court orders that no report is required for a specific hearing; or
(4) Prior to or upon the date of a hearing if the report is supplemental to a report that was submitted pursuant to paragraph (1), (2), or (3).
(b) Report or reports pursuant to subsection (a) specifically shall:
(1) Assess fully all relevant prior and current information concerning each of the safe family home guidelines, as set forth in section 587-25, except for a report required for an uncontested review hearing or a permanent plan review hearing that need only assess relevant current information including, for a review hearing, the degree of the family's progress with services;
(2) In each proceeding, subsequent to adjudication, recommend as to whether the court should order:
(A) A service plan as set forth in section 587-26 or revision to the existing service plan and, if so, set forth the proposed service or revision and the pertinent number of the guidelines considered in the report, made pursuant to paragraph (1), which guideline or guidelines provide the basis for recommending the service or revision in a service plan or revised service plan; or
(B) A permanent plan or revision to an existing permanent plan and if it is an initial recommendation, set forth the basis for the recommendation that shall include, but not be limited to, an evaluation of each of the criteria set forth in section 587-73(a), including the written permanent plan as set forth in section 587-27; and
(3) Set forth recommendations as to other orders deemed to be appropriate and state the basis for recommending that the orders be entered.
(c) Prior to recommending the removal of a child from the custody of a foster custodian, except when such continued custody presents a risk of imminent harm to the child, the department shall submit to the court a written assessment, prepared by a child protective services multidisciplinary team or a mental health professional, of the child's bonding with the temporary foster custodian with an evaluation of the effect on the child of any disruption of that attachment, or a written explanation why a report is not being submitted.
[(c)] (d) A written report pertaining to cases pending before the family court submitted by the department pursuant to subsection (a) shall be submitted to the court in its entirety, and shall include the following:
(1) Any report, or medical or mental health consultation, generated by a child protective services multidisciplinary team or consultant in its entirety; and
(2) All other relevant information on placement of the child.
[(d)] (e) A written report submitted under this section shall be admissible and may be relied upon to the extent of its probative value in any proceeding under this chapter; provided that the person or persons who prepared the report may be subject to direct and cross-examination as to any matter in the report, unless the person is unavailable.
[(e)] (f) A person employed by the department as a social worker in the area of child protective or child welfare services is qualified to testify as an expert in the area of social work and child protective or child welfare services."
SECTION 6. Section 587-53, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) If the department has continued to assume temporary foster custody of a child pursuant to [section] sections 587-24(e)(3) and 587- , the court shall set a temporary foster custody hearing within two working days[, excluding Saturdays, Sundays, and holidays,] after the filing of a petition to determine whether the best interests of the child require further protection prior to an adjudicatory determination."
2. By amending subsection (f) to read:
"(f) After a temporary foster custody hearing, if the court determines that there is reasonable cause to believe that continued placement in foster care is necessary to protect the child from imminent harm, it shall order that the child continue in the temporary foster custody of the department under the terms and conditions, including, but not limited to, orders concerning services and assistance and which may be entered pursuant to subsection (d), as are deemed by the court to be in the best interests of the child; provided that prior to ordering placement or continued placement in any proceeding under this chapter the court first shall give due consideration to [whether]:
(1) The removal or continued removal of the alleged potential perpetrator of the imminent harm, harm, or threatened harm from the child's family home prior to continuing or placing the child out of the family home. The child's family shall have the burden of establishing that it is not in the best interests of the child that the alleged perpetrator be removed from the family's home rather than the child by order of the court; [and]
(2) [Every] Whether every reasonable effort has been or is being made to place siblings or psychologically bonded children together, unless the placement is not in the best interests of the children[.];
(3) The child's age and previous attachments, if any, to a kin or non-kin caregiver or foster custodian;
(4) Whether the placement will cause disruption to the child's bonding with a caregiver;
(5) Whether the temporary foster custody setting is the safest setting for the child, according to the safe family home guidelines in section 587-25; and
(6) Whether the temporary foster custodian will support the parent's service plan and visitation schedule."
SECTION 7. 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[,] and that a child's kin foster custodian shall be considered first for the child's adoption placement, if such placement is recommended by the multidisciplinary team, unless the child is or will be in the home of [family] kin or a person who has become as [family] kin 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;
(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, and directing the department to provide ongoing training for the child's foster custodian to ensure a continued high level of care, 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 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2006-2007, for the department to enter into a contract pursuant to chapter 103F for both qualitative and quasi-experimental research on, and an assessment of, the procedures governing the timely evaluation of the efficacy of:
(1) The department's temporary and permanent foster care placement and monitoring system; and
(2) The State's foster custodians and adopting parents, and the well-being of the children placed in their respective care.
The department shall submit a report of findings and conclusions to the legislature no later than twenty days prior to the convening of the regular session of 2008.
SECTION 9. The sum appropriated shall be expended by the department of human services for the purposes of this Act.
SECTION 10. Statutory material to be repealed is bracketed
and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2006.
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INTRODUCED BY: |
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