HB2596 HD2

PART I

SECTION 1. Chapter 587, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . ILLEGAL DRUG use

§587- Definitions. For purposes of this part, unless the context otherwise requires, "illegal drug use" means the use of crystal methamphetamine, heroin, cocaine, phencyclidine (PCP), or morphine.

§587- Investigation. Upon receiving a report that a parent, guardian, cohabitant, caregiver, or legal custodian of a child may be engaging in illegal drug use when the child is present, the department shall conduct an investigation within twenty-four hours of receipt of the reported allegation of illegal drug use. If the department's investigation determines that the parent, guardian, cohabitant, caregiver, or legal custodian has tested positive for illegal drug use within a

-day period prior to the investigation, and that the child is subject to imminent harm because of the illegal drug use, the department shall:

(1) Immediately contact the police who shall make a determination under section 587-22 on whether the child should be taken into protective custody; and

(2) File for a temporary restraining order on behalf of the child against the individual who tested positive for illegal drug use.

§587- Substance abuse treatment. The department shall require a parent, guardian, or legal custodian who was investigated and found to have tested positive for illegal drug use to successfully participate in a drug treatment program for a minimum of one year before the parent, guardian, or legal custodian may regain full custody of a child. A cohabitant or caregiver shall not solely supervise a child until after having successfully participated in a drug treatment program for a minimum of one year.

§587-D Rules. The department may adopt rules in accordance with chapter 91 to implement this part."

SECTION 2. The department of human services shall submit a report to the legislature no later than twenty days prior to the regular session of 2009 on its efforts to prevent children from being injured or exposed to unreasonable risk or neglect by parents, guardians, or caregivers who test positive for illegal drug use.

PART II

SECTION 3. Section 587-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Caregiver" means an adult, other than a child's legal or physical custodian, with whom the child has resided for a continuous period of six months or more, with the verbal or written consent of the child's legal and physical custodian. The term "caregiver" shall not apply to situations involving voluntary placement of a child or a court order.

"Safe home" means a home, other than a child's family home, where the child has resided with the consent of the child's legal and physical custodian, and where a caregiver has demonstrated an ongoing willingness and ability to provide a residence where the child is not subject to harm or threatened harm, as determined by the department. A safe home shall not apply to situations involving voluntary placement of a child or a court order."

SECTION 4. Section 587-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Upon satisfying itself as to the course of action that should be pursued to best accord with the purpose of this chapter, the department shall:

(1) Terminate the investigation if the child is residing with a caregiver in a safe home; provided that there is documentation of the following:

(A) The concerns, findings, and problems that initially warranted the department's involvement;

(B) The specific needs of parents, the specific services offered to address those needs, and whether the parents declined services;

(D) Whether the caregiver is eligible to be licensed as a foster parent by the department; provided that the department has the discretion to determine that, even if the caregiver's home is not in total accordance with relevant foster care licensing standards, the home is a safe home;

(E) The length of time the child can live with the caregiver and the agreed-upon conditions for the child's return, including any period for advance mandatory notice from the caregiver to the department if the caregiver seeks to permanently return the child to the child's legal and physical custodian;

(F) Whether the caregiver and the child shall be entitled to the same benefits and services that are available to a foster parent and a foster child, including legal services, and whether the caregiver has been informed of these benefits and services, including information on obtaining an adoption or guardianship;

(G) Whether the parents and the caregiver agree that the caregiver can return the child to the parents only with prior notification from the department; and

(H) That the child's legal custodian agrees to place the child with the caregiver, or that the child's legal custodian cannot be located based on available information.

(2) If the department determines there is a need, a caregiver may be offered diversion or legal assistance services, to the extent that funding and services are available; provided that the department has determined that the caregiver is able to provide a safe home without the services offered.

[~~(1)~~] (3) Resolve the matter in an informal fashion appropriate under the circumstances[;], including referral of the child and other family members to state or community resources that provide the assistance needed to address the problems in the family home;

[~~(2)~~] (4) Seek to enter into a service plan, without filing a petition in court, with members of the child's family and other authorized agency as the department deems necessary to the success of the service plan, including [~~but not limited to,~~] the member or members of the child's family who have legal custody of the child. The service plan may include an agreement with the child's family to voluntarily place the child in the foster custody of the department or other authorized agency, or to place the child and the necessary members of the child's family under the family supervision of the department or other authorized agency; provided that if a service plan is not successfully completed within six months, the department shall file a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter and the case shall be reviewed as is required by federal law;

[~~(3)~~] (5) Assume temporary foster custody of the child pursuant to section 587-24(a) and file a petition with the court under this chapter within three working days, excluding Saturdays, Sundays, and holidays, after the date of the department's assumption of temporary foster custody of the child; or

[~~(4)~~] (6) File a petition or [~~ensure that a petition is filed by~~] refer the matter to another appropriate authorized agency, which may file a petition for jurisdiction of the child in court under this chapter."

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

PART III

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

SECTION 7. This Act shall take effect on January 1, 2112.

HOUSE OF REPRESENTATIVES	H.B. NO.	2596
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 2
STATE OF HAWAII