HB2707 HD1

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

"§587- Relatives; foster placement. The department shall provide written responses within forty-five days of an inquiry from a relative as to the relative's potential as a foster placement and if denied, the specific reasons for the denial and an explanation of the procedures for an administrative appeal."

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

""Relative" means a person related by blood, lawe hanai parent, or hanai parent, who is willing and able to provide support to the child and the family. As used in this definition, "hanai parent" means an adult other than the natural parent who serves as the child's parent based on written or oral designation by the child or child's relatives. "Lawe hanai parent" means a hanai parent related by blood."

SECTION 3. Section 587-24, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Upon assuming temporary foster custody of a child under this chapter, the department shall place the child in emergency foster care, unless the child is admitted to a hospital or similar institution, while it conducts an appropriate investigation. The department and authorized agencies shall identify all relatives within six months of assuming foster custody of the child."

SECTION 4. Section 587-25, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The following guidelines shall be fully considered when determining whether the child's family is willing and able to provide the child with a safe family home:

(1) The current facts relating to the child which include:

(A) Age and vulnerability;

(B) Psychological, medical, and dental needs;

(D) Developmental growth and schooling;

(E) Current living situation;

(F) Fear of being in the family home; and

(G) Services provided the child;

(2) The initial and any subsequent reports of harm [~~and/or~~] and threatened harm suffered by the child;

(3) Date(s) and reason for the child's placement out of the home, description, appropriateness, and location of the placement and who has placement responsibility;

(4) Historical facts relating to the alleged perpetrator and other appropriate family members who are parties which include:

(A) Birthplace and family of origin;

(B) How they were parented;

(D) Prior involvement in services;

(5) The results of psychiatric/psychological/developmental evaluations of the child, the alleged perpetrator, and other appropriate family members who are parties;

(6) Whether there is a history of abusive or assaultive conduct by the child's family or others who have access to the family home;

(7) Whether there is a history of substance abuse by the child's family or others who have access to the family home;

(8) Whether the alleged perpetrator(s) has acknowledged and apologized for the harm;

(9) Whether the non-perpetrator(s) who resides in the family home has demonstrated the ability to protect the child from further harm and to [~~insure~~] ensure that any current protective orders are enforced;

(10) Whether there is a support system of extended family, including lawe hanai parents and hanai parents, [~~and/or~~] and friends available to the child's family[;] and what attempts have been made to locate and identify extended family, friends, or both;

(11) Whether the child's family has demonstrated an understanding and [~~utilization~~] use of the recommended/court ordered services designated to effectuate a safe home for the child;

(12) Whether the child's family has resolved or can resolve the identified safety issues in the family home within a reasonable period of time;

(13) Whether the child's family has demonstrated the ability to understand and adequately parent the child especially in the areas of communication, nurturing, child development, perception of the child, and meeting the child's physical and emotional needs; and

(14) Assessment (to include the demonstrated ability of the child's family to provide a safe family home for the child) and recommendation."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

HOUSE OF REPRESENTATIVES	H.B. NO.	2707
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII