Report Title:

Child Protection Review Panel; Removal Review

Description:

Requires that the child protective review panel proceedings taken prior to the issuance of a court order upon the request of the child's family who believe that the child was wrongfully removed from the family home.

HOUSE OF REPRESENTATIVES	H.B. NO.	3007
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to child protective services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 587-88, Hawaii Revised Statutes, is amended to read as follows:

     "[§587-88]  Child protective review panel.  (a)  The department shall establish a child protective review panel to review each case of serious abuse.  Upon the request of the child's family, the panel also shall review child protective proceedings taken prior to or without a court order, where the child's family believes that the child was wrongfully removed from the family home.  Based upon its review, the panel shall submit a report of findings and recommendations to the director.  The department shall appoint members of the child protective review panel who may include, but not be limited to:

     (1)  Any physician treating the child for abuse;

     (2)  Any child protective services worker assigned to the case and the worker's supervisor;

     (3)  The guardian ad litem for the child, appointed under section 587-34, if applicable;

     (4)  The members of the child's multidisciplinary team or child protective services consultant; [and]

     (5)  An individual who represents the interests of the family; and

    [(5)] (6)  Other child protective services workers and supervisors.

     (b)  Members of the child protective review panel shall serve without compensation and shall not be reimbursed for costs, except for state employees serving within the scope of their employment who shall receive compensation and reimbursements as provided by law or by collective bargaining.

     (c)  Members of the child protective review panel shall be immune from any liability for injuries and damages arising from the panel's report under subsection (a).

     (d)  This section shall not be construed as interfering with any authority of the department or the courts to remove, to place, or to order any disposition on custody of the abused child under this chapter; provided that any decision related to a review initiated by a child's family under this section shall be made available to the court in subsequent child protective services proceedings.

     (e)  As used in this section, "serious abuse" means reabuse, hospitalization, or death arising from an abuse."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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