HB3131

SECTION 1. Chapter 578, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§578- Right to visitation of child with siblings. (a) The department of human services and the prospective adoptive parent or parents of a child to be adopted may enter into an enforceable agreement that provides for post adoptive contact between the child who has been adopted and their siblings.

(b) An agreement that provides for post adoptive contact is enforceable if the agreement:

(1) Is in writing and signed by the parties; and

(2) Is incorporated into an order or decree of adoption.

(c) A court that enters an order or decree of adoption that incorporates an agreement that provides for post adoptive contact shall retain jurisdiction to enforce, modify, or terminate the agreement that provides for post adoptive contact until:

(1) The child reaches eighteen years of age;

(2) The child becomes emancipated; or

(3) The agreement is terminated.

(d) The establishment of an agreement that provides for post adoptive contact does not affect the rights of an adoptive parent or parents as the legal parent or parents of the child."

SECTION 2. Section 560:5-207, Hawaii Revised Statutes, is amended to read as follows:

"§560:5-207 Duties of guardian. (a) Except as otherwise limited by the court, a guardian of a minor ward has the duties and responsibilities of a parent regarding the ward's support, care, education, health, and welfare. A guardian shall act at all times in the ward's best interest and exercise reasonable care, diligence, and prudence.

(b) A guardian shall:

(1) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities, and physical and mental health;

(2) Ensure that the ward who requests visitation is provided reasonable on-going contact and visitation with the ward's siblings, with consideration being given to the safety and well-being of the child;

[~~(2)~~] (3) Take reasonable care of the ward's personal effects and bring a protective proceeding if necessary to protect other property of the ward;

[~~(3)~~] (4) Expend money of the ward that has been received by the guardian, for the ward's current needs for support, care, education, health, and welfare;

[~~(4)~~] (5) Conserve any excess money of the ward for the ward's future needs; provided that if a conservator has been appointed for the estate of the ward, the guardian shall pay the money at least quarterly to the conservator to be conserved for the ward's future needs;

[~~(5)~~] (6) Report the condition of the ward and account for money and other assets in the guardian's possession or subject to the guardian's control, as ordered by the court on application of any person interested in the ward's welfare or as required by court rule; and

[~~(6)~~] (7) Inform the court of any change in the ward's custodial dwelling or address."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

HOUSE OF REPRESENTATIVES	H.B. NO.	3131
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII