SB1162

SECTION 1. The legislature finds that, while foster youth are represented by guardians ad litem and assisted by social workers, foster youth in permanent custody of the department of human services are in the unique situation of having no guardian or adoptive parent who will ensure their needs are met. The legislature further finds that foster youth should be afforded notice and opportunity to be involved in decision making for their future. Accordingly, the purpose of this Act is to ensure that foster youth who are subject to a permanent plan are provided notice and the opportunity to participate in hearings that affect their future.

SECTION 2. Chapter 587, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§587- Child's presence at hearings. (a) A child who has reached the age of fourteen may attend all hearings subsequent to a permanent plan hearing pursuant to section 587‑73 unless the court, after consulting with the child in camera, finds that it is in the best interest of the child to not attend.

(b) A child under the age of fourteen, at the discretion of the court after consulting with the child in camera, may attend all hearings subsequent to a permanent plan hearing.

SECTION 3. Section 587-51.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§587‑51.5[]] Notice of hearings. (a) Notice of all hearings shall be served upon the parties and upon the parents. Notice of hearings shall be served by the department upon the parties no less than forty-eight hours before the scheduled hearing. No hearing shall be held until the parties are served.

(b) Notice of all hearings subsequent to the section 587‑71 disposition hearing shall be served upon the current foster parent or parents, each of whom shall be entitled to participate in the proceedings as a party. Notice of hearings shall be served by the department upon the current foster parent or parents no less than forty-eight hours before the scheduled hearing, subject to a shortening of time when a hearing is set within a shorter time frame. No hearing shall be held until the current foster parent or parents are served. For purposes of this subsection, notice to foster parents may be effected by hand delivery, regular mail, or by facsimile or electronic mail, if receipt may be confirmed, and may consist of the last court order, if it includes the date and time of the hearing.

(c) Notice of all hearings subsequent to a permanent plan hearing pursuant to section 587-73 shall be served upon a child who has reached the age of fourteen. Notice of hearings shall be served by the department upon the child who has reached the age of fourteen no less than forty-eight hours before the scheduled hearing, subject to a shortening of time when a hearing is set within a shorter time frame. No hearing shall be held until the child who has reached the age of fourteen is served. For purposes of this subsection, notice to a child who has reached the age of fourteen may be effected by hand delivery, regular mail, or by facsimile or electronic mail, if receipt may be confirmed, and may consist of the last court order, if it includes the date and time of the hearing.

[~~(c)~~] (d) For purposes of this section, "party" or "parties" shall include the current foster parents."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1162
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII