Report Title:

Child Protective Act; Notice of Hearings

Description:

Permits a child's grandparent to participate as a party at certain child protective hearings.

THE SENATE	S.B. NO.	2731
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to child protection.

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

     SECTION 1.  The legislature finds that grandparents are part of the natural support system for a family.  In addition to their familial relationship with the child, grandparents offer other strengths and resources, such as life experience and maturity.  The rights, knowledge, and wisdom of a child's grandparents can be instrumental to the effective conduct of certain hearings under chapter 587, Hawaii Revised Statutes, at which decisions are made regarding the best interests of the child and the need for protective services.

     The purpose of this Act is to give a child's grandparent an opportunity to participate as a party at certain child protective hearings, thereby helping to ensure the safety and well‑being of the child.

     SECTION 2.  Section 587-51.5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  Notice of all hearings subsequent to the section 587‑71 disposition hearing shall be served upon the current foster parent or foster parents[,] and each grandparent who can be located, 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 foster parents and each grandparent who can be located 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 foster parents [are] and each grandparent who can be located is 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)  For purposes of this section, "party" or "parties" shall include the current foster parents[.] and grandparents."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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