SB3058 SD1

SECTION 1. The federal Child and Family Services Review of Hawaii's child welfare system recommends the use of culturally sensitive and family strengthening diversion and other supportive services to improve the safety and well-being of children and families. This Act seeks to comply with the Child and Family Services Review's recommendations by clarifying that our local customs of caring for children outside of the family home by relatives and friends and other diversion and supportive services are, where appropriate, available alternatives to the department of human services and the court assuming custody of children. This will ensure that no child is taken into custody unnecessarily and will preserve the relationships that are important to every child's well-being.

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

""Caregiver" means an adult who is not the child's legal and physical custodian but with whom a child has been residing for at least six months with the verbal or written consent of the child's legal and physical custodian; this definition applies to situations outside of the child welfare system, not situations of voluntary placement or court order.

"Safe home" means a home, other than the family home, where a child has resided with the consent of the child's legal and physical custodian, and where an adult other than the child's legal and physical custodian has demonstrated a willingness and ability to provide a home where the child is not subject to harm or threatened harm, as determined by the department. A "safe home" situation lies outside of the formal child welfare system, and shall not apply to situations involving voluntary placement or court order."

SECTION 3. Section 587-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Upon satisfying itself as to the course of action that should be pursued to best accord with the purpose of this chapter, the department shall:

(1) Close the matter if the child is residing with an appropriate caregiver who is willing and able to provide a safe home for the child provided that:

(A) There is documentation of the following:

(i) Concerns, findings, and problems that initially warranted the department's involvement, the specific needs of parents, specific services offered to address those needs, and whether the parents declined services;

(ii) The parents' acknowledgment that they understand the risk of terminating their parental rights;

(iii) Whether the caregiver is eligible to be licensed by the department; provided that the department has the discretion to determine that, even if the home is not licensable, the home is safe;

(iv) The length of time the child can live with the caregiver, and the agreed upon conditions for the child's return, including but not limited to, notice from the caregiver to the department if the child will be returned to the legal and physical custodian;

(v) Whether the caregiver and the child are entitled to the same benefits and services that are available to a foster parent and a foster child, including legal services, and whether the caregiver has been informed of these benefits and services, including obtaining an adoption or guardianship;

(vi) Whether the parents and the caregiver agreed that the caregiver can only return the child to the parents with prior notification from the department; and

(vii) Whether the legal and physical custodians cannot be located, or that based on the information that is available, they are in agreement with the placement of the child with the caregiver;

(B) If the department determines there is a need, the caregivers may be offered diversion or legal assistance services, to the extent that funding and services are available, as long as the department has determined that the caregiver is able to provide a safe home without the services offered;

[~~(1)~~] (2) Resolve the matter in an informal fashion appropriate under the circumstances[;] including but not limited to referring the child and family to a state or community resource that provides the assistance needed to address the problems in the family home;

[~~(2)~~] (3) Seek to enter into a service plan, without filing a petition in court, with members of the child's family and other authorized agency as the department deems necessary to the success of the service plan, including but not limited to, the member or members of the child's family who have legal custody of the child. The service plan may include an agreement with the child's family to voluntarily place the child in the foster custody of the department or other authorized agency, or to place the child and the necessary members of the child's family under the family supervision of the department or other authorized agency; provided that if a service plan is not successfully completed within six months, the department shall file a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter and the case shall be reviewed as is required by federal law;

[~~(3)~~] (4) Assume temporary foster custody of the child pursuant to section 587-24(a) and file a petition with the court under this chapter within three working days, excluding Saturdays, Sundays, and holidays, after the date of the department's assumption of temporary foster custody of the child; or

[~~(4)~~] (5) File a petition or [~~ensure that a petition is filed by~~] refer the matter to another appropriate authorized agency who may file a petition for jurisdiction of the child in court under this chapter."

SECTION 4. Section 587-22, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A police officer shall assume protective custody of the child without a court order and without the consent of the child's family regardless of whether the child's family is absent, if in the discretion of the police officer, the child is in such circumstance or condition that the child's continuing in the custody or care of the child's family presents a situation of imminent harm to the child.

[A police officer may assume protective custody of the child without a court order and without the consent of the child's family regardless of whether the child's family is absent, if in the discretion of the police officer:

~~(1)~~ ~~The child has no legal custodian who is willing and able to provide a safe family home for the child; or~~

~~(2)~~ There is evidence that the parent or legal guardian of the child has subjected the child to harm or threatened harm and that the parent or legal guardian is likely to flee the jurisdiction of the court with the child.]"

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.

THE SENATE	S.B. NO.	3058
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII