SB134 SD1.DOC

SECTION 1. Section 587-21, Hawaii Revised Statutes, is amended to read as follows:

"§587-21 Investigation. (a) Upon receiving a report that a child is subject to imminent harm, has been harmed, or is subject to threatened harm, the department shall cause such investigation to be made as it deems to be appropriate. In conducting the investigation the department may:

(1) Enlist the cooperation of appropriate law enforcement authorities for phases of the investigation for which they are better equipped, and the law enforcement authority may conduct and provide to the department the results of a criminal history record check concerning an alleged perpetrator of imminent harm, harm, or threatened harm to a child; [~~and~~]

(2) Interview a child who is the subject of an investigation without the prior approval of and without the presence of the child's family, including temporarily assuming protective custody of the child for the purpose of conducting the interview, if the action is deemed necessary and appropriate under the circumstances by the department and a police officer[.]; and

(3) Convene an ohana conference. Prior to holding the ohana conference, the department shall make every reasonable effort to locate and invite parents, and persons identified as supports by the parents, to review formal and informal supports for the parents and child, develop a safety plan, and identify an appropriate placement within the family for the child if continued out-of-home placement is deemed necessary by the department to ensure the safety of the child.

(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) Resolve the matter in an informal fashion appropriate under the circumstances;

(2) 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 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, provided that placement preference shall be given to an appropriate relative identified by the department, 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 further 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~~] refer the matter to another appropriate authorized agency who may file a petition for jurisdiction of the child in court under this chapter and the case shall be reviewed as is required by federal law;

(3) 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; provided that placement preference shall be given to an appropriate relative identified by the department;] provided that:

(A) If an ohana conference is convened with the agreement of the family, the department shall file a petition with the court under this chapter within five working days, excluding Saturdays, Sundays, and holidays, after the date of the department's assumption of temporary foster custody of the child within the five day period. If a child is taken into temporary foster custody of the department and an ohana conference is convened, the department shall arrange and provide visitation between the child's legal custodian as soon as practicable, but in any event prior to the hearing of the petition; or

(B) If an ohana conference is not convened with the family, the department shall 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) [~~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 2. Section 587-24, Hawaii Revised Statutes, is amended to read as follows:

"§587-24 Temporary foster custody without court order. (a) When the department receives physical custody of a child from the police pursuant to section 587-22(b), the department shall assume temporary foster custody of a child without an order of the court and without the consent of the child's family regardless of whether the child's family is absent, if in the discretion of the department 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.

(b) Upon assuming temporary foster custody of a child under this chapter, the department promptly shall make every reasonable effort to inform a legal custodian of the child of the actions taken concerning the child; provided that the department may withhold such information from the child's family concerning the child as, in its discretion, is deemed to be in the best interests of the child.

(c) Upon assuming temporary foster custody of a child under this chapter, the department shall place the child in emergency foster care, unless the child is admitted to a hospital or similar institution, while it conducts an appropriate investigation; provided that placement preference for emergency foster care shall be given to the appropriate relative identified by the department. The department and authorized agencies shall make reasonable efforts to identify all relatives within six months of assuming foster custody of the child.

(d) Any physician licensed or authorized to practice medicine in this State presented with a child who is under the temporary foster custody of the department shall perform such an examination of the child, with or without the consent of the child's family, as is required in order to determine the nature and extent of any imminent harm, harm, or threatened harm to the child.

(e) [~~Within three~~] If a family elects to convene an ohana conference, within five working days, excluding Saturdays, Sundays, or holidays, after the date of its assumption of temporary foster custody, the department shall:

(1) Convene an ohana conference pursuant to the agreement of the family. If a child is taken into temporary foster custody of the department and an ohana conference is convened, the department shall arrange and provide visitation between the child's legal custodian as soon as practicable, but in any event prior to the hearing of a petition;

[~~(1)~~] (2) Relinquish its temporary foster custody and return the child to the child's legal custodian and proceed pursuant to section 587-21(b)(1), (2), or (4);

[~~(2)~~] (3) Continue its assumption of temporary foster custody of the child with the child being voluntarily placed in foster care by the child's legal custodian and proceed pursuant to section 587-21(b)(2) or (4); or

[~~(3)~~] (4) Continue its assumption of temporary foster custody of the child and proceed pursuant to section 587-21(b)(3).

(f) If an ohana conference is not convened pursuant to subsection (e), within three working days, excluding Saturdays, Sundays, or holidays, after the date of its assumption of temporary foster custody, the department shall:

(1) Relinquish its temporary foster custody and return the child to the child's legal custodian and proceed pursuant to section 587-21(b)(1), (2), or (4);

(2) Continue its assumption of temporary foster custody of the child with the child being voluntarily placed in foster care by the child's legal custodian and proceed pursuant to section 587-21(b)(2) or (4); or

(3) Continue its assumption of temporary foster custody of the child and proceed pursuant to section 587‑21(b)(3)."

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.

THE SENATE	S.B. NO.	134
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII