Report Title:

Child Protective Services; Temporary Foster Custody; Investigations; Ohana Conference

 

Description:

Extends the time the department of human services may assume temporary foster custody of a child without an order of the court from three to five working days to allow for more time to conduct an investigation.  Requires the department to conduct an ohana conference prior to deciding what course of action to take.

 

THE SENATE

S.B. NO.

134

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

rELATING TO cHILDREN.

 

 

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

 

     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] an 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.

     (b)  [Upon satisfying itself as to] Before deciding the course of action that should be pursued to best accord with the purpose of this chapter, the department shall[:] conduct an ohana conference, unless it is determined by written findings that an ohana conference is not appropriate under the circumstances, including that the conference is not in the best interest of the child.  The department may excuse a family member from the ohana conference upon written findings that it is in the best interest of the child.

     (c)  Following the ohana conference held pursuant to subsection (b), or upon determination that an ohana conference is not appropriate, 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 another appropriate authorized agency 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] five 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; or

     (4)  File a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter."

     SECTION 2.  Section 587-24, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Within [three] five 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.

 

INTRODUCED BY:

_____________________________