SB2590 HD1.DOC

SECTION 1. Section 587A-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The service plan shall provide:

(1) The specific steps necessary to facilitate the return of the child to a safe family home, if the proposed placement of the child is in foster care under foster custody. These specific steps shall include treatment and services that will be provided[,] to the child and to the perpetrator of the abuse, as necessary, actions completed, specific measurable and behavioral changes that must be achieved, and responsibilities assumed;

(2) Whether an ohana conference will be conducted for family finding and family group decision making;

(3) The respective responsibilities of the child, the parents, legal guardian or custodian, the department, other family members, and treatment providers, and a description and expected outcomes of the services required to achieve the permanency goal;

(4) The required frequency and types of contact between the assigned social worker, the child, and the family;

(5) The time frames during which services will be provided, actions must be completed, and responsibilities must be discharged;

(6) Notice to the parents that their failure to substantially achieve the objectives described in the service plan within the time frames established may result in termination of their parental rights;

(7) Notice to the parents that if the child has been in foster care under the responsibility of the department for an aggregate of fifteen out of the most recent twenty-two months from the child's date of entry into foster care, the department is required to file a motion to set a termination of parental rights hearing, and the parents' failure to provide a safe family home within two years from the date when the child was first placed under foster custody by the court, may result in the parents' parental rights being terminated; and

(8) Any other terms and conditions that the court or the authorized agency deem necessary to the success of the service plan."

SECTION 2. Section 587A-28, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) At the return hearing, the court shall decide:

(1) Whether the child's physical or psychological health or welfare has been harmed or is subject to threatened harm by the acts or omissions of the child's family;

(2) Whether the child should be placed in foster custody or under family supervision; [~~and~~] provided that in making that decision, the court shall consider whether the alleged or potential perpetrator of imminent harm, harm, or threatened harm should be removed from the family home rather than continuing the child's placement in foster care. The child's family shall have the burden of establishing that it is in the child's best interest to remove the child from the family home, rather than remove the alleged or potential perpetrator; and

(3) What services should be provided to the child's parents."

SECTION 3. Section 587A-30, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) At each periodic review hearing, the court shall review the status of the case to determine whether the child is receiving appropriate services and care, whether the case plan is being properly implemented, and whether the department's or authorized agency's activities are directed toward a permanent placement for the child. At the hearing, the court shall:

(1) Determine whether the child is safe and enter orders:

(A) That the child be placed in foster custody if the court finds that the child's remaining in the family home is contrary to the welfare of the child and the child's parents are not willing and able to provide a safe family home for the child, even with the assistance of a service plan; provided that in making that decision, the court shall consider whether the alleged or potential perpetrator of imminent harm, harm, or threatened harm should be removed from the family home rather than continuing the child's placement in foster care. The child's family shall have the burden of establishing that it is in the child's best interest to remove the child from the family home, rather than remove the alleged or potential perpetrator;

(B) That the child be placed in family supervision if the court finds that the child's parents are willing and able to provide the child with a safe family home with the assistance of a service plan; or

(C) To terminate jurisdiction if the court finds that the child's parents are willing and able to provide the child with a safe family home without the assistance of a service plan;

(2) Determine the continued need for and appropriateness of the out-of-home placement;

(3) Determine the extent to which each party has complied with the case plan and the family's progress in making their home safe for the child;

(4) Determine the family's progress in resolving the problems that caused the child harm or to be threatened with harm and, if applicable, the necessity for continued out-of-home placement of the child;

(5) Project a likely date for:

(A) The child's return to a safe family home; or

(B) The child's permanent placement out of the family home in the following order of preference:

(i) Adoption;

(ii) Legal guardianship; or

(iii) Other permanent out-of-home placement;

(6) Evaluate visitation arrangements; and

(7) Issue such further or other appropriate orders as it deems to be in the best interests of the child."

SECTION 4. Section 587A-31, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) At each permanency hearing, the court shall order:

(1) The child's reunification with a parent or parents;

(2) The child's continued placement in foster care, where:

(A) The court has considered whether the alleged or potential perpetrator of imminent harm, harm, or threatened harm should be removed from the family home rather than continuing the child's placement in foster care. The child's family shall have the burden of establishing that it is in the child's best interests to remove the child from the family home, rather than remove the alleged or potential perpetrator;

[~~(A)~~] (B) Reunification is expected to occur within a time frame that is consistent with the developmental needs of the child; and

[~~(B)~~] (C) The safety and health of the child can be adequately safeguarded; or

(3) A permanent plan with a goal of:

(A) Placing the child for adoption and when the department will file a motion to set the matter for the termination of parental rights;

(B) Placing the child for legal guardianship if the department documents and presents to the court a compelling reason why termination of parental rights and adoption are not in the best interests of the child; or

(C) Awarding permanent custody to the department or an authorized agency, if the department documents and presents to the court a compelling reason why adoption and legal guardianship are not in the best interests of the child."

SECTION 5. Section 587A-38, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The protective order may require a party to leave the party's dwelling or residence during the period of time in which the protective order is in effect[.]; provided that the court shall consider whether the alleged or potential perpetrator of imminent harm, harm, or threatened harm should be removed from the family home rather than continuing the child's placement in foster care. The child's family shall have the burden of establishing that it is in the child's best interest to remove the child from the family home, rather than remove the alleged or potential perpetrator."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	2590
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII		H.D. 1