THE SENATE |
S.B. NO. |
1530 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to family court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature recognizes that the Hawaii supreme court's standing committee on children in family court considered this issue and recommended the development of a tort claim policy for children in foster care.
Accordingly, the purpose of this Act is to:
(1) Require certain persons to immediately report to the family court if the person has reason to believe that a child in foster custody has suffered an injury that may constitute a tort claim; and
SECTION 2. Chapter 587A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§587A-
Child injured in foster custody; reporting
requirements; court procedures. (a) If
a guardian ad litem, court-appointed special advocate, resource family, party,
social worker, or attorney has reason to believe that a child in foster custody
has suffered a physical, emotional, or psychological injury that may constitute
a tort claim under federal or state law, the person shall immediately report
the matter to the court in writing.
(b) Upon receiving written notice
pursuant to subsection (a), the court shall immediately schedule a hearing and
provide a copy of the written communication to all parties. At the hearing, the court shall consider
whether to issue an order pursuant to family court rules for a court-appointed
master to investigate the potential tort claim.
(c) If the court issues an order
for a court-appointed master, the order shall require:
(1) All parties to cooperate with the
court-appointed master and to gather and furnish any requested records,
reports, or data;
(2) The court-appointed master to meet
and consult with outside counsel on behalf of the injured child regarding the
merits of the potential tort claim;
(3) The court-appointed master to submit
a written report to the court by a date established by the court;
(4) That the report submitted by the
court-appointed master describe any actions taken in the case and provide
recommendations regarding the merits of the potential tort claim;
(5) That a copy of the court-appointed
master's report be submitted to all parties; and
(6) Any other actions the court deems
necessary to assist the court-appointed master in determining the merits of the
potential tort claim.
(d) Following the submission of the
court-appointed master's report, the court shall schedule a hearing for the court
to consider, after hearing from all parties and the court‑appointed
master and based on the court-appointed master's report, whether:
(1) Further action is needed; or
(2) The court will issue an order
authorizing the filing of a tort claim on behalf of the injured child.
(e) If the court issues an order
authorizing the filing of a tort claim on behalf of the injured child, the
court shall:
(1) Appoint outside counsel to represent
the injured child if the court determines that the appointment is in the best
interest of the child;
(2) Determine whether the
court-appointed master should continue to serve during the tort action;
(3) Set periodic hearings to review the
tort action; and
(4) Issue any other orders during the
tort action that are in the best interest of the injured child."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Family
Court; Minors' Foster Custody; Tort Action
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.