THE SENATE

S.B. NO.

1605

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE CHILD PROTECTIVE ACT.

 

 

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

 

     SECTION 1.  Act 144, Session Laws of Hawaii 2024, is amended as follows:

     1.   By amending section 3 to read:

     "SECTION 3.  Section 587A-9, Hawaii Revised Statutes, is amended to read as follows:

     "§587A-9  Temporary foster custody.  (a)  The department shall assume temporary foster custody of a child:

     (1)  With the consent of the child's family;

     (2)  Upon order of the court; or

     (3)  Without the consent of the child's family and without a court order, upon the transfer of protective custody from a police officer if, in the discretion of the department, the department determines that exigent circumstances are present.

     (b)  If the department assumes temporary foster custody of a child, the department shall:

     (1)  Make every reasonable effort to inform the child's parents of the actions taken, unless doing so would put another person at risk of harm;

     (2)  Unless the child is admitted to a hospital or similar institution, place the child in emergency foster care while the department conducts an appropriate investigation, with placement preference being given to an approved relative;

     (3)  With authorized agencies, make reasonable efforts to identify and notify all relatives within thirty days of assuming temporary foster custody of the child; and

     (4)  Within three days, excluding Saturdays, Sundays, and holidays:

          (A)  Relinquish temporary foster custody, return the child to the child's parents, and proceed pursuant to section 587A-11[(4),] (5), [or] (6), or (7);

          (B)  Secure a voluntary placement agreement from the child's parents to place the child in foster care, and proceed pursuant to section 587A‑11[(6)] (7) or [(8)] (9); or

          (C)  File a temporary foster custody petition with the court.

     (c)  Upon the request of the department and without regard to parental consent, any physician licensed or authorized to practice medicine in the State shall perform an examination to determine the nature and extent of harm or threatened harm to the child under the department's temporary foster custody.""

     2.   By amending section 4 to read:

     "SECTION 4.  Section 587A-11, Hawaii Revised Statutes, is amended to read as follows:

     "§587A-11  Investigation; department powers.  Upon receiving a report that a child is subject to imminent harm, has been harmed, or is subject to threatened harm, and when an assessment is required by this chapter, the department shall cause an investigation to be made as it deems to be appropriate.  In conducting the investigation, the department may:

     (1)  Enlist the cooperation and assistance of appropriate state and federal law enforcement authorities, who may conduct an investigation and, if an investigation is conducted, shall provide the department with all preliminary findings, including the results of a criminal history record check of an alleged perpetrator of harm or threatened harm to the child;

     (2)  Conduct a criminal history record check of an alleged perpetrator and all adults living in the family home, with or without consent, to ensure the safety of the child;

     (3)  Interview the child without the presence or prior approval of the child's family and temporarily assume protective custody of the child for the purpose of conducting the interview;

     (4)  Interview the alleged perpetrator and all adults living in the family home and if an interview is conducted, the interview shall be recorded by video or audio and shall be saved in the case file and included in any petition for removal;

    [(4)] (5)  Resolve the matter in an informal fashion that it deems appropriate under the circumstances;

    [(5)] (6)  Close the matter if the department finds, after an assessment, that the child is residing with a caregiver who is willing and able to meet the child's needs and provide a safe and appropriate placement for the child;

    [(6)] (7)  Immediately enter into a service plan to:

          (A)  Safely maintain the child in the family home; or

          (B)  Place the child in voluntary foster care pursuant to a written agreement with the child's parent.

          If the child is placed in voluntary foster care and the family does not successfully complete the service plan within three months after the date on which the department assumed physical custody of the child, the department shall file a petition.  The department shall not be required to file a petition if the parents agree to adoption or legal guardianship of the child and the child's safety is ensured; provided that the adoption or legal guardianship hearing is conducted within six months of the date on which the department assumed physical custody of the child;

    [(7)] (8)  Assume temporary foster custody of the child and file a petition with the court within three days, excluding Saturdays, Sundays, and holidays, after the date on which the department assumes temporary foster custody of the child, with placement preference being given to an approved relative;

    [(8)] (9)  File a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter; or

    [(9)] (10)  File a petition pursuant to section 587A-12 and seek an order for protective custody if there is reasonable cause to believe that the child is subject to imminent harm, as follows:

          (A)  The department may contemporaneously file an ex parte motion for protective custody and the court may issue an order for protective custody without notice and without a hearing;

          (B)  If an ex parte motion for protective custody is filed contemporaneously with a petition pursuant to this paragraph, the initial reports in section 587A-18(b)(1) and (2) shall not be required at the time the petition is filed; provided that the ex parte motion shall be accompanied by a written declaration setting forth the facts establishing reasonable cause to believe that a child is subject to imminent harm.  The initial reports required by section 587A‑18(b)(1) and (2) shall be filed on or before the next hearing date unless required sooner by the court;

          (C)  If the court finds reasonable cause to believe that the child is subject to imminent harm, the court shall issue a written order that a police officer immediately take the child into protective custody and transfer custody of the child to the department, which will then assume temporary foster custody of the child pursuant to section 587A-8(b);

          (D)  If an order for protective custody is issued under this paragraph, the court shall order that a police officer make every reasonable effort to personally serve the child's parents and any person who has physical custody of the child with copies of the ex parte motion and order; and

          (E)  After the court rules on the ex parte motion, the case shall proceed pursuant to section 587A‑12(c).""

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2025.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Child Protective Act; Adult Interviews; Recording; DHS

 

Description:

Provides that investigative powers of the Department of Human Services under the Child Protective Act include interviews of adults living in the family home and the alleged perpetrator in the; Requires DHS to record and save adult interviews conducted as part of an investigation of a report of harm, threatened harm, or imminent harm to a child and to include recorded adult interviews in any filed petition for removal.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.