REPORT TITLE:
Child Abuse


DESCRIPTION:
Requires the family court to set a case for a show cause hearing
if the child has been residing without the family home for a
period of twelve months or if there has been a court ordered
service plan for one year.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           151
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CHILD PROTECTIVE ACT. 


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

 1      SECTION 1.  The purpose of this Act is conform Hawaii's law
 
 2 on child protection to federal law.  The Adoption and Safe
 
 3 Families Act of 1997, Public Law 105-89, requires the states to
 
 4 initiate or join proceedings within a specified time to terminate
 
 5 parental rights for certain children in foster care. 
 
 6      SECTION 2.  Section 587-72, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (c) to read as follows:
 
 8      "(c)  Upon each review hearing the court shall consider
 
 9 fully all relevant prior and current information pertaining to
 
10 the safe family home guidelines, as set forth in section 587-25,
 
11 including but not limited to, the report submitted pursuant to
 
12 section 587-40, and:
 
13      (1)  Determine whether the child's family is presently
 
14           willing and able to provide the child with a safe
 
15           family home without the assistance of a service plan
 
16           and, if so, the court shall terminate jurisdiction;
 
17      (2)  Determine whether the child's family is presently
 
18           willing and able to provide the child with a safe
 
19           family home with the assistance of a service plan and,
 

 
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                                     S.B. NO.           151
                                                        
                                                        

 
 1           if so, the court shall return the child or continue the
 
 2           placement of the child in the child's family home under
 
 3           the family supervision of the appropriate authorized
 
 4           agency;
 
 5      (3)  If the child's family home is determined, pursuant to
 
 6           subsection (c)(2), not to be safe, even with the
 
 7           assistance of a service plan, order that the child
 
 8           remain or be placed under the foster custody of the
 
 9           appropriate authorized agency; if the child has been
 
10           residing without the family home for a period of twelve
 
11           months or if there has been a court ordered service
 
12           plan for a period of one year, the court [may] shall
 
13           set the case for a show cause hearing at which the
 
14           child's family shall have the burden of presenting
 
15           evidence to the court regarding the reasons and
 
16           considerations as the family has to offer as to why the
 
17           case should not be set for a permanent plan hearing.
 
18           Upon a show cause hearing that the court deems to be
 
19           appropriate, the court shall consider the criteria set
 
20           forth in section 587-73(a)(1), (2), and (4), or
 
21           section 587-73(e), and:
 
22           (A)  Set the case for a permanent plan hearing and
 
23                order that the authorized agency submit a report
 

 
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                                     S.B. NO.           151
                                                        
                                                        

 
 1                pursuant to section 587-40; or
 
 2           (B)  Proceed pursuant to this section;
 
 3      (4)  Determine whether the parties have complied with,
 
 4           performed, and completed every term and condition of
 
 5           the service plan that was previously court ordered;
 
 6      (5)  Order revisions to the existing service plan, after
 
 7           satisfying section 587-71(h), as the court, upon a
 
 8           hearing that the court deems to be appropriate,
 
 9           determines to be in the best interests of the child;
 
10           provided that a copy of the revised service plan shall
 
11           be incorporated as part of the order;
 
12      (6)  Enter further orders as the court deems to be in the
 
13           best interests of the child; and
 
14      (7)  Determine whether aggravated circumstances are present
 
15           and, if so, the court shall set the case for a show
 
16           cause hearing at which the child's family shall have
 
17           the burden of presenting evidence to the court
 
18           regarding the reasons and considerations as to why the
 
19           case should not be set for a permanent plan hearing."
 
20      SECTION 3.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 4.  This Act shall take effect upon its approval.
 
23 
 
24                           INTRODUCED BY:  _______________________