REPORT TITLE: 
Child protection


DESCRIPTION:
Establishes a new Child Protection Act.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2977
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO CHILD PROTECTION.



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

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5                       CHILD PROTECTION ACT
 
 6          PART I. PURPOSE, CONSTRUCTION, AND DEFINITIONS
 
 7        -1 Purpose; legislative findings.  The legislature
 
 8 finds that children are defenseless, exploitable, and vulnerable
 
 9 and that the State must intervene to protect children in
 
10 situations where they have been victims of child abuse or
 
11 neglect.  This chapter creates a child protective act to ensure
 
12 the safety and health of children who have been harmed, or are in
 
13 life circumstances that threaten harm, by the acts or omissions
 
14 of a parent or other person who is related to the child, is a
 
15 legal guardian of the child, or is residing with the child.
 
16 Furthermore, this chapter establishes the framework within which
 
17 child protective services are to be made available to:
 
18      (1)  Children who have been abused or neglected and, where
 
19           appropriate, to members of their families;
 
20      (2)  Decisions are to be made concerning the legal custody
 
21           of these children;
 
22 [B   (3)  Foster and adoptive parents who are capable of
 
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 1           providing safe and nurturing homes for children who
 
 2           have been abused or neglected are to be recruited,
 
 3           trained, licensed and supported;
 
 4      (4)  The collective efforts of the department, the police,
 
 5           the courts, and other public and private agencies and
 
 6           organizations that wish to participate in the
 
 7           protection of children who have been abused or
 
 8           neglected, may be coordinated and maximized; and
 
 9      (5)  Oversight and continuous improvement of the system of
 
10           child protection are assured through an ongoing process
 
11           of departmental, administrative, judicial, legislative,
 
12           and citizen reviews. 
 
13      The legislature finds that children deserve and require
 
14 competent, responsible parenting and safe, secure, loving, and
 
15 nurturing homes. The legislature finds that children who have
 
16 been harmed or are threatened with harm or whose physical or
 
17 psychological needs are neglected by their parents, legal
 
18 guardians, or others residing with them are less likely than
 
19 other children to realize their full educational, vocational, and
 
20 emotional potential and to become productive, self-sufficient,
 
21 law-abiding citizens, and are more likely to become involved with
 
22 the mental health system, the juvenile justice system or the
 

 
 
 
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 1 criminal justice system, thereby becoming an economic burden on
 
 2 the State. The legislature finds that prompt reporting,
 
 3 investigation, and assessment of cases involving children who are
 
 4 the victims of child abuse or neglect, coupled with:
 
 5      (1)  The out of home placement of such children where
 
 6           appropriate to ensure their safety;
 
 7      (2)  The prompt delivery of appropriate child protective
 
 8           services and treatment;
 
 9      (3)  The provision of competent legal representation for the
 
10           children and their families; and
 
11      (4)  A prompt adjudication or other determination of
 
12           parental rights and other legal custody issues,
 
13 are in the best interests of these children, their families, and
 
14 the State.  In all instances where a child becomes involved in
 
15 the child protective system established by this chapter, the
 
16 safety and well-being of the child shall be the paramount
 
17 concern.
 
18      The legislature finds that, where it is necessary to ensure
 
19 the safety of the child by taking the child into foster custody,
 
20 every effort should be made to place the child in a safe,
 
21 nurturing home, giving due consideration to the permanency
 
22 implications of the placement.  In most situations, reasonable
 
23 efforts should be made to help the child's parents or legal
 

 
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 1 guardian to succeed in remedying the problems which resulted in
 
 2 the child being abused or neglected.  Each appropriate resource
 
 3 that is reasonably available, public and private, including the
 
 4 assistance of extended family and family friends through family
 
 5 group counseling and other community programs that divert
 
 6 families from formal child protective proceedings, should be
 
 7 considered and used on a concerted basis to maximize each
 
 8 parent's or other legal guardian's potential for providing a safe
 
 9 family home for the child.
 
10      In situations where reasonable efforts to reunify the child
 
11 with the family in a safe family home are unsuccessful within a
 
12 reasonable period of time, however, the legislature finds that it
 
13 is appropriate for the department to request the court to
 
14 terminate parental rights and to make every effort to place the
 
15 child permanently in a safe and nurturing home, with adoption
 
16 being the preferred placement, including adoption by relatives
 
17 who are able to provide a safe family home, to ensure that
 
18 permanent placements will be achieved in a timely manner, it is
 
19 appropriate for the department to begin permanency planning
 
20 promptly after a petition is filed with the court, and the
 
21 planning shall include the possibility of a permanent placement
 
22 of the child outside the family home even though the department
 
23 is concurrently exercising reasonable efforts to reunify the
 
24 child with the child's family.
 

 
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 1      The legislature finds that, in those situations where the
 
 2 abuse or neglect of a child is so severe, or the chance of the
 
 3 parent or legal guardian providing a safe home is so remote, that
 
 4 no efforts to reunify the child with the family would be
 
 5 reasonable, the department should proceed without delay to seek a
 
 6 termination of parental rights and to develop a permanency plan
 
 7 that is in the best interest of the child, with adoption always
 
 8 to be the preferred permanent placement.  The legislature finds
 
 9 that the making of expeditious permanency decisions will not only
 
10 be in the long-term best interests of children, but will also
 
11 promote the more efficient allocation of the State's limited
 
12 financial and child protective services resources.  The court
 
13 shall exercise its jurisdiction in cases of child abuse or
 
14 neglect to ensure that permanency decisions are made
 
15 expeditiously, including terminating the parental rights of
 
16 parents who fail to make sufficient behavioral changes to render
 
17 them capable of providing a safe family home for the child.
 
18      The legislature finds that a critical element of the child
 
19 protection system is the ability to place a child who has been
 
20 abused or neglected, or who is in life circumstances that
 
21 threaten harm, in a qualified home.  The department should
 
22 therefore develop effective programs to recruit, train, license
 
23 and support foster care parents and adoptive parents, and have in
 

 
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 1 place a system that will effectively match children who need to
 
 2 be placed with appropriate approved homes.
 
 3      The legislature finds that the individuals and organizations
 
 4 involved in the child protection system must commit themselves to
 
 5 constant evaluation, improvement, and renewal or the system will
 
 6 become unduly bureaucratic, nonresponsive, and ineffective.  This
 
 7 requires that procedures be in place to ensure that the decisions
 
 8 and actions of the department, the court, service providers,
 
 9 child placing organizations, foster and adoptive parents,
 
10 guardians ad litem, and others involved in the child protection
 
11 system are subject to a process of ongoing review and evaluation
 
12 that are both internal (such as systematic reviews by department
 
13 supervisors of the important decisions of the workers they
 
14 supervise, death and other case reviews conducted by the
 
15 department, and employee performance evaluations), external (such
 
16 as reviews of departmental actions by the ombudsman,
 
17 administrative hearing officers, and the court) and systemic
 
18 (such as by the citizen review panels created under this chapter,
 
19 the state auditor, and the legislature).
 
20      The department shall make every reasonable effort to be
 
21 open, accessible, and communicative to the persons affected by a
 
22 prospective or pending child protective proceeding; provided that
 
23 the safety and best interests of the child shall not be
 

 
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 1 endangered in the process.  The department should also endeavor
 
 2 to educate the public about the problem of child abuse and
 
 3 neglect and to make available statistical and other information
 
 4 relating to the prevalence of child abuse and neglect in Hawaii
 
 5 and relating to the results of the State's efforts to prevent it
 
 6 from occurring and to respond when it does occur.
 
 7      This chapter, which shall be known and cited as the Child
 
 8 Protection Act, shall be liberally construed to ensure the safety
 
 9 of children and to achieve the objectives set out in this
 
10 chapter.
 
11          -2  Definitions.  When used in this chapter, unless the
 
12 context otherwise requires:
 
13      "Abandon" means:
 
14      (1)  To leave a child in circumstances where adequate
 
15           provision, taking into account the age of the child,
 
16           has not been made for the safety, care and, if
 
17           necessary, supervision of the child by a person willing
 
18           and able to accept that responsibility;
 
19      (2)  Regardless of any incidental contact or communication
 
20           with the child, to demonstrate an extreme disinterest
 
21           or lack of commitment in assuming parental
 
22           responsibility for the child;
 

 
 
 
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 1      (3)  The leaving of a child with a caretaker who does not
 
 2           know the identity or whereabouts of the parent for more
 
 3           than sixty days if the department has made reasonable
 
 4           efforts to identify or locate the parent; and
 
 5      (4)  The failure of the presumed or alleged non-adjudicated
 
 6           father to assert a claim or interest as a parent if the
 
 7           father has knowledge of the birth of the child and that
 
 8           he is the presumed or alleged father, and the mother
 
 9           has abandoned the child.
 
10      "Adjudication hearing" means a hearing held pursuant to
 
11 section     -56 for the purpose of determining whether to sustain
 
12 or dismiss a petition filed under section     - 38.
 
13      "Adoption service" means a placement service provided by the
 
14 department or a child placing organization for children who may
 
15 need or will benefit from permanent family ties established
 
16 through legal adoption.
 
17      "Agency adoptive home" means a home, including an agency
 
18 foster care home, which has been studied, approved, and certified
 
19 by the department or a child placing organization for the
 
20 placement of children for the purpose of possible adoption,
 
21 whether or not the child is legally available for adoption at the
 
22 time of placement.
 

 
 
 
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 1      "Agency foster care home" means a home, which may be a
 
 2 relative home, which has been studied, approved and certified by
 
 3 the department or a child placing organization as a home in which
 
 4 children are received for care and maintenance apart from their
 
 5 parents or legal guardians on a twenty-four hour basis.
 
 6      "Aggravated circumstances" means that one or more of the
 
 7 following circumstances are present in a case of child abuse or
 
 8 neglect:
 
 9      (1)  The parent or legal guardian has chronically caused
 
10           serious harm, including chronic sexual abuse, to the
 
11           physical or psychological health or welfare of the
 
12           child or a sibling of the child, has tortured the child
 
13           or a sibling of the child, or has maliciously caused
 
14           the child or a sibling of the child to suffer serious
 
15           physical or psychological injury;
 
16      (2)  The parent or legal guardian is suffering from a
 
17           serious mental illness or deficiency and as a result is
 
18           incapable, and is unlikely to become capable, of
 
19           providing adequate care to and ensuring the safety of
 
20           the child within the next twelve months;
 
21      (3)  The parent or legal guardian has abandoned a child who
 
22           is under three years old or has otherwise abandoned the
 
23           child in circumstances that constituted a grave danger
 
24           to the child;
 

 
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 1      (4)  The parent or legal guardian has subjected the child to
 
 2           life-threatening neglect; or
 
 3      (5)  The whereabouts of the parent or other legal guardian
 
 4           is unknown for three months after the department
 
 5           conducts a reasonably diligent search for the parent.
 
 6      "Annual report" means the written report prepared and
 
 7 submitted annually by the department in accordance with section
 
 8     -91.
 
 9      "Application" means a written request on the department's or
 
10 a child placing organization's application form made by a person,
 
11 married couple, or organization who is the applicant for
 
12 certification of their home or child caring institution as
 
13 suitable for providing foster care for and adopting one or more
 
14 children.
 
15      "Approved home" means an agency adoptive home or an agency
 
16 foster care home, a child caring institution, or a provisional
 
17 agency foster care home or provisional agency adoptive home.
 
18      "Approved home licensing worker" means the social worker
 
19 assigned to determine whether a home meets standards established
 
20 by the department or a child placing organization for
 
21 certification of a home as an approved home and to provide the
 
22 assistance to approved homes contemplated by sections     -26(h)
 
23 and (i).
 

 
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 1      "Approved homes registry" means the computerized, statewide
 
 2 registry of approved homes required to be maintained by the
 
 3 department pursuant to section     - 32.
 
 4      "Authorized services provider" means a public or private
 
 5 agency, person, or organization which is licensed or approved by
 
 6 the department or the court to provide child protective services.
 
 7      "Bad faith" means that the statements or material contained
 
 8 in a child abuse or neglect report were knowingly false or were
 
 9 designed to mislead or deceive and not the result of an honest
 
10 mistake.
 
11      "Best interests of the child", when used in reference to a
 
12 decision concerning a child, including placement of the child,
 
13 means, unless the context otherwise requires, the alternative
 
14 that maximizes, in accordance with the child's age and sense of
 
15 time, the child's opportunity for being wanted and for
 
16 maintaining on a continuous, unconditional, and permanent basis a
 
17 relationship with at least one adult who is or will become the
 
18 child's psychological parent and will provide the child a safe
 
19 and nurturing home.
 
20      "Central registry" means the computerized, statewide
 
21 registry of reports of child abuse or neglect maintained by the
 
22 department in accordance with section     -8.
 

 
 
 
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 1      "Certification" or "certified" means the issuance of a
 
 2 certificate by the department confirming that the agency adoptive
 
 3 home, agency foster care home, or child caring institution has
 
 4 met all legal requirements to receive children placed in the
 
 5 foster custody of the department.
 
 6      "Child" means a person who is born alive and is less than
 
 7 eighteen years of age.
 
 8      "Child abuse or neglect" means the acts or omissions of a
 
 9 parent, legal guardian, or other member of the child's family
 
10 that have caused, or failed to prevent, harm to the physical or
 
11 psychological health or welfare of the child or that have caused
 
12 the child to be subject to imminent or threatened harm.  A parent
 
13 or legal guardian who, by reason of the legitimate practice of
 
14 religious beliefs, withholds medically indicated treatment for a
 
15 child, may not be considered to have abused or neglected the
 
16 child for that reason alone, but this exception does not:
 
17      (1)  Eliminate the requirement that a case be reported to
 
18           the department;
 
19      (2)  Prevent the department from investigating a case; or
 
20      (3)  Preclude a court from ordering, when the health of the
 
21           child requires it, the provision of medical services,
 
22           including surgery, by a physician or other licensed
 
23           practitioner.
 

 
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 1      "Child caring institution" means any organization that has
 
 2 been studied, approved, and certified by the department or a
 
 3 child placing organization for the purpose of receiving children
 
 4 for care and maintenance apart from their parents or legal
 
 5 guardians on a twenty-four hour basis for fee or charge.  This
 
 6 term shall not apply to any boarding school which is essentially
 
 7 and primarily engaged in educational work.
 
 8      "Child placing organization" means any public or private
 
 9 organization approved by the department to engage in the
 
10 investigation, placement, and supervision of children in foster
 
11 care and that has been delegated the authority by the department
 
12 to study, approve, provisionally certify, and certify agency
 
13 foster care homes, agency adoptive homes, and child caring
 
14 institutions in conformity with minimum standards established by
 
15 the department and under the department's supervision.
 
16      "Child protective proceeding" means any action, hearing, or
 
17 other civil proceeding before the court under this chapter.
 
18      "Child protective review panel" means any of the panels
 
19 appointed in accordance with section     -89.
 
20      "Child protective services" means social services provided
 
21 by the department or an authorized services provider which are
 
22 directed toward the accomplishment of one or more of the
 
23 following purposes:
 

 
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 1      (1)  Protecting and promoting the welfare of children,
 
 2           including handicapped, homeless, dependent, or
 
 3           neglected children;
 
 4      (2)  Preventing or remedying, or assisting in the solution
 
 5           of problems which may result in, the neglect, abuse,
 
 6           exploitation, or delinquency of children;
 
 7      (3)  Preventing the unnecessary separation of children from
 
 8           their families by identifying family problems,
 
 9           assisting families in resolving their problems, and
 
10           preventing breakup of the family where the prevention
 
11           of child removal is desirable and possible with
 
12           reasonable efforts;
 
13      (4)  Restoring to their families children who have been
 
14           placed outside their homes by the department through
 
15           the provision, for a reasonable period of time, of
 
16           meaningful services to the children and their families
 
17           that will make their family homes safe; 
 
18      (5)  Placing children in suitable adoptive homes, and
 
19           assisting in completion of the adoption of children, in
 
20           cases where reunification with their biological family
 
21           or legal guardians is not safe and in the best
 
22           interests of the child; and
 

 
 
 
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 1      (6)  Assuring adequate foster care of children away from
 
 2           their family homes, in cases where the child cannot be
 
 3           returned home or cannot be placed for adoption.
 
 4      "Chronic" or "chronically" means that acts of abuse,
 
 5 including sexual abuse, have occurred on multiple occasions over
 
 6 an extended period of time.
 
 7      "Citizen review panel" means any of the panels appointed in
 
 8 accordance with section     -90.
 
 9      "Clear and convincing evidence" means the measure or degree
 
10 of proof that will produce in the mind of the trier of fact a
 
11 firm belief or conviction as to the truth of the matter sought to
 
12 be established. This measure falls between the preponderance of
 
13 the evidence standard of proof of typical civil cases and the
 
14 beyond-a-reasonable-doubt standard of proof of criminal cases.
 
15      "Community diversion programs" means the network of
 
16 community-based, prevention-focused family resources and support
 
17 programs, that may include family group conferencing, that
 
18 provide alternatives to the implementation of child protective
 
19 proceedings.
 
20      "Comprehensive health evaluation" means a physical,
 
21 developmental, and mental health evaluation of a child who is new
 
22 to foster care.  The purposes of this evaluation are to identify
 
23 the health problems of the child and to formulate a plan for
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 treatment of the problems identified.  The comprehensive health
 
 2 evaluation shall include, in addition to any additional
 
 3 evaluations that may be medically indicated as appropriate for
 
 4 the child or as the department may prescribe, the following:
 
 5      (1)  A review of medical records, including birth records
 
 6           and immunization records;
 
 7      (2)  A history of current nutrition, development, and
 
 8           behavior;
 
 9      (3)  A comprehensive physical examination, including growth
 
10           parameters and vision and hearing screens when age-
 
11           appropriate;
 
12      (4)  A developmental, behavioral, and mental health
 
13           evaluation of the child when age-appropriate;
 
14      (5)  Immunizations and tuberculosis skin testing when
 
15           medically indicated;
 
16      (6)  Blood tests when medically indicated; and
 
17      (7)  The formulation of a medical case management plan with
 
18           follow-up appointments and referrals for further
 
19           evaluation and treatment when indicated.
 
20      "Concurrent plan" means a specific written plan developed
 
21 pursuant to the concurrent planning process.  The concurrent plan
 
22 shall name each person who has been identified as a possible or
 
23 probable adoptive parent or legal custodian of the child and, if
 

 
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 1 the concurrent plan does not contemplate placing the child in an
 
 2 agency adoptive home or with a permanent custodian, a description
 
 3 of what is proposed for the child in the event parental rights
 
 4 are terminated.  The concurrent plan shall describe what
 
 5 concurrent planning has been done, including:
 
 6      (1)  Who the department has considered as possible adoptive
 
 7           parents or legal custodians;
 
 8      (2)  What steps have been and will be taken to certify the
 
 9           home of a possible adoptive parent as an agency
 
10           adoptive home;
 
11      (3)  The department's recommendation of the best permanent
 
12           placement for the child in the event the child cannot
 
13           be reunified with the child's family; and
 
14      (4)  The reasons for the department's recommendation.
 
15      "Concurrent planning" means planning undertaken by the
 
16 department, a child placing organization, or authorized services
 
17 provider to be expressed in a written concurrent plan for the
 
18 permanent placement of a child outside the family home,
 
19 preferably in a home that will be an agency adoptive home, that
 
20 planning and related home certification is to be undertaken by
 
21 the department as soon as the department believes it to be
 
22 prudent to commence the planning, but in any event not later than
 
23 promptly following a hearing that the court orders the planning
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 to be undertaken.  The concurrent plan shall be developed during
 
 2 the same time period that reasonable efforts are being made to
 
 3 reunite the child with the child's parents or legal guardian.
 
 4 The purpose of concurrent planning is to expedite the permanent
 
 5 placement of the child outside the family home in the event
 
 6 reunification efforts are not successful within a reasonable
 
 7 period of time.
 
 8      "Confirmed" means that, after such investigation as the
 
 9 department or other authorities deem appropriate, the persons
 
10 responsible for the investigation have concluded that there is
 
11 probable cause to believe that the child has been a victim of
 
12 child abuse or neglect.
 
13      "Court" means one of the family courts established pursuant
 
14 to the family court act.
 
15      "Criminal history record check" means an examination of an
 
16 individual's criminal history record, as required by subsection
 
17     -27, through fingerprint analysis and name inquiry into state
 
18 and national criminal history record files, including the files
 
19 of the Hawaii criminal justice data center.
 
20      "Day" means a calendar day unless specified as a working
 
21 day.
 
22      "Department" means the department of human services and its
 
23 employees and representatives.
 

 
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 1      "Disposition plan hearing" means the hearing held in
 
 2 accordance with section     -60, and any continuances thereof.
 
 3      "Disposition plan review hearing" means one of the periodic
 
 4 hearings held in accordance with section     -61.
 
 5      "Emergency shelter" means an approved home which is
 
 6 available for the emergency placement of a child who needs
 
 7 shelter until a decision about an appropriate foster care
 
 8 placement for the child is made.  An approved home may serve as
 
 9 an emergency shelter for a greater number of children than the
 
10 approved home is certified to receive for a period not to exceed
 
11 7 working days.
 
12      "Expunge" means to destroy or delete.
 
13      "Extended family" means each grandmother, grandfather, aunt
 
14 and uncle of the child, whether by blood or by marriage, and any
 
15 other relatives or individuals who, because of their preexisting
 
16 relationship with the child or the family, might wish to provide
 
17 assistance to the family and the department in their
 
18 reunification efforts or to provide an agency approved or
 
19 provisionally approved home for the child.  Assistance may be
 
20 provided by the extended family through the department's ohana
 
21 conferencing program or otherwise.
 
22      "Family" means, with respect to a child, each legal parent,
 
23 and, to the extent the person has not consented to adoption of
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 the child by another person, the natural mother, the natural
 
 2 father, the adjudicated, presumed, or concerned natural father as
 
 3 defined under section     -2, each parent's spouse, each sibling
 
 4 of the child or person related to the child by consanguinity or
 
 5 marriage, each other's household member and any other person who
 
 6 or legal entity that is a child's legal guardian, other than:
 
 7      (1)  The department;
 
 8      (2)  An approved home;
 
 9      (3)  A child placing organization; or
 
10      (4)  An authorized services provider.
 
11      "Family assessment" is a professional, systematic, informed
 
12 gathering and evaluation of information about the family, that
 
13 takes into account the information identified in section     -18,
 
14 for the purpose of making decisions regarding confirmation of
 
15 child abuse or neglect, protection of the child, provision of
 
16 child protective services to the child and the child's family,
 
17 reunification of the child with the family, termination of
 
18 parental rights, and establishing the permanent plan for the
 
19 child.
 
20      "Family assessment report" is a written report prepared by
 
21 the department setting forth the information obtained in making a
 
22 family assessment.
 

 
 
 
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                                     S.B. NO.           
                                                        
                                                        

 
 1      "Family home" means the home of the child's parents or legal
 
 2 guardian where care for the child's physical and psychological
 
 3 health and welfare should be provided.
 
 4      "Family supervision" means the legal status created pursuant
 
 5 to section     - 12(a)(2), or by an order of court, after the
 
 6 department or the court has determined that the child's family is
 
 7 willing and able, with the assistance of a service plan, to
 
 8 provide the child with a safe family home. Family supervision
 
 9 vests in the department the following duties and rights, subject
 
10 to the restriction as the court deems to be in the best interests
 
11 of the child:
 
12      (1)  To monitor and supervise either directly or indirectly
 
13           through delegation of the duties to an authorized
 
14           services provider, the health and safety of the child;
 
15      (2)  To monitor and evaluate the progress of family members
 
16           in meeting the goals of the service plan to which they
 
17           are parties;
 
18      (3)  To have reasonable access to the child and to each of
 
19           the family members, and access to the child's family
 
20           home, and to have authority to place the child
 
21           immediately in foster custody if the department or an
 
22           authorized services provider concludes that the child
 
23           is not safe in the family home; and
 

 
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 1      (4)  To provide the court, multidisciplinary team members,
 
 2           and authorized services providers who are providing
 
 3           child protective and foster care services with
 
 4           information concerning the child or the child's family
 
 5           that may be useful to any of them, or as shall be
 
 6           requested by any of them.
 
 7      "Family group conferencing" means a family-focused
 
 8 intervention facilitated by professional staff that is designed
 
 9 to build and strengthen the family's ability to provide a safe
 
10 and nurturing home to the child.  Family group conferencing
 
11 encompasses any professionally recognized intervention that
 
12 includes extended family and relies upon the family to make
 
13 decisions about planning for its children.  The purpose of family
 
14 group conferencing is to establish a plan that provides for the
 
15 safety, attachment, and permanency needs of the child.
 
16      "Forensic medical examination" means a medical evaluation by
 
17 a physician or nurse practitioner with advanced training in child
 
18 abuse and neglect to determine the extent of injuries that a
 
19 child has suffered.  The evaluation shall include the following:
 
20      (1)  Obtaining a detailed history of the alleged event and
 
21           reported mechanism of injury;
 
22      (2)  Interviewing or reviewing reports of interviews with
 
23           all necessary parties;
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  Reviewing scene investigation and integrating
 
 2           information with observed injuries;
 
 3      (4)  Reviewing past medical history and consultation with
 
 4           other health providers when necessary;
 
 5      (5)  Reviewing prior medical records for injuries or
 
 6           conditions that could potentially be attributable to
 
 7           maltreatment;
 
 8      (6)  Obtaining a developmental history and integrating the
 
 9           history with the proposed mechanism of injury;
 
10      (7)  Conducting a physical examination of the child;
 
11      (8)  Subspecialty pediatric consultation and coordination as
 
12           indicated;
 
13      (9)  Documentation and aging, when possible, of cutaneous
 
14           injuries, with written documentation to be accompanied
 
15           by 35 mm photographs, video imaging or prints; and
 
16     (10)  Formulation of a detailed report of all findings,
 
17           including treatment and follow-up recommendations, in
 
18           the form and content as will be admissible into
 
19           evidence.
 
20      "Foster care" means the provision of twenty-four hour out-
 
21 of-family home, substitute care for a child in an approved home.
 
22      "Foster custody" means the legal status created when the
 
23 department takes custody of a child voluntarily pursuant to
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 section     -12(a)(2), involuntarily pursuant to section     -
 
 2 12(a)(3), or pursuant to court order.  Unless the court shall
 
 3 otherwise order, foster custody vests in the department the
 
 4 following duties and rights:
 
 5      (1)  Subject to review by the court, to determine where and
 
 6           with whom the child shall be placed for foster care;
 
 7           provided that the child shall not be placed in other
 
 8           than an approved home or outside the State without
 
 9           prior order of the court;
 
10      (2)  To assure that the child is provided in a timely manner
 
11           with adequate food, clothing, shelter, psychological
 
12           care, physical care, medical care, supervision, and
 
13           other necessities;
 
14      (3)  To assure that the child receives, and to monitor the
 
15           provision to the child of, timely and appropriate
 
16           education, including special education;
 
17      (4)  To provide all consents that are required for the
 
18           child's physical or psychological health or welfare,
 
19           including emergency medical and dental treatment and
 
20           ordinary medical, dental, psychiatric, and
 
21           psychological treatment, or for the child's
 
22           educational, employment, recreational, or social needs;
 
23           to provide all consents for any major medical or
 
24           psychological care or treatment, including surgery, if
 

 
Page 25                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           the persons who were authorized to provide the consent
 
 2           prior to the department taking foster custody of the
 
 3           child are unable to consent within the time safely
 
 4           available to seek their consent or have refused to
 
 5           consent to the care or treatment and, in each case, the
 
 6           care or treatment is deemed by two physicians or two
 
 7           psychologists licensed or authorized to practice in
 
 8           this State to be necessary for the child's physical or
 
 9           psychological health or welfare;
 
10      (5)  To use reasonable efforts to secure all services and
 
11           benefits to which the child and the child's foster
 
12           parents are entitled;
 
13      (6)  To provide consent to the recording of a statement that
 
14           may be introduced into evidence as provided in section
 
15            -73;
 
16       (7) To provide the court, multidisciplinary team members,
 
17           and persons providing child protective services with
 
18           all information available to the department concerning
 
19           the child or the child's family that may be useful to
 
20           any of them, or as shall be requested by any of them;
 
21      (8)  To provide foster parents with all information
 
22           available to the department concerning the child, the
 

 
 
 
Page 26                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           child's experiences, and the child's foster care
 
 2           history; and
 
 3      (9)  To provide foster parents with information concerning
 
 4           the child's parents and other family members, other
 
 5           than psychological profiles, therapy reports, and
 
 6           similar information that the department receives only
 
 7           with the written consent of the person profiled or
 
 8           under therapy, that may be useful to the foster parents
 
 9           in carrying out their responsibilities or as shall be
 
10           requested by them.
 
11      "Foster parent" means a person who is providing foster care
 
12 to a child in an approved home, including the officer, employee,
 
13 or other person who shall be designated to have the capacity for
 
14 that child in a child caring institution.
 
15      "Guardian ad litem" means a person appointed by the court
 
16 under section     -50 whose rights and duties shall be as set
 
17 forth in section     -50 and in rules or orders of the court.
 
18      "Harm" to a child's physical or psychological health or
 
19 welfare occurs in cases where the child is injured, including
 
20 cases where:
 
21      (1)  The child dies or exhibits evidence of:
 
22           (A)  Substantial or multiple skin bruising or any other
 
23                internal bleeding;
 

 
Page 27                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           (B)  Any injury to skin causing substantial bleeding;
 
 2           (C)  Malnutrition;
 
 3           (D)  Failure to thrive;
 
 4           (E)  A burn or burns;
 
 5           (F)  Poisoning;
 
 6           (G)  Fracture of any bone;
 
 7           (H)  Subdural hematoma;
 
 8           (I)  Soft tissue swelling;
 
 9           (J)  Extreme pain;
 
10           (K)  Extreme mental distress; 
 
11           (L)  Gross degradation; or
 
12           (M)  Severe psychological injury;
 
13      (2)  The child has been the victim of sexual contact or
 
14           conduct, including rape, sodomy, sexual assault,
 
15           molestation, sexual fondling, incest or prostitution;
 
16           obscene or pornographic photographing, filming, or
 
17           depiction; or other forms of sexual exploitation;  
 
18      (3)  The child has been struck with a closed fist, or has
 
19           been kicked or beaten; 
 
20      (4)  There exists injury to the mental capacity of a child
 
21           as is evidenced by a substantial impairment in the
 
22           child's ability to function;  
 

 
 
 
Page 28                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (5)  The child is not provided in a timely manner with
 
 2           adequate food, clothing, shelter, psychological care,
 
 3           physical care, medical care, supervision, or guidance;
 
 4           or 
 
 5      (6)  The child is provided with dangerous, harmful, or
 
 6           detrimental drugs as defined by section 712-1240;
 
 7           provided that this paragraph shall not apply to a
 
 8           child's family who provides the drugs to the child
 
 9           pursuant to the direction or prescription of a
 
10           practitioner, as defined in section 712-1240.
 
11      "Household member" is a person who resides or stays over
 
12 night in a home on a regular basis.
 
13      "Imminent harm" means that there exists reasonable cause to
 
14 believe that harm to the child will occur or reoccur within the
 
15 next ninety days.
 
16      "Legal guardian" means a person who has been appointed to
 
17 this or an equivalent status by an order still in effect of a
 
18 court with jurisdiction to issue such an order, other than an
 
19 order issued under this chapter.
 
20      "Multidisciplinary team" means those professionals who
 
21 provide consultation, through a contract with the department, to
 
22 assist social workers with diagnosis, assessment, treatment
 
23 planning, or placement recommendations for families.
 

 
Page 29                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 Multidisciplinary team members shall include but not be limited
 
 2 to a psychologist, a physician or nurse practitioner with
 
 3 forensic expertise, and a social worker. 
 
 4      "Ombudsman" means, collectively, the person appointed from
 
 5 time to time as ombudsman in accordance with section 96-2, the
 
 6 persons appointed by the ombudsman in accordance with section
 
 7 96-3 and the office of the ombudsman established under chapter
 
 8 96.
 
 9      "Organization" means a for-profit or not-for-profit
 
10 corporation, limited liability company, partnership, benevolent
 
11 society, association, and each other form of legal entity.
 
12      "Out-of-home placement" means placement of a child in an
 
13 approved home.
 
14      "Party" means the department, the child, and the members of
 
15 the child's family who are required to be summoned pursuant to
 
16 section     -39(a), any other person who is alleged in the
 
17 petition filed under this chapter or who is subsequently
 
18 determined at any child protective proceeding to be encouraging,
 
19 causing, or contributing to the acts or conditions that brings
 
20 the child within this chapter and has been added as a party, and
 
21 who has been duly served with a summons and a copy of the
 
22 petition filed under this chapter; provided that the court in its
 
23 discretion otherwise orders:
 

 
Page 30                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  Foster parents who wish to participate in the
 
 2           proceedings and who, for a period of at least three
 
 3           months, are providing or have provided foster care for
 
 4           the child;
 
 5      (2)  Each person who is identified by the department or by
 
 6           the guardian ad litem as a prospective adoptive parent,
 
 7           permanent custodian, or foster parent in the concurrent
 
 8           plan for the child, and who intervenes in the
 
 9           proceeding; and
 
10      (3)  Any other person who the court orders to join, or
 
11           permits to intervene, in the proceeding as a party;
 
12 and further provided that the court may limit a party's right to
 
13 participate in any child protective proceeding if the court deems
 
14 the limitation of the party's participation to be consistent with
 
15 the best interests of the child and the party is not a person who
 
16 has parental rights that might be terminated under section     -
 
17 66.
 
18      "Permanent custody" means the legal status between the
 
19 department, child placing organization, and in some instances
 
20 foster parents, and a child created under this chapter by order
 
21 of the court after the court has terminated parental rights under
 
22 section     -66 and before the child has been adopted.
 

 
 
 
Page 31                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  Permanent custody divests from each parent or legal
 
 2           guardian who has been summoned pursuant to section
 
 3            -39, and vests in the permanent custodian, each of
 
 4           the rights and duties of a parent, including the
 
 5           following:
 
 6           (A)  Subject to review by the court, to determine where
 
 7                and with whom the child shall be placed for foster
 
 8                care; provided that a foster parent who is a
 
 9                permanent custodian shall not have this right and
 
10                the child shall not be placed in other than an
 
11                approved home or outside the State without prior
 
12                order of the court;
 
13           (B)  All of the rights and duties specified in
 
14                paragraphs (2), (3), (5), (6), (7), (8), and (9)
 
15                of the definition of foster custody; 
 
16           (C)  To provide all consents that are required for the
 
17                child's physical or psychological health or
 
18                welfare, including major medical, dental,
 
19                psychiatric, psychological, educational,
 
20                employment, recreational, or social needs,
 
21                including consents for surgery and other major
 
22                medical or psychological care or treatment; 
 

 
 
 
Page 32                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           (D)  To provide consent to adoption, change of name
 
 2                pursuant to section 574-5, and to marriage; 
 
 3           (E)  To submit written reports to the court stating the
 
 4                then-current situation and other significant
 
 5                information concerning the child at intervals
 
 6                specified in this chapter or as otherwise ordered
 
 7                by the court; and 
 
 8           (F)  If the child is moved by the department or child
 
 9                placing organization to a different approved home,
 
10                to submit a written report to the court stating
 
11                the then-current situation of the child on or
 
12                before the fifth working day after the child is
 
13                moved;
 
14      (2)  To the extent ordered by the court in the order of
 
15           permanent custody, a child's family member shall
 
16           retain, to the extent that the family member possessed
 
17           the responsibility prior to the transfer of permanent
 
18           custody, the continuing responsibility for support of
 
19           the child, including repayment of the cost of any and
 
20           all care, treatment or any other service supplied or
 
21           provided by the permanent custodian, any subsequent
 
22           permanent custodian, child placing organization,
 
23           authorized services provider or the court for the
 
24           child's benefit; 
 

 
Page 33                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  Unless otherwise ordered by the court, a family member
 
 2           may be permitted visitation with the child at the
 
 3           discretion of the permanent custodian; provided that
 
 4           the exercise of the discretion may be reviewed by the
 
 5           court on its own motion or at the request of a party or
 
 6           affected family member and the court may order that a
 
 7           family member be permitted or denied the visitation as
 
 8           is in the best interests of the child; 
 
 9      (4)  An order of permanent custody entered under this
 
10           chapter shall not operate to terminate the natural
 
11           rights of inheritance of the child and the child's
 
12           family members or any other benefit to which the child
 
13           may be entitled, unless and until the child has been
 
14           legally adopted; 
 
15      (5)  The court, in its discretion, may vest permanent
 
16           custody of a child in the department, a child placing
 
17           organization or in foster parents, as is deemed to be
 
18           in the best interests of the child; and 
 
19      (6)  An order of permanent custody entered under the chapter
 
20           shall operate to terminate the responsibility of any
 
21           parent whose parental rights have been terminated for
 
22           torts committed by the child after entry of the order
 
23           of permanent custody.  Torts committed by a child after
 

 
Page 34                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           an order of permanent custody has been entered shall be
 
 2           the responsibility of the department or the child
 
 3           placing organization, as applicable, but only to the
 
 4           extent expressly provided for in section     -81(d).
 
 5      "Permanent plan" means a specific written plan prepared in
 
 6 accordance with section     -20.
 
 7      "Permanent plan hearing" is a hearing before the court
 
 8 pursuant to section     - 67.
 
 9      "Permanent plan review hearing" means any hearing,
 
10 subsequent to a court ordered permanent plan, held pursuant to
 
11 section     -68.
 
12      "Police officer" means a person employed by any county in
 
13 this State to enforce the laws and ordinances for preserving the
 
14 peace, safety, and good order of the community and, with respect
 
15 to individuals under military jurisdiction, military police.
 
16      "Pre-placement physical examination" means a medical
 
17 evaluation by a physician or nurse practitioner to assess a child
 
18 entering or changing foster care placement.  The purpose of this
 
19 examination is to evaluate the child for the presence of
 
20 communicable diseases and to provide appropriate medical
 
21 treatment as indicated and to screen the child for evidence of
 
22 physical or sexual abuse or neglect.  The examination shall
 
23 include the following: 
 

 
Page 35                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  A history, when possible, of recent health problems;
 
 2      (2)  A review of past medical history when available; and
 
 3      (3)  A physical examination, including growth parameters,
 
 4           assessment for evidence of physical and sexual
 
 5           injuries, and evaluation for current infectious
 
 6           diseases or medical conditions that require treatment
 
 7           or follow-up.
 
 8      "Preponderance of evidence" means evidence that as a whole
 
 9 shows that the fact sought to be proved is more probable than
 
10 not.
 
11      "Protective custody" means the legal status of a child whose
 
12 physical custody is retained by a police officer under this
 
13 chapter in order to protect the child from imminent or threatened
 
14 harm.
 
15      "Provisional agency adoptive home" means a home, including a
 
16 relative home, that has a currently effective certification as a
 
17 provisional agency adoptive home.
 
18      "Provisional agency foster care home" means a home,
 
19 including a relative home, that has a currently effective
 
20 certification as a provisional agency foster care home.
 
21      "Provisional certification" means a non-renewable,
 
22 provisional certification granted pursuant to section     -9 by
 
23 the department or a child placing organization to an applicant to
 
24 become an agency adoptive home or an agency foster care home.
 

 
Page 36                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      "Reasonable cause hearing" means a hearing held pursuant to
 
 2 section     -52.
 
 3      "Reasonable cause to believe" means reasonably trustworthy
 
 4 evidence that would cause a reasonable person of average caution
 
 5 to believe. 
 
 6      "Reasonable efforts to reunify" means that reasonably
 
 7 appropriate and available services are offered or provided by or
 
 8 through the department to prevent the out of home placement of a
 
 9 child or to reunify a child with the child's parents or legal
 
10 guardian. 
 
11      "Records" means all files, documents, computer records,
 
12 tapes, reports, and other information and data, but not including
 
13 reports of abuse or neglect, that are created or gathered by the
 
14 department, including reports provided to the department by child
 
15 placing organizations, the multidisciplinary team, and authorized
 
16 services providers, as a result of or in connection with reports
 
17 of child abuse or neglect and the departments response to the
 
18 reports. 
 
19      "Relative home" means the home of a family related to the
 
20 child through blood, adoption, or marriage. 
 
21      "Report of abuse or neglect" means the initial oral
 
22 statement and, if required by section     -6(c), the subsequent
 
23 written account concerning the facts and circumstances that cause
 

 
Page 37                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 a person to have reasonable cause to believe that child abuse or
 
 2 neglect has occurred or that there exists a substantial risk that
 
 3 child abuse or neglect may occur in the reasonably foreseeable
 
 4 future.
 
 5      "Safe family home" is a home where now and in the reasonably
 
 6 foreseeable future the child will not be subject to abuse or
 
 7 neglect. 
 
 8      "Serious physical injury" means physical injury that
 
 9 involves hospitalization other than drug-exposed infants,
 
10 substantial risk of death, a fracture, extreme physical pain,
 
11 disfigurement, loss or impairment of a bodily member, organ or
 
12 mental faculty, or sex abuse.
 
13      "Service plan means" a plan prepared pursuant to section
 
14     -19.
 
15      "Social worker" means a person employed by or providing
 
16 services on behalf of the department, an authorized services
 
17 provider, or a child placing organization who holds a masters
 
18 degree in a social work program accredited by or deemed to be
 
19 equivalent to an accredited program by the Council in Social Work
 
20 Education.
 
21      "State central registry" means the data base of reports of
 
22 child abuse or neglect, and the department's assessment of those
 
23 reports, maintained by the department.
 

 
Page 38                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      "State plans" means the various plans relating to child
 
 2 protective services developed by the department in accordance
 
 3 with the requirements of federal law, including sections 422 and
 
 4 432 of Title IV-B of the Social Security Act, 42 U.S.C.  622
 
 5 and 629b, and the plans for foster care and adoption assistance
 
 6 developed by the department in accordance with section 471 of
 
 7 Title IV-E of the Social Security Act, 42 U.S.C.  671, as the
 
 8 plans may be amended from time to time.
 
 9      "Termination event" means that:
 
10      (1)  The court or another court of competent jurisdiction
 
11           has determined that: 
 
12           (A)  The parent or legal guardian has committed, or has
 
13                aided or abetted, attempted, conspired or
 
14                solicited to commit, murder or voluntary
 
15                manslaughter of the child or another child of the
 
16                parent or legal guardian; or 
 
17           (B)  The parent or legal guardian has committed a
 
18                felony assault that results in serious physical
 
19                injury to the child or another child of the parent
 
20                or legal guardian;
 
21           or
 
22      (2)  The parental rights of the parent or legal guardian to
 
23           a sibling of the child have been terminated by court
 
24           order.
 

 
Page 39                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      "Threatened harm" means any reasonably foreseeable
 
 2 substantial risk of harm to a child. 
 
 3      "Unconfirmed" means that a report of child abuse or neglect
 
 4 has been investigated but in the opinion of those responsible for
 
 5 the investigation can neither be confirmed nor found to be
 
 6 unsubstantiated.  
 
 7      "Uninvestigated" means that a report of child abuse or
 
 8 neglect was not investigated for the reasons set forth by the
 
 9 department in the record of the report in the central registry.
 
10      "Unsubstantiated" means that the reported incident of child
 
11 abuse or neglect was investigated and determined by those
 
12 responsible for the investigation not to have occurred.
 
13      "Voluntary placement" means the out-of-home placement of a
 
14 child in an agency approved home, by or with the participation of
 
15 the department, after each parent or legal guardian of the child
 
16 has signed a voluntary placement agreement that specifies, at a
 
17 minimum, that the child is in foster custody and sets forth the
 
18 rights and obligations of each parent or guardian, the child and
 
19 the department while the child is in foster custody.  
 
20      "Working day" means any day that is not a Saturday, Sunday,
 
21 or state holiday pursuant to section 8-1.
 
22          -3  Rules of construction.(a)  The provisions of this
 
23 chapter shall be liberally construed to promote the safety of
 
24 children and to achieve the objectives of this chapter. 
 

 
Page 40                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (b)  References to sections in this chapter or to other laws
 
 2 of Hawaii or the United States shall mean those sections or other
 
 3 laws as they shall be amended from time to time and any related
 
 4 rules or regulations promulgated thereunder. 
 
 5      (c)  Unless the context otherwise requires, words importing
 
 6 the singular include the plural and vice versa and words
 
 7 importing gender or the neuter include both genders and the
 
 8 neuter.
 
 9      (d)  The word "including" means including but not limited to
 
10 the items listed as included. 
 
11      (e)  Unless otherwise expressly provided to the contrary,
 
12 Saturdays, Sundays, and holidays shall be excluded in calculating
 
13 any period of seven days or less.  If the last day for the
 
14 performance of an action required by this chapter shall fall on a
 
15 Saturday, Sunday, or holiday, the date for performance of the
 
16 action shall be extended to the next succeeding working day.  In
 
17 calculating any period of two working days or less, a working day
 
18 shall be a full working day.
 
19       PART II. REPORTS OF CHILD ABUSE OR NEGLECT; RECORDS; 
 
20                         CONFIDENTIALITY 
 
21          -6  Mandatory reports.(a)  Notwithstanding any other
 
22 state law concerning confidentiality to the contrary, the
 
23 following persons who, in their professional or official
 

 
Page 41                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 capacity, observe a condition of a child or other circumstances
 
 2 that cause them to believe, or that give them reasonable cause to
 
 3 believe, that child abuse or neglect may have occurred or that
 
 4 there exists a substantial risk that child abuse or neglect may
 
 5 occur in the reasonably foreseeable future, shall immediately
 
 6 report the matter orally to the department and, if the reporter
 
 7 believes that the additional report may be appropriate to prevent
 
 8 imminent harm to the child, to the police department: 
 
 9      (1)  Any licensed or registered professional of the healing
 
10           arts and any health- related occupation who examines,
 
11           attends, treats, or provides other professional or
 
12           specialized services, including but not limited to
 
13           osteopathic physicians and surgeons, and physicians in
 
14           training and interns, psychologists, psychiatrists,
 
15           therapists, dentists, dental hygienists, paramedics,
 
16           nurses, optometrists, chiropractors, podiatrists, and
 
17           pharmacists; 
 
18      (2)  Employees or officers of any authorized service
 
19           provider or child placing organization; 
 
20      (3)  Employees or officers of any public or private school;
 
21      (4)  Social workers and other employees or officers of any
 
22           public or private agency or institution, or other
 
23           individuals, providing social, medical, hospital,
 

 
Page 42                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           clinical, or mental health services, including public
 
 2           financial assistance; 
 
 3      (5)  Employees or officers of any law enforcement agency,
 
 4           including the police departments, the sheriffs
 
 5           department, public prosecutors, correctional
 
 6           institutions, juvenile intake and assessment workers,
 
 7           and parole or probation officers; 
 
 8      (6)  Individual providers, and employees or officers of
 
 9           institutional providers, of child day care; 
 
10      (7)  Medical examiners or coroners; 
 
11      (8)  Clergy and officers and employees of churches and
 
12           religious organizations; provided that the sole basis
 
13           for a report shall not be a communication covered by
 
14           the clergy-penitent privilege; 
 
15      (9)  Parents, foster care parents, including officers and
 
16           employees of child caring institutions, guardians ad
 
17           litem, and others having responsibility for the care of
 
18           the child or sibling of the child suspected to have
 
19           been abused; 
 
20     (10)  Animal protection workers; 
 
21     (11)  Persons who process film or other visual or printed
 
22           materials when they have knowledge or observe, in their
 
23           professional capacity or employment, a film,
 

 
Page 43                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           photograph, videotape, negative, or slide that depicts
 
 2           a child engaged in a sexual act or in the simulation of
 
 3           a sexual act; provided, however, that no person shall
 
 4           be required to review films, photographs, videotapes,
 
 5           negatives, or slides for those purposes; and 
 
 6     (12)  Fire inspectors and fire fighters. 
 
 7      (b)  For purposes of the reporting requirements of
 
 8 subsection (a), there shall be reasonable cause to believe that
 
 9 child abuse or neglect has occurred where: 
 
10      (1)  There is a credible witness to the abuse;
 
11      (2)  Harm to or death of a child is not adequately
 
12           explained;
 
13      (3)  The history or explanation given concerning the
 
14           condition or death is at variance with the degree of or
 
15           type of the condition or death; or 
 
16      (4)  The circumstances indicate that the condition or death
 
17           was not the product of an accidental occurrence. 
 
18      (c)  The initial oral report shall be followed as soon as
 
19 possible by a report in writing to the department.  If the police
 
20 department receives a report of abuse or neglect that it believes
 
21 to be credible, it shall immediately notify the department of the
 
22 report and provide the information as is necessary to permit the
 
23 department to record the report in the central registry and then
 

 
Page 44                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 coordinate its investigative efforts with those of the
 
 2 department.  If a police department is the initiating agency, a
 
 3 written report shall be filed with the department for cases that
 
 4 the police take further action on or for active cases in the
 
 5 department under this chapter.  All written reports to the
 
 6 department shall contain, to the extent known, the name and
 
 7 address of the child and the child's parents or other persons
 
 8 responsible for the child's care, the child's age, the nature and
 
 9 extent of the child's injuries, any act of abuse or neglect that
 
10 the reporter observed, and any other information that the
 
11 reporter believes might be helpful or relevant to the
 
12 investigation of the report of possible child abuse or neglect.
 
13      (d)  Whenever a person designated in subsection (a) is a
 
14 member of the staff of any public or private school, agency,
 
15 department, or other organization, that staff member, in addition
 
16 to making the report required by subsection (a), shall
 
17 immediately notify the person in charge of the school, agency
 
18 department, or other organization, or a designated delegate, who
 
19 shall immediately cause to be made the written report required by
 
20 subsection (c). 
 
21      (e)  Any person subject to subsection (a) shall, upon the
 
22 request of the department or any police department, provide all
 
23 information related to the alleged incident of child abuse or
 

 
Page 45                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 neglect, including medical records and medical reports, that was
 
 2 not included in the written report submitted pursuant to
 
 3 subsection (c).
 
 4      (f)  The department shall immediately notify the police
 
 5 department of each report of child abuse or neglect it receives
 
 6 that involves sexual abuse or physical abuse or that involves a
 
 7 situation where police intervention may prevent imminent harm,
 
 8 and the department may, in its discretion, provide the
 
 9 notification in other circumstances.  The department shall
 
10 coordinate its investigative efforts with those to be undertaken
 
11 by the police department.
 
12      (g)  No privilege other than the attorney-client and clergy-
 
13 penitent privilege, shall constitute grounds for failure to
 
14 report under this chapter.
 
15      (h)  The department shall periodically publicize the
 
16 categories of individuals who are mandatory reporters, including
 
17 providing notification in licensing and license renewal materials
 
18 that will be seen by reporters.  The department shall also offer
 
19 periodic orientation and training to the individuals who are
 
20 required to make child abuse or neglect reports under this
 
21 chapter, including training by physicians and nurse practitioners
 
22 with advanced training in the diagnoses of child abuse and
 
23 neglect.
 

 
Page 46                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (i)  The department shall establish and publicize a
 
 2 statewide three-digit telephone number that is staffed twenty-
 
 3 four hours per day, seven days per week.  The telephone number
 
 4 shall be designated only for the purposes of making the reports,
 
 5 and all reports shall be recorded.  The recording shall be
 
 6 retained for a period of not less than two years and the
 
 7 applicable details of the report shall be recorded in the central
 
 8 registry. 
 
 9      (j)  A person identified in section     -6 who submits a
 
10 mandatory report shall be entitled to receive from the
 
11 department, within twenty working days after it is requested, a
 
12 written statement concerning whether the report was investigated
 
13 and:
 
14      (1)  For a report that was investigated, whether the report
 
15           was confirmed, unconfirmed, or found to be
 
16           unsubstantiated; and
 
17      (2)  For a report that was not investigated, why the report
 
18           was not investigated.
 
19          -7  Any person may report.  Any person, not otherwise
 
20 required to report pursuant to section     -6, who becomes aware
 
21 of facts or circumstances that cause a person to believe that
 
22 child abuse or neglect has occurred or that there exists a
 
23 substantial risk that child abuse or neglect may occur in the
 

 
Page 47                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 reasonably foreseeable future, is encouraged to report the matter
 
 2 orally or in writing to the department, to the police department,
 
 3 or to both.   
 
 4          -8  Central registry.(a)  The department shall
 
 5 maintain a statewide central registry of reports of child abuse
 
 6 or neglect, and concerning evaluations and dispositions of all
 
 7 reports.  The central registry shall be computerized and the
 
 8 information in the registry, including information concerning
 
 9 unsubstantiated reports until the reports are expunged, shall be
 
10 maintained for the applicable period specified in section     -
 
11 8(f).  The central registry shall:
 
12      (1)  Be readily available for review by employees of the
 
13           department;
 
14      (2)  Permit immediate retrieval of prior reports of child
 
15           abuse by name of family, child, and alleged
 
16           perpetrator;
 
17      (3)  Record the disposition of each such report; and
 
18      (4)  Contain updated information in accordance with section
 
19            -8(d) on the results of each investigation
 
20           undertaken by the department. 
 
21      (b)  Upon receiving a report that a child is subject to
 
22 imminent or threatened harm or has been harmed, the person
 
23 receiving the report shall:
 

 
Page 48                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  Record the report in the central registry;
 
 2      (2)  Check the central registry to determine if there are
 
 3           any previous reports involving the same child, family,
 
 4           or alleged perpetrator; and
 
 5      (3)  Immediately assess the report to determine whether to
 
 6           notify the police of the report, whether to investigate
 
 7           the report, or whether to take no action on the report. 
 
 8      (c)  A report of child abuse or neglect need not be acted on
 
 9 or investigated by the department if the report does not appear
 
10 to be a credible report, but all reports shall be forwarded
 
11 promptly by the department to the police department for further
 
12 action as the police department may elect to take.  A decision
 
13 that a report is not credible or otherwise need not be
 
14 investigated shall require the concurrence of the person
 
15 receiving the report and the person's supervisor, and the
 
16 identity of the individuals so concurring shall be included in
 
17 the record of the report in the central registry.  The department
 
18 shall include in the record of the report in the central
 
19 registry:
 
20      (1)  The basis for whatever action is taken on a report,
 
21           including the basis of any decision not to investigate
 
22           a report; and 
 

 
 
 
Page 49                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  The details of the forwarding of the report to the
 
 2           police department, including the date and time the
 
 3           report was forwarded and the name of the police officer
 
 4           or other person to whom the report was forwarded.
 
 5      (d)  The department shall develop a risk matrix, guidelines,
 
 6 protocols, or other procedures to be applied in assessing reports
 
 7 of child abuse or neglect, and social workers receiving reports
 
 8 of abuse or neglect shall utilize the analytical tools and
 
 9 procedures in assessing the reports and deciding their
 
10 disposition.
 
11      (e)  If the department determines that a report is to be
 
12 investigated, it shall proceed in accordance with section     -11
 
13 and the records in the central registry shall be updated in a
 
14 timely fashion to reflect the results of the investigation and
 
15 the final disposition of the report. 
 
16      (f)  A report shall be expunged from the central registry:
 
17      (1)  Within sixty days after the department, or the court
 
18           upon application of the alleged perpetrator, has found
 
19           the report to be unsubstantiated; 
 
20      (2)  In the case of a report that is uninvestigated or
 
21           unconfirmed, three years after the date of the report
 
22           if during the period there is no further report of
 
23           child abuse or neglect involving the same child, a
 
24           sibling of the child, or the same alleged perpetrator;
 
25           or
 

 
Page 50                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  In the case of a confirmed report, the last to occur
 
 2           of:
 
 3           (A)  Five years after the closing of the case arising
 
 4                out of the report; 
 
 5           (B)  The completion of payment under all related
 
 6                repayment plans; and
 
 7           (C)  The attainment of the age of eighteen years by the
 
 8                youngest child in the family involved in the
 
 9                report; provided that records may be maintained
 
10                for a longer period if so ordered by the court.
 
11          -9  Confidentiality; disclosure of the identities of
 
12 reporters and the contents of reports and records.(a)  Except
 
13 as set forth in section     -9(b), the name and any other
 
14 information that could reasonably be expected to disclose the
 
15 identity of a person who reports an incident of child abuse or
 
16 neglect shall be confidential; provided that the reporter states
 
17 that his or her identity need not be held in confidence.  The
 
18 identity of a reporter who wishes his or her identity to be held
 
19 in confidence shall not be included in the case records of the
 
20 department or in police reports available to the public, and
 
21 shall not be released by the department or by the police
 
22 department other than to those persons at the department, or
 
23 under contract with the department to conduct investigations of
 

 
Page 51                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 reports for the department, or the police department who receive,
 
 2 process, or investigate the report.  The department and the
 
 3 police department shall disclose the identity of the reporter,
 
 4 and whether the reporter has stated that his or her identity need
 
 5 not be held in confidence, when notifying the other of a report
 
 6 it has received.
 
 7      (b) In addition to the persons entitled to know the identity
 
 8 of a reporter in accordance with section     -9(a), the name of a
 
 9 reporter of child abuse or neglect who has requested that his or
 
10 her identity be held in confidence shall nevertheless be
 
11 disclosed to the following:
 
12      (1)  Civil and criminal courts requesting the information;
 
13      (2)  Civilian and military authorities, including
 
14           prosecutors investigating or prosecuting a report of
 
15           child abuse or neglect; and 
 
16      (3)  If the report relates to child abuse or neglect alleged
 
17           to have occurred in an approved home, the approved home
 
18           licensing worker and others at the department involved
 
19           in the licensing of approved homes, and the ombudsman
 
20           and any administrative hearings officer who considers
 
21           an appeal from the revocation or nonrenewal of an
 
22           approved home certification resulting from the report.
 

 
 
 
Page 52                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      Unless a court of competent jurisdiction shall otherwise
 
 2 order, each person to whom the identity of a reporter of child
 
 3 abuse or neglect who wishes his or her identity to remain
 
 4 confidential is disclosed shall maintain the confidentiality of
 
 5 the information. 
 
 6      (c)  All reports of child abuse or neglect, and all records
 
 7 of the department containing related case-specific information
 
 8 gathered and maintained by the department pertaining to
 
 9 investigations of reports, child protective services, including
 
10 medical, psychological, psychiatric, or other social agency
 
11 written or oral reports, departmental contacts, family
 
12 assessments, and other reports are confidential. 
 
13      (d)  Except as permitted by this section, every reasonable
 
14 good faith effort shall be made by the department to maintain the
 
15 confidentiality of the departments confidential reports and
 
16 records. 
 
17      (e)  Subject only to the redactions as shall be appropriate
 
18 to preserve the confidentiality of the name of a reporter who
 
19 wishes his or her identity to remain confidential in accordance
 
20 with subsections (a) and (b), and to ensure the safety and
 
21 promote the best interests of the child, copies of all reports
 
22 and records relating to a child protective case, including
 
23 certification and other records relating to each approved home in
 

 
Page 53                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 which the child has been placed, including relevant records in
 
 2 the approved homes registry, shall be promptly disclosed to, and
 
 3 information relating to a child protection case may be shared
 
 4 with: 
 
 5      (1)  The person to whom the information pertains or the
 
 6           person's authorized representative, but not including
 
 7           information concerning others having a legitimate
 
 8           confidentiality interest, such as the identity of a
 
 9           reporter of child abuse or neglect, if the reporter
 
10           wishes his or her identity to remain confidential; 
 
11      (2)  A civil or criminal court of competent jurisdiction
 
12           upon its finding, following notice to the department
 
13           and an opportunity for it to be heard, that access to
 
14           the reports and records may be necessary for the
 
15           determination of an issue before the court and that the
 
16           need for the information is not outweighed by the
 
17           interests to be served by maintaining its
 
18           confidentiality; 
 
19      (3)  A grand jury, by subpoena, upon its determination that
 
20           access to the records is necessary for the conduct of
 
21           its official business; 
 
22      (4)  Civilian or military government authorities
 
23           investigating or prosecuting a report of known or
 
24           suspected child abuse or neglect; 
 

 
Page 54                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (5)  Employees or agents of the department responsible for
 
 2           carrying out related investigations, for arranging or
 
 3           providing child or adult protective services, for
 
 4           supervising any aspect of the departments child
 
 5           protective services system, or for determining whether
 
 6           a home is to be certified or provisionally certified as
 
 7           an approved home; 
 
 8      (6)  Agencies or individuals authorized, contracted, or
 
 9           licensed to diagnose, care, treat, service, or
 
10           supervise a child or the child's family, including
 
11           members of multidisciplinary teams and consultants; 
 
12      (7)  Foster parents, including adoptive parents, providing
 
13           the approved home that the child has been placed, the
 
14           guardian ad litem, and other appointed counsel for the
 
15           child; 
 
16      (8)  In the discretion of the department, extended family
 
17           members with the consent of at least one of the parents
 
18           of the child before a petition is filed, but with or
 
19           without consent after a petition has been filed; 
 
20      (9)  Members and staff of death review, child protective
 
21           review, and citizen review panels; 
 
22     (10)  Federal, state, and local officials and their
 
23           representatives responsible for, or entitled to review,
 

 
Page 55                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           the administration and monitoring of child welfare
 
 2           service programs, including the ombudsman,
 
 3           administrative hearing officers, the court, and the
 
 4           Hawaii state auditor; 
 
 5     (11)  Individuals in authority in a community diversion
 
 6           program recognized by the department; 
 
 7     (12)  Persons to whom the release of the information is
 
 8           necessary to secure services or benefits for a child;
 
 9           and
 
10     (13)  A person, agency, or organization engaged in bona fide
 
11           research, as approved by the director of the
 
12           department, but not including information identifying
 
13           individuals, whose names shall be redacted, and subject
 
14           to the limitations as the director shall impose. 
 
15      (f)  Without limiting the provisions of section     -
 
16 9(e)(7), the department shall disclose to foster parents and the
 
17 foster child's principal treating physician copies of the foster
 
18 child's complete medical records in the department's physical
 
19 custody and relevant social history within ten working days of
 
20 foster placement.  If a child is active in the child protective
 
21 service system, physicians may share with other physicians,
 
22 orally, in writing or both, medical information without parental
 
23 consent.
 

 
Page 56                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (g)  Case-specific information disclosed under any of the
 
 2 provisions of section     -9 shall be maintained in confidence by
 
 3 the persons receiving the information and the information shall
 
 4 not be redisclosed, other than in the discretion of a court
 
 5 receiving the information, without the prior written consent of
 
 6 the department, and persons receiving the information shall
 
 7 acknowledge in writing their obligations to maintain the
 
 8 confidentiality of the information they receive. 
 
 9      (h)  To the extent that the provisions of federal law or
 
10 other state laws require that certain types of information
 
11 including information related to human immunodeficiency virus
 
12 (HIV), acquired immune deficiency syndrome (AIDS), AIDS related
 
13 complex, hepatitis B, and substance abuse, be accorded
 
14 confidential treatment that is more stringent than required by
 
15 the provisions of this section, the federal or other state law
 
16 provisions shall govern and the department shall adopt
 
17 appropriate rules, regulations, and procedures consistent with
 
18 the federal and state laws to ensure that the requisite
 
19 confidential treatment is accorded to the information and that
 
20 the release of the information shall be made only in accordance
 
21 with the requirements of the provisions. 
 
22      (i)  Public disclosure may be made, at the discretion of and
 
23 to the extent deemed necessary or appropriate by the director of
 

 
Page 57                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 the department, of findings and information regarding a case of
 
 2 child abuse or neglect.  In a case of child abuse or neglect in
 
 3 which the child has died, public disclosure shall be made by the
 
 4 department of all information available to it following review of
 
 5 the case by the child protective review panel, unless otherwise
 
 6 ordered by the court for good cause shown in an application by
 
 7 the department, members of the child protective review panel or
 
 8 another interested persons.  Public disclosure shall be made of
 
 9 statistical and similar information gathered by the department
 
10 relating to child abuse and neglect and the provision of child
 
11 protective services that is not case specific, including the
 
12 information required under section     -91 to be included in the
 
13 department's annual report.
 
14        PART III. INVESTIGATION AND DISPOSITION OF REPORTS
 
15                     OF CHILD ABUSE OR NEGLECT
 
16          -11  Investigations.(a)  If the department determines
 
17 that a report of abuse or neglect should be investigated, it
 
18 shall cause the investigation to be commenced within two working
 
19 days or earlier if the circumstances described in the report
 
20 warrant an immediate investigation and then to be completed, or
 
21 substantially completed, within the period of time not to exceed
 
22 twenty working days as is necessary under the circumstances.  
 
23      (b)  In conducting an investigation, the department: 
 

 
Page 58                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  May enlist the cooperation of an appropriate law
 
 2           enforcement authority in any phase of the
 
 3           investigation.  The law enforcement authority may
 
 4           conduct an investigation upon the request of the
 
 5           department or on its own initiative, and it shall
 
 6           provide to the department the results of the
 
 7           investigation, including the results of a criminal
 
 8           history record check concerning an alleged perpetrator
 
 9           of harm, imminent harm, or threatened harm to a child;
 
10      (2)  Shall observe the child who is the subject of the
 
11           investigation, and, to the extent age appropriate, meet
 
12           and interview the child outside the presence of the
 
13           alleged perpetrator, and, if the perpetrator is
 
14           unknown, outside the presence of all family members,
 
15           and may do so without the prior approval of and without
 
16           the presence of any other member of the child's family,
 
17           and may assume temporary protective custody of the
 
18           child for the purpose of conducting the interview, if
 
19           the action is deemed necessary and appropriate under
 
20           the circumstances by the department or a police
 
21           officer; 
 
22      (3)  Shall convene a multidisciplinary team meeting to
 
23           review cases that, based on guidelines developed by the
 
24           department, present a high risk for further abuse or
 

 
Page 59                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           neglect.  The cases shall include at least the
 
 2           following:  
 
 3           (A)  Cases of serious physical injury; 
 
 4           (B)  Cases involving siblings of a child who is
 
 5                believed or suspected to have died as a result of
 
 6                abuse or neglect; 
 
 7           (C)  Cases already active in the department, and cases
 
 8                previously closed, in which there has been an
 
 9                additional incident of abuse or neglect of the
 
10                child or a sibling of the child; 
 
11           (D)  Cases where there is a difference of opinion
 
12                between the physician and the investigating social
 
13                worker as to the explanation of the injury given
 
14                by the family; and
 
15           (E)  Cases in which the child is diagnosed with
 
16                failure-to-thrive or in which the family of a
 
17                child who has been medically neglected fails to
 
18                comply with the recommendations of the treating
 
19                physician.
 
20           The multidisciplinary team and the social worker
 
21           assigned to the case by the department shall arrive at
 
22           a consensus agreement on recommendations reached at the
 
23           multidisciplinary team meeting.  If the social worker
 

 
Page 60                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           assigned by the department is in disagreement with the
 
 2           assessment and recommendations of the multidisciplinary
 
 3           team, the assessment and recommendations of the team
 
 4           shall be presented in full to the director and, after a
 
 5           petition has been filed, to the court; 
 
 6      (4)  Shall provide the appropriate police department or
 
 7           office of the prosecuting attorney with all relevant
 
 8           information concerning a case of child abuse or
 
 9           neglect, without redaction or other restriction, when
 
10           the information is requested by the police department
 
11           or the office of the prosecuting attorney for the
 
12           investigation or prosecution of that case, or when the
 
13           department concludes that the information should be so
 
14           provided. 
 
15      (c)  If a report of child abuse or neglect is confirmed, the
 
16 department's investigation shall seek to identify extended family
 
17 members who might be available to provide appropriate support for
 
18 the family or to provide a provisionally certified home for the
 
19 child.  The department, at that time and with respect as it or
 
20 the court may deem appropriate, may seek the assistance of the
 
21 extended family members through family group conferencing or in
 
22 the other manner as the department determines is appropriate;
 
23 provided that the assistance may be sought only with the consent
 

 
Page 61                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 of at least one parent or legal guardian or by order of the
 
 2 court.
 
 3          -12  Disposition of investigated reports.  (a)  Upon
 
 4 satisfying itself through an investigation of a report of child
 
 5 abuse or neglect as to the course of action that should be
 
 6 pursued to best accord with the purposes of this chapter:
 
 7      (1)  The department shall resolve the matter in an informal
 
 8           fashion appropriate under the circumstances, that may
 
 9           include diversion to community diversion programs and
 
10           may include family group conferencing that enlists the
 
11           support of extended family members, if the report is
 
12           unconfirmed or unsubstantiated or if the report is
 
13           confirmed but the department nevertheless determines
 
14           that the child may remain safely in the family home
 
15           without a service plan;  
 
16      (2)  The department may seek to enter into a service plan
 
17           with appropriate members of the family, and may require
 
18           participation in family group conferencing, if the
 
19           report is confirmed and the department determines
 
20           either that the child may remain safely in the family
 
21           home under family supervision by the department with a
 
22           service plan or that the family is willing to
 
23           voluntarily place the child in the foster custody of
 

 
Page 62                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           the department or other child placing organization and
 
 2           to enter into a service plan that the department
 
 3           believes will permit reunification of the child with
 
 4           the family within six months.  The parties to the
 
 5           service plan shall include the members of the child's
 
 6           family as the department deems necessary to the success
 
 7           of the service plan, including the member or members of
 
 8           the child's family who have legal custody of the child
 
 9           and household members who are perpetrators of the abuse
 
10           or neglect.  If a service plan that does not involve
 
11           placing the child outside the family home for more than
 
12           thirty days is assessed at any time as not likely to be
 
13           successfully completed within six months or is not
 
14           successfully completed within six months, the
 
15           department shall file a petition in accordance with
 
16           section     -38(a)(1) or     -38(a)(2), as applicable.
 
17           If a service plan involves voluntarily placing the
 
18           child outside the home and the child remains outside
 
19           the family home in the voluntary foster custody of the
 
20           department for thirty days or more, of which days need
 
21           not be consecutive, a petition shall be filed by the
 
22           department in accordance with section     -38(a)(3);
 

 
 
 
Page 63                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  The department shall assume foster custody of the child
 
 2           if:
 
 3           (A)  The report is confirmed;
 
 4           (B)  The department determines that the child may not
 
 5                remain safely in the family home with or without a
 
 6                service plan; and
 
 7           (C)  The child's family is not willing to voluntarily
 
 8                place the child in foster custody. If the
 
 9                department assumes foster custody of a child
 
10                involuntarily, it shall file or cause to be filed
 
11                a petition under section     -38(a)(4) not later
 
12                than two working days after the taking of foster
 
13                custody; provided that a petition need not be
 
14                filed if the department concludes that the child
 
15                may be returned safely to the family home with or
 
16                without a service plan, and then relinquishes its
 
17                foster custody and returns the child to the
 
18                child's parents or legal guardian within a two
 
19                working day period;
 
20           and 
 
21      (4)  If the department concludes:
 
22           (A)  That the case involves an aggravated circumstance
 
23                or a termination event; and
 

 
Page 64                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           (B)  That an immediate termination of parental rights
 
 2                should be sought, the department shall take foster
 
 3                custody of the child and file a petition within
 
 4                two working days seeking a termination of parental
 
 5                rights in accordance with section     -38(a)(7)
 
 6                and section     -38(b)(2).
 
 7      (b)  Each time the department takes any of the actions
 
 8 specified in section     -12(a), it shall update the central
 
 9 registry to record the action thus taken.
 
10          -13  Authorization for forensic evaluation, color
 
11 photographs, x-rays, and radiological or other diagnostic
 
12 examinations.(a)  Any child health professional or
 
13 paraprofessional, physician licensed or authorized to practice
 
14 medicine in this State, including osteopathic physicians and
 
15 surgeons, physicians in training, registered nurse or licensed
 
16 practical nurse, psychologist, dentist, optometrist,
 
17 chiropractor, podiatrist, hospital or similar institution's
 
18 personnel engaged in the admission, examination, care, or
 
19 treatment of patients, medical examiner, coroner, social worker,
 
20 or police officer, who observes a child whom the person
 
21 reasonably believes may have been subjected to child abuse or
 
22 neglect, and the department upon taking custody of a child in
 
23 accordance with section     -12 or from a police officer in
 

 
Page 65                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 accordance with section     -14, shall make every good faith
 
 2 effort immediately:
 
 3      (1)  To refer the child to a medical facility qualified to
 
 4           perform a forensic medical evaluation and to document
 
 5           properly the injuries observed; or
 
 6      (2)  If a referral is not practicable, to take or cause to
 
 7           be taken color photographs of the areas of trauma
 
 8           visible on the child. If medically indicated, the
 
 9           person or the medical facility that the child is
 
10           referred may take or cause to be taken x-rays of the
 
11           child or cause a radiological or other diagnostic
 
12           examination to be performed on the child. 
 
13      (b)  Color photographs, x-rays, radiological, or other
 
14 diagnostic examination reports showing evidence of harm, imminent
 
15 harm, or threatened harm to a child believed to have resulted
 
16 from abuse or neglect shall be affixed to a written record that
 
17 sets forth the date, the name of the child, the name of the
 
18 person who took the photograph or x-rays, or conducted the
 
19 forensic, radiological, or other diagnostic examination, and the
 
20 name of any other individuals who witnessed the performance of
 
21 the examination or the taking of the color photographs or x-rays
 
22 or the performance of the radiological or other diagnostic
 
23 examination.
 

 
Page 66                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      Written record shall be forwarded immediately to the
 
 2 department.
 
 3          -14  Protective custody by police officer without court
 
 4 order.(a)  A police officer shall assume protective custody of
 
 5 a child without a court order and without the consent of the
 
 6 child's family if, in the discretion of the police officer;
 
 7      (1)  The child appears to have been abandoned; 
 
 8      (2)  The child is in circumstances or conditions that the
 
 9           child's continuing in the custody or care of the
 
10           child's family appears to present a situation of
 
11           imminent or threatened harm to the child; or 
 
12      (3)  There is evidence that the parent or legal guardian of
 
13           the child has subjected the child to child abuse or
 
14           neglect and that there is reasonable cause to believe
 
15           that the parent or guardian may flee the jurisdiction
 
16           of the court with the child.
 
17      (b)  A police officer who assumes protective custody of a
 
18 child shall immediately complete transfer of protective custody
 
19 to the department by presenting physical custody of the child to
 
20 the department, unless the child is or presently will be admitted
 
21 to a hospital or similar institution, in which case the police
 
22 officer shall promptly complete transfer of protective custody to
 
23 the department by so informing the department and receiving an
 

 
Page 67                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 acknowledgment from the hospital or similar institution that it
 
 2 has been informed that the child is under the foster custody of
 
 3 the department.
 
 4      (c)  Upon the completion of the transfer of protective
 
 5 custody of a child by a police officer to the department, the
 
 6 department shall automatically assume foster custody of the
 
 7 child, conduct an investigation in accordance with section     -
 
 8 11, and then proceed in accordance with section     -12, as the
 
 9 department shall deem appropriate.
 
10          -15  Foster custody without court order.(a)  When the
 
11 department receives physical custody of a child from the police
 
12 pursuant to section     -14(b), or takes physical custody of a
 
13 child during the course of an investigation in accordance with
 
14 section     -12, the department shall assume foster custody of
 
15 the child without an order of the court and with or without the
 
16 consent of the child's family if, in the judgment of the
 
17 department pending or following its investigation, the child is
 
18 in circumstances or conditions that continuing the child in the
 
19 custody or care of the child's family presents a situation of
 
20 imminent or threatened harm to the child. 
 
21      (b)  Upon assuming foster custody of a child under this
 
22 chapter, the department promptly shall make every reasonable
 
23 effort to inform a parent or legal guardian of the child of the
 

 
Page 68                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 actions taken concerning the child; provided that the department
 
 2 may withhold the information from the child's family as, in its
 
 3 discretion, is deemed to be necessary or appropriate to ensure
 
 4 the child's safety. 
 
 5      (c)  Upon assuming foster custody of a child under this
 
 6 chapter, the department shall place the child in an agency
 
 7 adoptive home, an agency foster care home, including an emergency
 
 8 shelter, a provisional agency foster care home, a provisional
 
 9 agency adoptive home, or a child caring institution, unless the
 
10 child is admitted to a hospital or similar institution, while it
 
11 conducts an appropriate investigation. 
 
12      (d)  Any physician licensed or authorized to practice
 
13 medicine in this State presented with a child who is under the
 
14 foster custody of the department shall perform an examination of
 
15 the child, with or without the consent of the child's family, as
 
16 is required in order to determine the nature and extent of any
 
17 harm, imminent harm, or threatened harm to the child. 
 
18      (e)  Within two working days after the date of its
 
19 assumption of foster custody, the department shall: 
 
20      (1)  Relinquish its foster custody and return the child to
 
21           the child's parent or legal guardian if the department
 
22           concludes from its investigation that it should proceed
 
23           pursuant to section     -12(a)(1) or the applicable
 
24           provisions of section     -12(a)(2); 
 

 
Page 69                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  Continue its assumption of foster custody of the child
 
 2           with the child being voluntarily placed in foster
 
 3           custody by the child's parent or legal guardian and
 
 4           proceed pursuant to section     -12(a)(2); or 
 
 5      (3)  Continue its assumption of foster custody of the child
 
 6           and proceed pursuant to section     -12(a)(3) or     -
 
 7           12(a)(4).
 
 8          -16  Foster custody placements; health insurance and
 
 9 assessments.(a)  When the department first takes foster custody
 
10 of a child, and for up to seven working days thereafter, it may
 
11 place the child in any approved home, including an emergency
 
12 shelter, a therapeutic home, or a provisionally approved home.
 
13 If the department is to retain foster custody of the child for
 
14 more than seven days, it shall, within a seven day period, taking
 
15 into account the age and other characteristics of the child, the
 
16 best interests of the child and the department's best
 
17 professional judgment about the possibility that the child
 
18 ultimately will not be returned to his or her family home:
 
19      (1)  Review its approved home registry;
 
20      (2)  Consider extended family members who may wish to become
 
21           a provisionally certified home; and  
 
22      (3)  Place the child in the most suitable approved home then
 
23           available for that child. 
 

 
Page 70                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (b)  The department shall make every reasonable effort to
 
 2 minimize the number of times that the placement of a child in
 
 3 foster custody is changed.  Unless a placement change is deemed
 
 4 by the department for good reasons to be in the best interests of
 
 5 the child, such as where a child who then appears likely to
 
 6 become available for adoption is moved from an agency foster care
 
 7 home to an agency adoptive home, and except as shall be requested
 
 8 by the foster parents with whom the child is placed or as shall
 
 9 be ordered by the court, a child's foster care placement shall
 
10 not be changed once the child has been in foster custody of the
 
11 department for more than sixty days. 
 
12      (c)  Each child placed in foster care shall be covered by an
 
13 established comprehensive health care plan meeting the
 
14 requirements of the department.  Each foster parent of a child
 
15 placed in foster care shall be provided with evidence of the
 
16 child's coverage under the plan, including the telephone number
 
17 of the child's health plan.  From and after the first day of
 
18 placement, the foster parents may seek and obtain ordinary
 
19 medical care, immunizations, and well-baby and well-child medical
 
20 services. 
 
21      (d)  The department shall ensure that every child entering
 
22 foster care receives a pre-placement physical examination within
 
23 twenty-four hours of each placement.  Every effort shall be made
 

 
Page 71                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 to ensure that this pre-placement physical is conducted by the
 
 2 child's regular medical provider.  In the event that the medical
 
 3 provider is unavailable or if there is no identifiable medical
 
 4 provider, the child shall be referred to a medical facility where
 
 5 a forensic medical evaluation is available for the child if
 
 6 needed.  If a child is found to have evidence of recent injuries,
 
 7 the child shall be immediately referred for a forensic medical
 
 8 evaluation.
 
 9      (e)  The department shall ensure the provision of a
 
10 comprehensive health assessment within thirty working days after
 
11 the initial out-of-home placement of a child.
 
12          -17  Family reunification efforts; child safety.  (a)
 
13 In the case of any confirmed report of child abuse or neglect,
 
14 except in the case where the department concludes that one or
 
15 more aggravated circumstances or termination events are present,
 
16 the department shall make reasonable efforts, as embodied in a
 
17 service plan, to prevent or eliminate the need for removing the
 
18 child from the child's home or, if the removal is believed by the
 
19 department to be appropriate to ensure the child's safety, to
 
20 make it possible within a reasonable period of time for the child
 
21 to safely return to the family.  
 
22      (b)  In determining from time to time whether to provide
 
23 reunification services and what services to provide, the
 
24 department shall:
 

 
Page 72                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  Investigate the incidents and surrounding circumstances
 
 2           leading to the removal of the child from the family
 
 3           home; 
 
 4      (2)  Obtain, if appropriate, psychological evaluations of
 
 5           the parents or legal guardians;
 
 6      (3)  Monitor the progress of the parents or legal guardians
 
 7           in carrying out the service plan;
 
 8      (4)  Secure the recommendations of a multidisciplinary team
 
 9           where required or helpful and seek the other
 
10           professional advice as it believes necessary to assist
 
11           it in reaching informed conclusions; and
 
12      (5)  Report from time to time to the court in accordance
 
13           with section     -44 concerning whether reunification
 
14           is likely to be successful or unsuccessful and whether
 
15           failure to order reunification efforts is likely to be
 
16           detrimental to the child.  The failure of the parent or
 
17           guardian to respond to previous services, the fact that
 
18           the child was abused while the parent or guardian was
 
19           under the influence of drugs or alcohol, a past history
 
20           of violent behavior, or testimony by a competent
 
21           professional that the parent's or guardian's behavior
 
22           is unlikely to be changed by services are among the
 
23           factors indicating that reunification services are
 

 
Page 73                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           unlikely to be successful. The fact that a parent or a
 
 2           guardian is no longer living with an individual who
 
 3           severely abused the child may be considered in deciding
 
 4           that reunification services are likely to be
 
 5           successful; provided that the court shall consider any
 
 6           pattern of behavior on the part of the parent or
 
 7           guardian that exposed the child to abuse or neglect by
 
 8           the perpetrator. 
 
 9      (c)  Once a petition has been filed, unless a termination of
 
10 parental rights is being sought, the court shall order the
 
11 department to provide services to the child and the child's
 
12 parent or guardian, in accordance with a court-approved service
 
13 plan, for the purpose of facilitating reunification as follows: 
 
14      (1)  For a child who, on the date of initial removal from
 
15           the physical custody of his or her parents or guardian,
 
16           was three years of age or older, court-ordered services
 
17           shall not exceed a period of twelve months unless the
 
18           court determines for good cause shown to extend
 
19           services beyond that period; and 
 
20      (2)  For a child who, on the date of initial removal from
 
21           the physical custody of his or her parents or guardian,
 
22           was under the age of three years, court ordered
 
23           services shall not exceed a period of nine months
 

 
Page 74                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           unless the court determines for good cause shown to
 
 2           extend services beyond that period. 
 
 3      (d)  With regard to any extension of the time period for
 
 4 providing services under subsection (c), the court shall extend
 
 5 the time for providing services and seeking reunification only if
 
 6 it finds that:
 
 7      (1)  There is a substantial possibility that the objectives
 
 8           of the service plan can be achieved and that the child
 
 9           will be returned to the physical custody of his or her
 
10           parent or guardian within the extended time period; or 
 
11      (2)  Reasonable services have not been provided to the
 
12           parent or guardian without any fault on the part of the
 
13           parent or guardian.  If the court extends the time
 
14           period, it shall specify the factual basis for its
 
15           decision and specifically find that there is a
 
16           substantial possibility that the child will be returned
 
17           to the physical custody of the parent or guardian
 
18           within the extended time period.  When counseling or
 
19           other treatment services are offered, the parent or
 
20           guardian shall be ordered to participate in those
 
21           services, unless the parent or guardians participation
 
22           is deemed by the court to be inappropriate or
 
23           potentially detrimental to the child. 
 

 
Page 75                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (e)  Physical custody of the child by the parent or guardian
 
 2 during portions of the periods specified in subsection (c) shall
 
 3 not serve to interrupt the running of the periods specified in
 
 4 subsection (c). 
 
 5      (f)  In every case before the court, the court shall inform
 
 6 the parent or guardian that the failure to participate in any
 
 7 court-ordered treatment program or to cooperate or avail himself
 
 8 or herself of services provided as part of the service plan may
 
 9 result in a cessation of efforts to reunify the family and result
 
10 in a termination of parental rights. 
 
11      (g)  Reunification services need not be provided, or
 
12 continue to be provided, to a parent or guardian when the court
 
13 finds, by clear and convincing evidence, any of the following: 
 
14      (1)  That the child abuse or neglect by the person involved
 
15           aggravated circumstances; 
 
16      (2)  That the person engaged in conduct that gives rise to a
 
17           termination event or that another court of competent
 
18           jurisdiction has so found; 
 
19      (3)  That the family home contains an unknown perpetrator of
 
20           harm to the child; 
 
21      (4)  That the whereabouts of the child's parents or legal
 
22           guardians are unknown; or 
 
23      (5)  That:
 

 
Page 76                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           (A)  Services have been provided for the periods
 
 2                specified in subsection (c) as applicable; 
 
 3           (B)  There does not appear to be a substantial
 
 4                possibility that further services will be
 
 5                successful and lead to reunification of the
 
 6                family; and
 
 7           (C)  It is not in the best interests of the child to
 
 8                continue to pursue reunification. 
 
 9      (h)  If reunification services are not ordered in a case
 
10 before the court solely because the whereabouts of a parent are
 
11 unknown, and the whereabouts of the parent become known within
 
12 six months of the out-of-home placement of the child, the court
 
13 shall order the department to provide reunification services.  If
 
14 the parent or guardian is incarcerated or institutionalized, the
 
15 court shall order reasonable services unless:
 
16      (1)  One or more of the circumstances described in
 
17           subsection (f) is present; or 
 
18      (2)  The court determines by clear and convincing evidence
 
19           that those services would be detrimental to the child
 
20           or would not result in reunification within a
 
21           reasonable period of time.  In determining detriment to
 
22           the child, the court shall consider the age of the
 
23           child, the degree of parent-child bonding, the length
 

 
Page 77                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           of the sentence, the nature of the proposed services,
 
 2           the nature of the crime or illness, the degree of
 
 3           detriment to the child if services are not offered, the
 
 4           child's attitude toward the implementation of family
 
 5           reunification services if the child is twelve years of
 
 6           age or older, and any other appropriate factors. An
 
 7           incarcerated person may be required to attend
 
 8           counseling, parenting classes, or vocational training
 
 9           programs as part of a service plan, if the programs can
 
10           be made available to the person under applicable prison
 
11           rules and regulations. 
 
12      (i)   Reunification services may include, where appropriate
 
13 in the judgment of the department or the court: 
 
14      (1)  Maintaining contact between parent and child through
 
15           visits and telephone calls, including efforts by the
 
16           department to arrange the visits at times such as after
 
17           school and on weekends and holidays that are not
 
18           detrimental to the child and that are consistent with
 
19           the parents employment and service plan requirements;
 
20      (2)  Transportation services; 
 
21      (3)  Reasonable services to extended family members or
 
22           foster parents providing care for the child if the
 
23           services are not detrimental to the child; and 
 

 
Page 78                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (4)  Other group and individual counseling and services
 
 2           regarding parenting skills, anger management, drug
 
 3           rehabilitation, and other matters that are intended to
 
 4           render the family home a safe home for the child.
 
 5          -18  Family assessments.(a)  In making its assessment
 
 6 of the family and family home of a child who has been abused or
 
 7 neglected, the following information, to the extent available,
 
 8 shall be carefully weighed by the department and the court when
 
 9 determining whether the child's family is willing and able to
 
10 provide the child with a safe family home: 
 
11      (1)  The current facts relating to the child, that include
 
12           the services being provided to the child and the
 
13           child's:
 
14           (A)  Age, developmental growth, and physical and mental
 
15                vulnerability; 
 
16           (B)  Psychological, medical, dental, educational, and
 
17                special needs, and how they are being addressed by
 
18                the family; 
 
19           (C)  Peer and family relationships and bonding
 
20                abilities; 
 
21           (D)  Current living situation; 
 
22           (E)  Fear of being in the family home; and 
 
23           (F)  Desire to be in the family home;
 

 
Page 79                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  The initial and any subsequent reports of harm or
 
 2           threatened harm suffered by the child and the
 
 3           surrounding circumstances, including the magnitude and
 
 4           frequency of the harm suffered by the child and whether
 
 5           there are aggravated circumstances; 
 
 6      (3)  Dates and reasons for each of the child's placements
 
 7           out of the home, including a description of the
 
 8           placement, whether the department or a child placing
 
 9           organization had placement responsibility, and the
 
10           reasons for each change of placement; 
 
11      (4)  Historical facts relating to the alleged perpetrator
 
12           and other family members and extended family members
 
13           who are participating in family group conferencing, are
 
14           parties or are otherwise assisting the child and the
 
15           family, that includes: 
 
16           (A)  Their birthplace and family of origin; 
 
17           (B)  How they were parented; 
 
18           (C)  Their marital relationship histories; 
 
19           (D)  Their previous experience in raising children; 
 
20           (E)  Their emotional and psychological attachment to
 
21                the child; and 
 
22           (F)  Their prior involvement in services; 
 

 
 
 
Page 80                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (5)  The results of psychiatric, psychological, and
 
 2           developmental evaluations, as deemed appropriate by the
 
 3           department or the court, of the child, the alleged
 
 4           perpetrator, and other family members who are parties;
 
 5      (6)  The history of any abusive or assaultive conduct by the
 
 6           child's family or others who have access to the family
 
 7           home; 
 
 8      (7)  The history of any substance abuse by the child's
 
 9           family or others who have access to the family home;
 
10      (8)  Whether the perpetrator has acknowledged and apologized
 
11           for the harm; 
 
12      (9)  Whether the perpetrator has been removed from and will
 
13           not return to the family home; 
 
14     (10)  Whether a non-perpetrator who resides in the family
 
15           home has demonstrated the ability to protect the child
 
16           from further harm and to ensure that any protective
 
17           orders entered by the court are enforced; 
 
18     (11)  Whether there is a support system of extended family
 
19           available to assist the child's family; 
 
20     (12)  Whether the child's family has demonstrated an
 
21           understanding and utilization of the services
 
22           recommended or ordered by the department or the court
 
23           to effectuate a safe home for the child; 
 

 
Page 81                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1     (13)  Whether the child's family has resolved or can resolve
 
 2           the identified safety issues in the family home within
 
 3           a reasonable period of time; 
 
 4     (14)  Whether the child's family has demonstrated the ability
 
 5           to understand, communicate with, nurture, and
 
 6           adequately parent the child, including meeting the
 
 7           child's physical and emotional needs and providing
 
 8           adequate guidance and supervision to ensure the child's
 
 9           safety; and 
 
10     (15)  Whether the case has been considered by a
 
11           multidisciplinary team and, if so, the recommendation
 
12           of the multidisciplinary team and a copy of any report
 
13           it has made. 
 
14      (b)  In any proceeding that the court is required to
 
15 determine whether the child's family is willing and able to
 
16 provide the child with a safe family home, the department shall
 
17 provide in a family assessment report as much of the information
 
18 identified in subsection (a) as it has been able to ascertain
 
19 with reasonable efforts, together with:
 
20      (1)  The department's assessment of the ability of the
 
21           child's family to provide a safe family home for the
 
22           child; and 
 
23      (2)  The department's recommended disposition of the
 
24           proceeding. 
 

 
Page 82                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (c)  The court shall consider the likelihood that:
 
 2      (1)  The current situation presented by the family
 
 3           assessment made in accordance with section     -18(a)
 
 4           will continue in the reasonably foreseeable future; and
 
 5      (2)  The court will receive timely notice of any change in
 
 6           the family's willingness and ability to provide the
 
 7           child with a safe family home.
 
 8          -19  Service plan.  (a)  A service plan is a specific
 
 9 written plan prepared by the department or an authorized service
 
10 provider and presented to the members of the child's family or
 
11 extended family as the department or the authorized service
 
12 provider deems to be necessary to the success of the plan,
 
13 including the member or members of the child's family who have
 
14 legal custody, guardianship, or permanent custody of the child at
 
15 the time that the service plan is being formulated or revised
 
16 under this chapter.  The service plan shall be carefully
 
17 formulated with the family in a timely manner and shall reflect
 
18 the reasonable efforts being undertaken by the department and its
 
19 service providers to permit the child to remain in or to return
 
20 to the family home safely, including specific goals, measurable
 
21 objectives, and tasks to be performed by family members within a
 
22 specific period of time.  Full and careful consideration should
 

 
 
 
Page 83                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 be given to the religious, cultural, and ethnic values of the
 
 2 child's parents or legal guardian when service plans are being
 
 3 discussed and formulated.  Once a petition has been filed, the
 
 4 service plan must be approved by the court, with the
 
 5 modifications as it shall require. 
 
 6      (b)  The service plan shall set forth, clearly and
 
 7 concisely:
 
 8      (1)  If the child is in foster custody, the steps that each
 
 9           person who is subject to the service plan must
 
10           accomplish to facilitate the return of the child to a
 
11           safe family home; 
 
12      (2)  If the proposed placement of the child is in the family
 
13           home under family supervision, the steps that will be
 
14           necessary for the child to remain in the home with the
 
15           assistance of a service plan; and 
 
16      (3)  The steps that will be necessary to make the family
 
17           home a safe family home and to terminate family
 
18           supervision. 
 
19      (c)  The service plan shall also include: 
 
20      (1)  The specific, measurable, behavioral changes that must
 
21           be achieved by the parties to the service plan; the
 
22           specific services or treatment that the parties will be
 
23           provided; the specific actions the parties must take or
 

 
Page 84                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           specific responsibilities that the parties must assume,
 
 2           which actions and responsibilities may include required
 
 3           participation in family group conferencing; and the
 
 4           time frames during which the services will be provided
 
 5           and such actions must be completed and responsibilities
 
 6           must be assumed; 
 
 7      (2)  The specific consequences that may result from the
 
 8           parties' success or failure in completing the service
 
 9           plan and in making the family home a safe family home,
 
10           including a clear explanation of the consequence that,
 
11           unless the family is willing and able to provide the
 
12           child with a safe family home within the period of time
 
13           specified in the service plan, their respective
 
14           parental and custodial duties and rights shall be
 
15           subject to termination and that, in the event,
 
16           permanent custody will be awarded to an adoptive
 
17           parent, the department, a child placing organization, a
 
18           permanent custodian, or a legal guardian; 
 
19      (3)  The fact that a concurrent plan has been or will be
 
20           established by the department within the timeframe
 
21           specified by the court so that the child may be adopted
 
22           or an award of permanent custody may be made without
 
23           delay if the parties to the service plan are unable to
 

 
Page 85                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           make the family home safe within a specified period of
 
 2           time; 
 
 3      (4)  The substance abuse testing requirements that are to be
 
 4           adhered to by any party to a service plan whose
 
 5           substance abuse rehabilitation is required under the
 
 6           service plan; and 
 
 7      (5)  Other terms and conditions as the department, the
 
 8           authorized services provider, or the court deems to be
 
 9           necessary to the success of the service plan. 
 
10      (d)  The service plan shall include steps that are
 
11 structured and presented in a manner that reflects careful
 
12 consideration of the priority, intensity, and quantity of the
 
13 services that are needed by each family member, balanced with the
 
14 family member's:
 
15      (1)  Ability to benefit from those services; and 
 
16      (2)  Work and education commitments. 
 
17      (e)  After each term and condition of the service plan has
 
18 been thoroughly explained to and is understood by each member of
 
19 the child's family and extended family whom the department and
 
20 the authorized services provider deems to be necessary to the
 
21 success of the service plan, the service plan shall either be
 
22 agreed to and signed by each family member or ordered by the
 
23 court.  Thereafter, a copy of the service plan and any related
 

 
Page 86                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 court order shall be provided to each family member who signed
 
 2 the service plan or is subject to its terms by the terms of the
 
 3 court order. 
 
 4      (f)  If a member of a child's family whom the appropriate
 
 5 authorized agency deems to be necessary to the success of the
 
 6 service plan cannot or does not understand or agree to the terms
 
 7 and conditions set forth in a service plan proposed by the
 
 8 department prior to the filing of a petition, the department
 
 9 shall proceed to file a petition pursuant to section     -
 
10 38(a)(5). 
 
11      (g)  The department shall monitor and maintain records, by
 
12 type of service and name of provider, of the effectiveness of the
 
13 services it requires in service plans in achieving behavioral or
 
14 other changes that result in ability of parents or legal
 
15 guardians to provide safe, nurturing homes.  The information
 
16 shall be utilized by the department:
 
17      (1)  To identify the most effective types of services;
 
18      (2)  To determine who the department shall designate to
 
19           provide the services; and 
 
20      (3)  To improve the effectiveness of services that are
 
21           offered. 
 
22          -20  Permanent plan.  (a)  A permanent plan is a
 
23 specific written plan, prepared by the department or on behalf of
 

 
Page 87                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 the department by an appropriate child placing organization or
 
 2 authorized services provider and submitted to the court for
 
 3 approval following a termination of parental rights, that sets
 
 4 forth:
 
 5      (1)  A recommendation as to whether the court should order
 
 6           adoption, guardianship, or permanent custody of the
 
 7           child, that proposal shall specify: 
 
 8           (A)  A reasonable period of time during which an
 
 9                adoption, guardianship, or permanent custodianship
 
10                of the child is proposed to be finalized; 
 
11           (B)  If adoption is not the permanent plan, a clear and
 
12                complete explanation by the department or child
 
13                placing organization why guardianship is
 
14                preferable to adoption; or 
 
15           (C)  If adoption or guardianship is not the permanent
 
16                plan, a clear and complete explanation why
 
17                permanent custody and foster care is preferable to
 
18                guardianship; 
 
19      (2)  A specific written plan for achieving the recommended
 
20           permanent placement of the child, including: 
 
21           (A)  The extent that concurrent planning has already
 
22                taken place and whether it has identified a person
 
23                to be the adoptive parent, legal custodian, or
 
24                permanent custodian; 
 

 
Page 88                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           (B)  The identity of any prospective adoptive parent,
 
 2                legal guardian, or permanent custodian being
 
 3                considered or recommended by the department and
 
 4                related information concerning the person and the
 
 5                person's suitability to serve in the capacity; 
 
 6           (C)  The steps that the department or child placing
 
 7                organization proposes to take, and the proposed
 
 8                timetable for taking them, if further steps are
 
 9                necessary to identify the person who the
 
10                department is to finally recommend as an adoptive
 
11                parent, legal custodian, or permanent custodian;
 
12                and 
 
13           (D)  The objectives sought to be achieved for the child
 
14                through the recommended permanent plan, including
 
15                stability of placement, education, health,
 
16                therapy, counseling, visitation by members of the
 
17                child's family, cultural considerations, and
 
18                preparation for independent living. 
 
19      (3)  All supporting exhibits and written consents or an
 
20           explanation as to why the exhibits or consents are not
 
21           available. Upon good cause shown, the court may waive
 
22           submission of any supporting exhibit or written
 
23           consent; and 
 

 
Page 89                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (4)  Any other information or materials which are necessary
 
 2           to the expeditious facilitation of the permanent plan.
 
 3      (b)  A permanent plan report prepared for a permanent plan
 
 4 review hearing shall set forth: 
 
 5      (1)  Progress toward and any proposed change in the goals
 
 6           for the child, and the reasons for each proposed
 
 7           change; 
 
 8      (2)  Progress toward meeting, and any proposed change to,
 
 9           the objectives for the child, and the reasons for the
 
10           proposed change; and
 
11      (3)  Any proposed changes in the methods or steps selected
 
12           to achieve the goals and objectives established for the
 
13           child, and the reasons for each proposed change. 
 
14      (c)  The court, on its own motion or at the request of the
 
15 department, may enter orders concerning the confidential
 
16 treatment of the names of prospective adoptive parents, legal
 
17 custodians, and permanent custodians as the court deems to be in
 
18 the best interests of the child or otherwise necessary to ensure
 
19 the safety of the child.
 
20   PART IV. FOSTER CARE HOMES, ADOPTIVE HOMES, AND CHILD CARING
 
21                           INSTITUTIONS.
 
22          -25  Agency foster care homes and agency adoptive
 
23 homes.(a)  In order to provide qualified agency foster care
 

 
Page 90                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 homes and agency adoptive homes, the department, directly and
 
 2 through child placing organizations, shall actively recruit,
 
 3 train, and certify qualified individuals and married couples to
 
 4 provide foster care homes and adoptive homes for children placed
 
 5 in the foster custody of the State.  These efforts shall include,
 
 6 for a child who must be placed outside the family home: 
 
 7      (1)  A reasonable attempt to identify and recruit qualified
 
 8           relatives or other individuals with whom the child has
 
 9           a preexisting relationship; provided that the
 
10           individuals must meet the qualifications for
 
11           provisional certification set forth in section     -28;
 
12           and 
 
13      (2)  Early certification of an agency adoptive home where
 
14           the home is identified in a concurrent plan as the
 
15           possible placement for a child, in the event parental
 
16           rights are ultimately terminated, so that an adoption
 
17           may be completed without any delay caused by the need
 
18           to conduct an adoption study after the termination of
 
19           parental rights. 
 
20      (b)  Children in the foster custody of the State shall not
 
21 be placed in homes or institutions except those which have been
 
22 investigated and certified by the department or a child placing
 
23 organization as required by this chapter.  No certificate of
 

 
Page 91                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 approval shall be issued to applicants who or whose other
 
 2 household members do not submit to a criminal records check or
 
 3 provide other required information, or to applicants if the
 
 4 investigation into their background and the background of others
 
 5 residing with or employed by them reveals: 
 
 6      (1)  A felony conviction for child abuse or neglect, spousal
 
 7           abuse, a crime against children including child
 
 8           pornography, or a crime involving violence including
 
 9           rape, sexual assault, or homicide, but not other
 
10           physical assault or battery;
 
11      (2)  A felony conviction for other categories of physical
 
12           assault, battery, or a drug related offense, if the
 
13           felony was committed within the last five years; 
 
14      (3)  Any other conviction of a crime involving sex abuse of
 
15           a child, violence, alcohol or drug abuse, other sex
 
16           offenses, offenses involving abuse of a child or a
 
17           family member, or any other offense, unless the
 
18           circumstances indicate that the applicant, other member
 
19           of the household, or employee does not pose a danger to
 
20           children; 
 
21      (4)  An employment history indicating violence, alcohol or
 
22           drug abuse, and any other violation of an employers
 
23           rules or policies, unless the circumstances indicate
 

 
Page 92                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           that the applicant, other household member, or employee
 
 2           does not pose a danger to children; or 
 
 3      (5)  Background information that shows that the applicant,
 
 4           other household member, or employee has been confirmed
 
 5           by the department, the police, the child placing
 
 6           organization, a comparable department or agency in
 
 7           another state, the court, or another court of competent
 
 8           jurisdiction as a perpetrator of child abuse or
 
 9           neglect, unless the circumstances indicate that the
 
10           applicant, other household member, or employee no
 
11           longer poses a danger to children.
 
12          -26  Approved homes--investigation and certification.
 
13 (a)  No home, including a relative home, shall be certified as an
 
14 agency foster care home or an agency adoptive home, and no
 
15 institution shall be certified as a child caring institution
 
16 unless the following steps have been completed by the applicants
 
17 and the department or child placing organization, as applicable,
 
18 with no unsatisfactory results: 
 
19      (1)  The applicants, all adult members of the household and
 
20           all officers and employees of an institution, as
 
21           applicable, have submitted to a criminal history
 
22           records check in accordance with section     -27;
 

 
 
 
Page 93                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  An approved home licensing worker has visited the
 
 2           prospective foster care home, adoptive home, or child
 
 3           caring institution and interviewed the applicants, all
 
 4           household members, all officers, and all employees, as
 
 5           applicable, in order to determine whether the home or
 
 6           institution will be able to provide a nurturing and
 
 7           safe environment for all foster children placed in the
 
 8           home.  The approved home licensing worker shall also
 
 9           determine whether the home or institution complies with
 
10           regulations adopted by the department regarding space
 
11           and living environment for foster children to be placed
 
12           in the home or institution;
 
13      (3)  The department or child placing organization has
 
14           investigated at least two reliable personal references
 
15           provided by each applicant, each adult household
 
16           member, and each officer and employee of a child caring
 
17           institution.  A personal reference may serve as a
 
18           reference for more than one person;
 
19      (4)  All adult household members, and all officers and
 
20           employees of a child caring institution, have submitted
 
21           the medical information as the department may
 
22           reasonably request to insure that the applicants are in
 
23           sufficiently good health to provide adequate foster
 

 
Page 94                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           care and that the child will not be exposed to serious
 
 2           communicable diseases;
 
 3      (5)  The department or child placing organization has
 
 4           investigated, including a check of the central registry
 
 5           established pursuant to section     -8, whether any
 
 6           applicant, other member of the household, officer, or
 
 7           employee, as applicable, has been identified as the
 
 8           perpetrator in any confirmed case of child abuse or
 
 9           neglect in the State or another state that the person
 
10           has resided as an adult;
 
11      (6)  The applicants, and all officers and employees of an
 
12           institution, have successfully completed foster parent
 
13           training approved by the department or child placing
 
14           organization.  The training shall be meaningful and
 
15           helpful to foster parents:
 
16           (A)  In assisting them to interact with the foster
 
17                children placed with them, including instruction
 
18                on acceptable methods of disciplining the
 
19                children;
 
20           (B)  In understanding the needs of children who have
 
21                been abused or neglected, and any special needs
 
22                and problems of children placed in their care;
 

 
 
 
Page 95                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           (C)  In understanding their responsibilities as foster
 
 2                parents and the assistance that is available to
 
 3                them through the department, child placing
 
 4                organizations, authorized services providers, and
 
 5                community diversion programs;
 
 6           (D)  In teaching them about the payments and other
 
 7                benefits that they and children under their care
 
 8                are entitled and about how to interact with the
 
 9                child protective regimes administered by the
 
10                department and other federal and state agencies;
 
11                and 
 
12           (E)  In teaching them basic first aid and CPR skills;
 
13           and
 
14       (7) The department has checked the computerized listing of
 
15           homes and individuals whose certificates of approval
 
16           have been denied or revoked, which listing is required
 
17           to be maintained under section     -30(d), to confirm
 
18           that the applicants, other household members, and the
 
19           officers and employees of a child caring institution,
 
20           have not had a previous application denied or
 
21           certificate revoked for reasons that should disqualify
 
22           the applicants from obtaining a new certificate of
 
23           approval. 
 

 
Page 96                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (b)  A certificate of approval issued by the department or
 
 2 child placing organization, other than a provisional certificate
 
 3 of approval issued as authorized under section     -28, shall be
 
 4 valid for a period of two years from the date that it is issued,
 
 5 unless earlier revoked by the department or child placing
 
 6 organization.  Any certificate of approval issued by the
 
 7 department or child placing organization shall have the
 
 8 expiration date of the certification endorsed on the face of the
 
 9 certificate.  In addition, the certificate of approval issued for
 
10 an approved home shall have endorsed, on the face of the
 
11 certificate, the names of the foster parents, the address of the
 
12 approved home being certified, and the maximum number of foster
 
13 children that may be placed in that home at any one time.  No
 
14 child shall be placed in a home or institution that a certificate
 
15 of approval or provisional certificate of approval has not
 
16 actually been issued.
 
17       (c)  The department shall not certify an agency foster care
 
18 home or an agency adoptive home for the placement of more than
 
19 five foster children.  The maximum number of foster children that
 
20 may be placed in a foster care home or an adoptive home at any
 
21 one time, without a court order, shall not exceed the number of
 
22 children for which the home is certified; provided that more than
 
23 the number of foster children may be placed in a home serving as
 

 
Page 97                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 an emergency shelter for a period not to exceed seven working
 
 2 days.  If the department wishes to place more than the number of
 
 3 children in a foster care home or an adoptive home for a period
 
 4 to exceed seven working days, it shall obtain the approval of the
 
 5 court within fourteen working days after the date of placement.
 
 6 The court shall not approve an application by the department to
 
 7 place more than the certified number of children in a foster care
 
 8 home or an adoptive home unless the department shall establish
 
 9 that:
 
10      (1)  No other foster care home or adoptive home is available
 
11           for the placement of the extra foster children;
 
12      (2)  The additional foster children to be placed in the home
 
13           are siblings of children previously placed in the home
 
14           without the expectation that their siblings would later
 
15           require placement; or 
 
16      (3)  For other reasons that the court finds the placement to
 
17           be in the best interests of all foster children
 
18           involved. 
 
19      (d)  Not less than thirty days before the time of the
 
20 expiration of each certificate of approval issued by the
 
21 department or child placing organization, the department or child
 
22 placing organization shall have completed an investigation of the
 
23 home to insure that the home is still an appropriate place for
 

 
Page 98                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 the placement of foster children and that the home remains in
 
 2 compliance with all the requirements of this chapter and
 
 3 regulations adopted by the department for the initial
 
 4 certification of an approved home.  If the investigation
 
 5 identifies any deficiencies in the approved home that can and
 
 6 must be corrected, the department shall so notify the home.  In
 
 7 order to obtain a renewal in its certification, the home must
 
 8 correct the deficiencies. 
 
 9      (e)  If the department or child placing organization is
 
10 notified or becomes aware that an approved home has moved to an
 
11 address other than the one indicated on the certificate of
 
12 approval, the department or child placing organization shall have
 
13 the approved home licensing worker visit the new location within
 
14 ten working days of receiving notice of the move.  The social
 
15 worker shall investigate to determine that the new home is an
 
16 appropriate place for the placement of foster children and that
 
17 the home is in compliance with all requirements of this chapter
 
18 and regulations adopted by the department for the initial
 
19 certification of an approved home.  At such time as the approved
 
20 home licensing worker determines that it is appropriate to issue
 
21 a new certificate of approval, the existing certificate shall be
 
22 cancelled and a new certificate issued, that certification shall
 
23 be valid for a new two-year period. 
 

 
Page 99                                                    2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (f)  If the department or child placing organization is
 
 2 notified or becomes aware that an approved home has a new
 
 3 household member who is an adult, or that a child caring
 
 4 institution has a new officer or employee, it shall ensure that
 
 5 the person submits to a criminal record check and provides all
 
 6 requested medical information within five working days after
 
 7 receiving the notification or information and that the person
 
 8 provides at least two reliable personal references that are to be
 
 9 checked promptly by the department or child placing organization.
 
10 If the approved home has a new household member who is not an
 
11 adult, the department or child placing organization  shall
 
12 interview the individual if older than twelve and may take
 
13 whatever other action it deems necessary to ensure that the home
 
14 is safe and continues to comply with all departmental
 
15 requirements. 
 
16      (g)  The department or child placing organization shall
 
17 enter into written contracts with each foster parent in an agency
 
18 foster care home and agency adoptive home in a form to be
 
19 approved by the department that the prospective foster or
 
20 adoptive parent agrees to abide by the provisions of section
 
21     -29 of this chapter and by the applicable rules and
 
22 regulations of the department, copies of which shall be provided
 
23 and explained to them, and also agree that no child placed in the
 

 
Page 100                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 person's care shall be subjected to physical punishment or any
 
 2 other action that would endanger the child's physical or
 
 3 emotional well-being. 
 
 4      (h)  An approved home licensing worker from the department
 
 5 or child placing organization shall be assigned to each approved
 
 6 home certified by the department or child placing organization.
 
 7 The foster parents, and the officers and employees of a child
 
 8 caring institution, shall be notified in writing of the name,
 
 9 address, and telephone numbers, including an emergency, after-
 
10 hours number, of the approved home licensing worker assigned to
 
11 their home, as well as the same information for each social
 
12 worker assigned to a foster child residing in their approved
 
13 home.  The approved home licensing worker shall visit the
 
14 approved home at least once every six months during the time that
 
15 any foster children are placed in the home.  Prior to the visit,
 
16 the approved home licensing worker shall obtain from each social
 
17 worker responsible for a child placed in the approved home at any
 
18 time during the preceding six months a report concerning their
 
19 views on the performance of the approved home, whether there are
 
20 any problems or issues or deficiencies in the home, and whether
 
21 additional assistance of any type is required by the home.  The
 
22 purpose of the home visit shall be:
 
23      (1)  To review the home's continuing compliance with all
 
24           departmental requirements; 
 

 
Page 101                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  To discuss any problems that the home is encountering
 
 2           in performing its foster care responsibilities; 
 
 3      (3)  To determine whether further training or other
 
 4           assistance should be provided to the foster parents;
 
 5           and 
 
 6      (4)  To address any issues or problems that have been
 
 7           identified by the social workers responsible for any
 
 8           foster children that have been placed in the home.
 
 9      (i)  The approved home licensing worker shall prepare and
 
10 maintain in the licensing file for each approved home a written
 
11 record of each visit, including:
 
12      (1)  A narrative description of the results of the visit
 
13           organized by items (1) to (4) of subsection (h);
 
14      (2)  A summary of the information provided to the approved
 
15           home licensing worker by the other social workers in
 
16           advance of the visit; and
 
17      (3)  A report on what additional assistance is to be
 
18           provided to the home following the visit.
 
19         -27  Criminal history record checks.  (a)  Each
 
20 applicant for certification as an agency foster care home or
 
21 agency adoptive home, each adult household member in the home,
 
22 and each officer and employee of a child caring institution, and
 
23 the other individuals as are required to do so under any other
 

 
Page 102                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 provision of this chapter, shall submit statements signed under
 
 2 penalty of perjury indicating whether the person submitting the
 
 3 statement was ever convicted of or pleaded guilty or nolo
 
 4 contendere to a crime other than a minor traffic violation
 
 5 involving a fine of two hundred dollars or less and providing
 
 6 consent to the department to conduct a criminal history record
 
 7 check and to obtain other criminal history record information for
 
 8 verification.  Each person shall be fingerprinted for the purpose
 
 9 of complying with the criminal history record check.  New adult
 
10 household members of an approved home, and new officers and
 
11 employees of a child caring institution, shall be fingerprinted
 
12 within five working days of notification to the department or
 
13 child placing organization of their becoming a household member
 
14 of an approved home or an officer or employee of a child caring
 
15 institution for the purpose of complying with this criminal
 
16 history record check requirement.
 
17      (b)  The department shall obtain criminal history record
 
18 information through the Hawaii criminal justice data center for
 
19 each person required to submit a record check.  The information
 
20 obtained shall:
 
21      (1)  Be used exclusively for the stated purpose for which it
 
22           was obtained;
 
23      (2)  Be maintained in confidence in the records of the
 
24           department;
 

 
Page 103                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  Not be disclosed other than in accordance with section
 
 2            -9; and
 
 3      (4)  Be subject to all applicable federal laws and
 
 4           regulations.
 
 5          -28  Provisional certification; permitted placements.
 
 6 (a)  The department or child placing organization may issue a
 
 7 provisional certificate to a person who has filed an application
 
 8 for certification as an agency foster care home or an agency
 
 9 adoptive home, including an applicant in a relative home, when it
 
10 has been determined by the department that the applicant:
 
11      (1)  Will provide a home that is safe and suitable for the
 
12           child or children to be placed in the home; and 
 
13      (2)  Will complete all requirements for full certification
 
14           within six months from the date that the provisional
 
15           certificate is issued.  No provisional certificate may
 
16           be issued until a properly completed application has
 
17           been submitted, statements signed under penalty of
 
18           perjury by all adult members of the household have been
 
19           submitted in accordance with section     -27, and an
 
20           approved home licensing worker from the department or
 
21           child placing organization has inspected the
 
22           prospective home and interviewed the applicants and all
 
23           household members. 
 

 
Page 104                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (b)  No child shall be placed by the department or a child
 
 2 placing organization in a home that is not certified or
 
 3 provisionally certified; provided that a child may be placed for
 
 4 a period not to exceed three working days in a relative home or
 
 5 another home where the child has a significant relationship with
 
 6 the prospective foster care family if:
 
 7      (1)  An appropriate adult member of the household undertakes
 
 8           to complete the application for provisional
 
 9           certification within a three working day period and
 
10           signs the agreement required by subsection (c); and 
 
11      (2)  The department, after inquiry, believes that the home
 
12           will be safe for the child. 
 
13      (c)  No provisional certificate shall be issued to a
 
14 relative home or another home where the child has a significant
 
15 relationship with the prospective foster care family unless the
 
16 applicants shall have executed a written agreement indicating
 
17 that they will not permit children placed with them to visit with
 
18 a person who allegedly committed the acts of child abuse or
 
19 neglect, or with other persons specified in the agreement, except
 
20 as set forth in the written agreement or as ordered by the court.
 
21      (d)  A provisional certificate shall be valid for a period
 
22 of six months from the date that the certificate is issued,
 
23 unless earlier revoked by the department if the department
 

 
Page 105                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 concludes it is no longer likely that the applicant will complete
 
 2 all requirements for full certification, and shall be non-
 
 3 renewable except upon order of the court.  
 
 4          -29  Duties, responsibilities, and rights of foster
 
 5 parents.(a)  Foster parents and adoptive parents certified by
 
 6 the department or child placing organization shall provide
 
 7 children placed in their homes with a wholesome and nurturing
 
 8 environment.  The foster child shall be cared for as a member of
 
 9 the foster parents family, and shall be provided a well-balanced
 
10 daily program that includes rest, regular meal hours, and
 
11 recreation.  
 
12      (b)  In addition to other requirements as may be provided by
 
13 regulations promulgated by the department or as may be imposed by
 
14 a child placing organization, foster parents shall have the
 
15 following specific duties and responsibilities: 
 
16      (1)  Notify the department or child placing organization
 
17           within seven days if they move to a new location; 
 
18      (2)  Notify the department or child placing organization of
 
19           the presence in the household of a new household member
 
20           within three working days after a new person becomes a
 
21           member of the household;
 
22      (3)  Immediately notify the department or child placing
 
23           organization upon determining that a foster child is
 

 
Page 106                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           going to reside for more than three consecutive days
 
 2           outside the approved home or is going to be absent from
 
 3           the State for any period of time;
 
 4      (4)  Immediately notify the department or child placing
 
 5           organization if a foster child is seriously injured or
 
 6           becomes seriously ill;
 
 7      (5)  Not use physical punishment to discipline any foster
 
 8           child placed in their home; 
 
 9      (6)  Refuse placement in their home of more than the number
 
10           of foster children that they are certified, except in
 
11           an emergency situation or where permitted by court
 
12           order as provided in section     -26(c); 
 
13      (7)  Immediately notify the department or child placing
 
14           organization if they have not received a new
 
15           certificate of approval by a date not later than ten
 
16           working days before the date that the previously issued
 
17           certificate of approval or provisional certificate of
 
18           approval will expire; 
 
19      (8)  Cooperate with all employees of the department or the
 
20           child placing organization and the guardian ad litem
 
21           for the child, and shall make the foster children
 
22           placed in their home available to employees of the
 
23           department and the child placing organization and to
 

 
Page 107                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           the guardian ad litem at times as any of them shall
 
 2           reasonably request; 
 
 3      (9)  Make the foster children placed in their care available
 
 4           to the children's parents or legal guardian only as
 
 5           directed by the court, the department or the child
 
 6           placing organization.  Foster parents shall immediately
 
 7           report to the department or child placing organization
 
 8           all unauthorized contacts between a foster child in
 
 9           their care and a parent, legal guardian or other person
 
10           whose contact with the child is intended to be
 
11           restricted; 
 
12     (10)  Immediately notify the department or child placing
 
13           organization if a foster child placed in their care
 
14           runs away from home;
 
15     (11)  Participate in foster parent training provided by the
 
16           department or child placing organization;
 
17     (12)  Comply with all rules and regulations of, and the terms
 
18           of any written agreement with, the department or child
 
19           placing organization regarding the care of foster
 
20           children placed in their home; and
 
21     (13)  Report to the department or child placing organization
 
22           any event, circumstance, or change that has an adverse
 
23           effect on a child in their foster care. 
 

 
Page 108                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (c)  In addition to any other rights that may be granted by
 
 2 federal or state law, regulation, rule, or judicial decision or
 
 3 order, foster parents shall have the following rights: 
 
 4      (1)  The right to participate in a child protective
 
 5           proceeding as a party if they have provided foster care
 
 6           for the child involved in the proceeding for at least
 
 7           three months or if they are identified in the
 
 8           concurrent plan for a child as a potential adoptive
 
 9           parent or permanent custodian; 
 
10      (2)  The right to receive all payments and benefits that
 
11           they and the children in their care are entitled; 
 
12      (3)  The right to participate in, and, if necessary,
 
13           periodically to request a meeting of the social workers
 
14           involved in delivering services to each of the children
 
15           in their foster care, to discuss issues relating to the
 
16           child and the child's family; 
 
17      (4)  The right to provide consent for the foster children in
 
18           their care to participate in educational activities and
 
19           for routine health evaluations and medical treatments;
 
20           and
 
21      (5)  The right to supervisory, administrative, ombudsman,
 
22           and judicial review of decisions by the department
 
23           affecting their service as foster parents or the
 
24           children in their care.
 

 
Page 109                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1          -30  Revocation of certificate of approval;
 
 2 administrative appeals.(a)  An unexcused failure to report to
 
 3 the approved home licensing worker a change in the location of a
 
 4 foster care home or adoptive home as required by section     -
 
 5 29(b)(1), or to report the presence of a new household member as
 
 6 required by section     -29(b)(2), shall be grounds for
 
 7 revocation of the certificate of approval issued by the
 
 8 department or child placing organization.
 
 9      (b)  Accepting more than the authorized number of foster
 
10 children as endorsed on the face of the certificate of approval,
 
11 except as authorized by section     -26(c), shall be grounds for
 
12 revocation of the certificate of approval issued by the
 
13 department or child placing organization; provided the action
 
14 shall be shown to have been the result of the improper demands of
 
15 the department or child placing organization or to be otherwise
 
16 excusable. 
 
17      (c)  The department or child placing organization may at any
 
18 time revoke the certificate of approval issued to an approved
 
19 home if it determines that the home: 
 
20      (1)  Fails to satisfy the requirements of sections     -25
 
21           or     -26; 
 
22      (2)  Fails in a significant way to meet the duties and
 
23           responsibilities of a foster parent set forth in
 
24           section     -29; or
 

 
Page 110                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  Fails to be safe for foster children placed in the
 
 2           home.
 
 3      (d)  If the department or child placing organization
 
 4 determines that a certification is to be revoked, it shall remove
 
 5 all foster children from the home and it shall notify the home in
 
 6 writing of the reasons for the revocation.  A home whose
 
 7 certificate of approval has been revoked shall be removed from
 
 8 the approved homes registry listing of approved homes, pursuant
 
 9 to section     -32, and added to a computerized listing, to be
 
10 maintained by the department, of homes and of the individuals
 
11 whose certificate of approval has been revoked or denied, that
 
12 computer file shall include a record of the reasons for the
 
13 revocation or denial.
 
14      (e)  A certificate of approval may be suspended for a period
 
15 of not more than three months to allow foster parents to make
 
16 necessary improvements in order to comply with the requirements
 
17 of this chapter and applicable regulations of the department
 
18 regarding the adequacy of the home to receive foster children.
 
19 Foster children shall not be placed or allowed to remain in the
 
20 home during the period of suspension. 
 
21      (f)  A person whose application for a certificate of
 
22 approval has been denied or whose certificate of approval has
 
23 been suspended or revoked shall have the right to appeal the
 

 
Page 111                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 decision of denial or revocation to the director of the
 
 2 department within thirty days following receipt of the notice of
 
 3 the denial or revocation.  The appeals shall be submitted in
 
 4 writing.  The person may also request within the same thirty-day
 
 5 period a review of the action by the ombudsman.  The certifying
 
 6 agency shall provide the director with the agency's
 
 7 recommendations regarding the appeal and shall state with
 
 8 particularity the reasons for the denial or revocation of the
 
 9 certificate.  If the ombudsman is requested to and does, in its
 
10 sole discretion, review the agency action, the ombudsman may
 
11 provide the director with its report and recommendations.  If the
 
12 director determines that there is insufficient reason for the
 
13 denial or revocation, the appeal shall be granted and the action
 
14 of the director shall be noted in the file for the approved home.
 
15 If the director determines that there is sufficient reason for
 
16 the denial or revocation, the person whose certificate of
 
17 approval has been denied or revoked shall be notified in writing
 
18 of the directors decision and shall be advised of the right to
 
19 have an administrative hearing on the issue.  If a hearing is
 
20 requested, the director or the director's designated
 
21 representative shall preside over the hearing.  A written
 
22 decision by the director or the director's designated
 
23 representative shall be sent to the applicants or the foster
 

 
Page 112                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 parents and the agency involved within thirty days from the date
 
 2 of the hearing on the appeal, and the decision shall be final. 
 
 3      (g)  Persons whose certificate of approval has been revoked
 
 4 as a result of a confirmed incident of physical abuse or sexual
 
 5 abuse shall not be entitled to reapply for certification as an
 
 6 approved home. 
 
 7          -31  Abuse or neglect while in foster care.  (a)  If
 
 8 the department or a child placing organization receives a report
 
 9 that the child has been harmed by the acts or omissions of a
 
10 child's foster parents or a person who lives in or is allowed
 
11 access to an approved home, the department or a child placing
 
12 organization shall immediately investigate the report and, if the
 
13 report is confirmed, determine whether the home is safe for the
 
14 child or can be made safe by the removal of the perpetrator.  The
 
15 department or child placing organization may immediately remove
 
16 the child from the home, whether or not it has completed its
 
17 investigation.  If the report is confirmed and the home cannot be
 
18 made safe by removal of the perpetrator or otherwise without the
 
19 provision of services, the department or child placing
 
20 organization shall immediately remove the child from the home and
 
21 then notify the court of the action that has been taken and
 
22 request that the case be set for a review hearing within ten
 
23 working days, unless the court deems a later date to be in the
 
24 best interests of the child. 
 

 
Page 113                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (b)  If the department determines that abuse or neglect by a
 
 2 foster parent has occurred in an approved home, that home shall
 
 3 be decertified as an approved home, removed from the approved
 
 4 homes registry, and added to the computer listing required to be
 
 5 maintained under section     -30(d). 
 
 6          -32  Approved home files; approved home registry.  (a)
 
 7 The department and each child placing organization shall maintain
 
 8 a file with regard to each foster care home, adoptive home, and
 
 9 child caring institution that it has certified or provisionally
 
10 certified and shall maintain within that file:  
 
11      (1)  All records pertaining to the certification and renewed
 
12           certification of the approved home, including records
 
13           relating to the criminal record checks, interviews,
 
14           medical information, and training required by section
 
15            -26; 
 
16      (2)  A record of the contacts between each approved home
 
17           licensing worker responsible for the certification and
 
18           renewed certification of the home and the foster or
 
19           adoptive home parents or any third person with regard
 
20           to the certification of the home or any other issue
 
21           relating to the fitness or appropriateness of the home; 
 
22      (3)  The reports required to be made by the approved home
 
23           licensing worker in accordance with section     -26(h)
 
24           and (i); 
 

 
Page 114                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (4)  A record of any complaints received about the home and
 
 2           their disposition; and
 
 3      (5)  A record of all children placed in the home together
 
 4           with the inclusive dates of their placement.  The
 
 5           records maintained by a child placing organization
 
 6           shall at all times be available for review by the
 
 7           department and, at the department's request, shall be
 
 8           copied and delivered to the department.  The records
 
 9           shall be reviewed and considered by the department or
 
10           child placing organization, as applicable, each time
 
11           the approved home certification is being considered for
 
12           renewal. 
 
13      (b)  The department shall maintain a registry, to be known
 
14 as the approved home registry, of all agency foster care homes,
 
15 agency adoptive homes, child caring institutions, and
 
16 provisionally certified homes, including approved homes certified
 
17 by child placing organizations as well as by the department.
 
18 This registry shall be computerized and the information
 
19 maintained in the registry shall include but not limited to the
 
20 following information:  
 
21      (1)  The type of home and who certified the home, together
 
22           with the name and phone number of each approved home
 
23           licensing worker who has been at any time assigned to
 
24           the home;
 

 
Page 115                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  The names of the foster parents, or of the officers or
 
 2           employees responsible for accepting the placement of
 
 3           children and acting as their foster parents in the case
 
 4           of a child caring institution;
 
 5      (3)  The address, including island and area location, and
 
 6           phone number of the approved home; 
 
 7      (4)  The number of children that the approved home is
 
 8           authorized to accept; 
 
 9      (5)  The date when the current license will expire; 
 
10      (6)  The names and gender of each child who has been placed
 
11           in the approved home, and the date of the child's
 
12           placement and departure; 
 
13      (7)  If the home is an agency foster care home or a
 
14           provisionally certified home, whether the home is a
 
15           potential adoptive home; and 
 
16      (8)  Any pertinent information regarding the age, gender, or
 
17           other characteristics of children that the home will
 
18           accept and any special requests by, or characteristics,
 
19           qualifications, or limitations of, the home.
 
20      (c)  Said registry shall be maintained on a current basis
 
21 and shall be made readily available to all department and child
 
22 placing organization workers who have responsibility for placing
 
23 children in foster care, the ombudsman and the currently-serving
 
24 guardian ad litem for a child.  
 

 
Page 116                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (d)  The provisions of section     -9 shall govern the
 
 2 extent that reports and records in the approved home files and
 
 3 approved home registry are to be accorded confidential treatment
 
 4 and who, in addition to subsection (c), may have access to the
 
 5 reports and records.
 
 6          -33  Transfer of foster custody; rights.  Unless
 
 7 otherwise ordered by the court, a child's parents or legal
 
 8 guardian shall retain the following rights and responsibilities
 
 9 after a transfer of foster custody to the department to the
 
10 extent the person possessed the rights and responsibilities prior
 
11 to the transfer of foster custody:
 
12      (1)  The right of reasonable supervised or unsupervised
 
13           visitation if and to the extent permitted in the
 
14           discretion of the department or child placing
 
15           organization; and
 
16      (2)  The right to consent to adoption, to marriage and to
 
17           major medical or psychological care or treatment,
 
18           subject to the limitations pursuant to section     -2,
 
19           subparagraph 4 of the definition of "foster custody".
 
20      Unless otherwise ordered by the court, a child's parents or
 
21 legal guardian shall retain, to the extent the person possessed
 
22 the responsibility prior to the time that the department took
 
23 foster custody, the continuing responsibility for support of the
 
24 child, including repayment for the cost of any and all care,
 

 
Page 117                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 treatment, or any other service supplied or provided by the
 
 2 department, the approved home, or the court for the child's or
 
 3 the family's benefit, and responsibility for the torts of the
 
 4 child.
 
 5                 PART V. FAMILY COURT PROCEEDINGS
 
 6          SUBPART A. JURISDICTION, PETITION, AND NOTICES
 
 7          -35  Jurisdiction.(a)  Pursuant to section 571-11(9),
 
 8 the court shall have original jurisdiction in a child protective
 
 9 proceeding concerning any child who was or is found within the
 
10 State at the time the facts and circumstances occurred, are
 
11 discovered, or are reported to the department, which facts and
 
12 circumstances constitute the basis for a finding that the child
 
13 is a child whose physical or psychological health or welfare is
 
14 subject to imminent or threatened harm or has been harmed by the
 
15 acts or omissions of the child's parents, legal guardians, or
 
16 other family members. 
 
17      (b)  Except as otherwise provided in this chapter,
 
18 jurisdiction invoked by the court under this chapter may be
 
19 retained by it, for the purposes of this chapter, after the child
 
20 becomes eighteen years of age until the full term that any order
 
21 entered expires. 
 
22          -36  Venue.  A child protective proceeding under this
 
23 chapter may be originated in the county that the child is found
 

 
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 1 or resides at the time of the filing of the petition, or in the
 
 2 county that a parent or legal custodian of the child is
 
 3 domiciled, resides, or can be found at the time of the filing of
 
 4 the petition.
 
 5          -37  Court notification of family supervision. For
 
 6 all cases where the department has placed a family under family
 
 7 supervision without taking custody of the child believed to have
 
 8 been abused or neglected, the department shall submit under seal
 
 9 to the court for the circuit that the family resides, or to the
 
10 senior judge where there is more than one family judge in the
 
11 circuit, within ten working days after the end of each calendar
 
12 quarter, a report that:
 
13      (1)  Lists, alphabetically, the name and address of each
 
14           child whose family has been subject to family
 
15           supervision during the quarter; 
 
16      (2)  States the name of each person participating in the
 
17           service plan for the family;
 
18      (3)  States the date that the family supervision commenced; 
 
19      (4)  Describes briefly the service plan in place for the
 
20           family; and
 
21      (5)  Describes the services that have been provided to the
 
22           family and the progress the family is making toward
 
23           ending family supervision.  The court, on its own
 

 
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 1           motion or at the request of any member of the family of
 
 2           a child listed in the report, may issue an order to the
 
 3           department to show cause either why family supervision
 
 4           should not be terminated or why the child should not be
 
 5           placed in foster custody and a petition filed.  The
 
 6           department shall retain copies of the reports for not
 
 7           less than five years and shall make them available to
 
 8           any court or citizen review panel upon its request. 
 
 9          -38  Petition.  (a)  The department shall file a
 
10 petition under this chapter on the earliest to occur of:
 
11      (1)  The time that the department determines that a family
 
12           under family supervision is not likely to complete its
 
13           service plan within six months of its commencement;
 
14      (2)  Six months after a family has voluntarily been placed,
 
15           and has continued, under family supervision by the
 
16           department without taking custody of the child;
 
17      (3)  Thirty days after the voluntary placement of any child
 
18           in the foster custody of the department, if the child
 
19           has not been returned to the family home within the
 
20           period;
 
21      (4)  Two working days after taking and retaining foster
 
22           custody of a child without the written consent of each
 
23           person who had legal custody of the child immediately
 
24           prior to the taking of the custody;
 

 
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 1      (5)  Whenever the department has requested voluntary family
 
 2           supervision if any family member refuses to agree to
 
 3           accept the supervision;
 
 4      (6)  Whenever there has been an agreement for voluntary
 
 5           placement of the child in foster custody or for
 
 6           voluntary family supervision and a parent or other
 
 7           party to the agreement attempts to terminate or
 
 8           terminates the agreement before the family home is made
 
 9           safe;
 
10      (7)  Whenever the department determines that a case of child
 
11           abuse or neglect involves an aggravated circumstance or
 
12           termination event and that a termination of parental
 
13           rights should be sought promptly;
 
14      (8)  Other times as the department determines to be in the
 
15           best interests of the child; or
 
16      (9)  The time as the court shall so order.
 
17      For purposes of calculating the thirty-day period under
 
18 subsection (a)(3) and the six-month periods under subsections
 
19 (a)(1) and (a)(2), there shall be included all previous periods
 
20 during which the child has been voluntarily placed in foster
 
21 custody or that the family has been under family supervision, as
 
22 applicable.  
 
23      (b)  A petition invoking the jurisdiction of the court under
 
24 this chapter shall be filed in the manner provided in this
 
25 section: 
 

 
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 1      (1)  Petitions shall be entitled "In the Interest of
 
 2           ______________________, born on _____________," and
 
 3           shall be verified and shall set forth: 
 
 4           (A)  A concise statement of the basis for the
 
 5                allegation of child abuse or neglect that brings
 
 6                the child within this chapter, including the date
 
 7                or dates thereof; 
 
 8           (B)  The name, birth date, gender, and residence
 
 9                address of the child;
 
10           (C)  The names and last known residence addresses of
 
11                each person required to be summoned under section
 
12                 -39 at the time of the filing of the petition,
 
13                together with a description of the relationship of
 
14                each person to the child and the reasons for
 
15                making the person a party; 
 
16           (D)  Whether the child is under the foster custody of
 
17                the department and, if so, details concerning
 
18                where the child has been placed; provided that the
 
19                disclosure of the details will pose a risk of harm
 
20                to the child, other family members, or individuals
 
21                in the agency approved home where the child has
 
22                been placed, in which event the petition shall set
 
23                forth the reasons for not disclosing the details
 
24                of the placement; 
 

 
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 1           (E)  If the child is in the foster custody of the
 
 2                department, the type and nature of the child
 
 3                protective services the child and family members
 
 4                are receiving, the circumstances necessitating the
 
 5                taking of foster custody and provision of
 
 6                services, and the date the child was first placed
 
 7                in foster custody; and 
 
 8           (F)  If the child is not in foster custody of the
 
 9                department, the details of the family supervision
 
10                that the family has been subjected, including the
 
11                commencement date thereof and the progress being
 
12                made;
 
13      (2)  If the acts and omissions constituting the child abuse
 
14           or neglect, or related circumstances, constitute
 
15           aggravated circumstances or termination events, the
 
16           petition shall so state and request that there be a
 
17           prompt show cause hearing to determine if the case
 
18           should be set for a termination of parental rights
 
19           hearing;
 
20      (3)  If the petition does not include allegations of
 
21           aggravated circumstances or termination events, the
 
22           petition shall state that, unless family members are
 
23           willing and able to provide the child with a safe
 

 
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 1           family home within a period of time to be specified by
 
 2           the court, their respective parental and custodial
 
 3           rights and duties shall be subject to termination;
 
 4      (4)  The petition shall state when any of the facts required
 
 5           by this section cannot be determined; and
 
 6      (5)  The petition may be based on information and belief,
 
 7           but in that case the petition shall state the basis of
 
 8           the information and belief. 
 
 9      (c)  The court shall review each petition filed under this
 
10 chapter and if, in the discretion of the court, the child appears
 
11 to be in a circumstance or condition that the child's continuing
 
12 in the custody or care of the child's family presents a situation
 
13 of imminent or threatened harm to the child, the court shall
 
14 order that a police officer immediately take the child into
 
15 protective custody and that the department immediately assume
 
16 foster custody of the child. 
 
17      (d)  The court may promulgate rules concerning the titles,
 
18 filing, investigation, and the form and content of petitions and
 
19 other pleadings and proceedings in cases under this chapter, or
 
20 any other matter arising in child protective proceedings. 
 
21      (e)  The department may amend the petition at any time
 
22 without leave of court, including for the purpose of adding
 
23 parties, supplementing allegations of child abuse or neglect and
 

 
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 1 adding or deleting allegations of aggravated circumstances or
 
 2 termination events. 
 
 3          -39  Summons.(a)  After a petition has been filed,
 
 4 the court shall issue a summons requiring each family member who
 
 5 has legal or physical custody of the child at the time of the
 
 6 filing of the petition, each family member who had custody at the
 
 7 time of the intervention by the department or a police officer
 
 8 and each alleged perpetrator of the child abuse or neglect, to
 
 9 appear before the court at a reasonable cause hearing or on the
 
10 return date set forth in the summons.  In addition, to the extent
 
11 not required to be summoned under the preceding sentence, any
 
12 other legal parent, the natural mother, the adjudicated,
 
13 presumed, or concerned natural father of the child, and any other
 
14 person whose consent to adoption would be required under section
 
15 578-2 also shall be summoned, in the manner provided in this
 
16 section.  A person need not be summoned if the person has
 
17 previously consented to a completed adoption of the child by
 
18 another person or is a person whose consent to adoption would not
 
19 be required under the provisions of section 578-2(c)(1). 
 
20      (b)  A certified copy of the petition shall be attached to
 
21 each summons. 
 
22      (c)  The summons shall notify the parties of their right to
 
23 retain and be represented by counsel. 
 

 
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 1      (d)  The summons shall state:
 
 2           "NOTICE TO PARENTS AND LEGAL GUARDIANS:  YOUR PARENTAL
 
 3           AND CUSTODIAL DUTIES AND RIGHTS CONCERNING THE CHILD OR
 
 4           CHILDREN WHO ARE THE SUBJECT OF THE ATTACHED PETITION
 
 5           MAY BE TERMINATED BY COURT ORDER IF YOU FAIL TO APPEAR
 
 6           ON THE DATE SET FORTH IN THIS SUMMONS."
 
 7          -40  Service of summons(a)  Service of summons shall
 
 8 be made personally by delivery of a certified copy thereof to the
 
 9 person or legal entity summoned; provided that if the party to be
 
10 served resides outside the State or if the court is satisfied
 
11 that it is impracticable to effect personal service of the
 
12 summons, the court may order service by certified or registered
 
13 mail addressed to the last known address, whether within or
 
14 outside of the State, of the person to be served, in which event
 
15 the court may also require service by publication.  Personal
 
16 service of summons under this chapter shall be made by the
 
17 sheriff or other authorized person and a return shall be made on
 
18 the summons showing to whom and on what date and at what time
 
19 service was made.  Service of summons shall be effected on those
 
20 required to be served under section     -39(a) at least twenty-
 
21 four hours prior to the time fixed in the summons for a
 
22 reasonable cause hearing, in a case where a reasonable cause
 
23 hearing has been set, and shall be effected on all those required
 

 
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 1 to be served under section     -39(a) at least forty-eight hours
 
 2 prior to the return date fixed in the summons; provided that no
 
 3 further service shall be required on a party who appears at the
 
 4 reasonable cause hearing and is ordered by the court to appear on
 
 5 the return date. 
 
 6      (b)  When the summons cannot be personally served, or where
 
 7 a person served fails to obey the summons, or in any case where
 
 8 it shall be made to appear to the court that service will be
 
 9 ineffectual, or that the best interests of the child require that
 
10 the child be brought forthwith into the custody of the court, the
 
11 court may issue a warrant for the person or child, as well as
 
12 issuing an order pursuant to section     -51 or     -52(d). 
 
13      (c)  When service is to be made by publication, the summons
 
14 shall be published once a week for four consecutive weeks in a
 
15 newspaper of general circulation in the county that the petition
 
16 was filed or is pending or in which the person to be so served
 
17 was last known to reside or be found, as the court shall direct.
 
18 The newspaper shall be designated by the court in the order for
 
19 publication of the summons, and the publication shall have the
 
20 same force and effect as though the person had been personally
 
21 served with the summons; provided that the date of the last
 
22 publication shall not be less than five working days prior to the
 
23 return date stated therein. 
 

 
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 1          - 41  Addition of parties.  Additional persons may be
 
 2 added as parties to a child protective proceeding by order of the
 
 3 court upon its own motion or at the request of the department,
 
 4 the guardian ad litem, or any other party to the proceeding.
 
 5 Foster parents who have provided foster care for the child for at
 
 6 least sixty days, relatives of the child by blood or marriage,
 
 7 and other persons at any time identified by the department as the
 
 8 recommended choice for adoptive parent, legal custodian, or
 
 9 permanent custodian in the event reunification efforts are not
 
10 successful, shall be allowed upon their request, and without
 
11 formal motion, to intervene in the child protective proceeding,
 
12 and other persons may be permitted by the court upon their
 
13 request, and also without formal motion, to intervene if the
 
14 court determines that their participation in the proceedings may
 
15 be in the best interests of the child. 
 
16          -42  Notification of potentially interested persons.
 
17 (a)  At the initial disposition plan hearing, the parties shall
 
18 identify all extended family members, relatives, and others who
 
19 might wish to be certified as an approved home for the child,
 
20 either temporarily until the family home can be made safe or on
 
21 an adoptive or other more permanent basis if parental rights have
 
22 been or may be terminated.  The name and relationship of any
 
23 person identified after the initial disposition plan hearing
 

 
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 1 shall be reported promptly to the court and the guardian ad litem
 
 2 in writing. 
 
 3      (b)  Unless the court shall otherwise order on its own
 
 4 motion or in its discretion at the request of the department, the
 
 5 guardian ad litem or any other party, the department shall send a
 
 6 notification within ten working days after completion of the
 
 7 disposition plan hearing to each person identified in accordance
 
 8 with section     -42(a) who has not already been made a party.
 
 9 The notification shall be sent by certified or registered mail
 
10 and proof of the mailing shall be filed with the court.  The
 
11 notification shall: 
 
12      (1)  Advise the person of the pendency of the proceeding;
 
13      (2)  State that the proceeding could result in the
 
14           termination of the parental and custodial rights of the
 
15           parents or other legal custodian of the child who is
 
16           the subject of the petition; 
 
17      (3)  State that, if the person wishes to participate in the
 
18           proceeding, or wishes to provide foster care for the
 
19           child while the proceedings are pending, or wishes to
 
20           be a foster parent, legal custodian, or adoptive parent
 
21           in the event parental rights are terminated, the person
 
22           must notify the court and the department of the
 
23           interest by return mail, or by appearing at the next
 
24           hearing; 
 

 
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 1      (4)  Set forth the date, time, and place that the next
 
 2           hearing is scheduled; and 
 
 3      (5)  Notify the person that, if the person does not advise
 
 4           the court and the department of his or her interest in
 
 5           the proceeding or seek formally or informally to
 
 6           intervene in the proceedings at or before the next
 
 7           scheduled hearing, the person will not later be
 
 8           permitted to participate in the proceedings, or to
 
 9           object to any permanent plan proposed to the court,
 
10           unless so ordered by the court upon:
 
11           (A)  A showing of good cause for the failure to advise
 
12                the court by return mail or to appear at the next
 
13                hearing; or 
 
14           (B)  A showing that the participation will be in the
 
15                best interests of the child.
 
16          -43  Required findings concerning notice prior to
 
17 hearing; nature of child protective hearings.  (a)  No hearing
 
18 may commence under this chapter unless the court has made a
 
19 finding that each of the persons required to be summoned under
 
20 section     -39 has been served with a copy of the petition and
 
21 notice of the hearing or has been notified of the hearing at a
 
22 previous hearing; provided that if any person has not been
 
23 served, the court may continue the hearing as to those not served
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 but proceed with a reasonable cause hearing under section     -52
 
 2 and enter orders concerning the parties who have been served if
 
 3 the court is satisfied that: 
 
 4      (1)  A reasonable effort has been made to effect personal
 
 5           service; 
 
 6      (2)  It would not be in the best interests of the child to
 
 7           postpone the proceeding until service can be effected;
 
 8           and 
 
 9      (3)  The child is represented by a guardian ad litem or
 
10           other counsel. 
 
11      (b)  If, at the adjudication hearing, it is established that
 
12 a person required to be notified pursuant to section     -39(a)
 
13 has not been served prior to the return date, the court: 
 
14      (1)  Shall ascertain and order the method of service of
 
15           summons that the court deems to be appropriate based
 
16           upon the available information;
 
17      (2)  Shall set a continued return date and order the parties
 
18           who have appeared to appear at the continued hearing;
 
19           provided that: 
 
20           (A)  The court may waive the appearance of any party at
 
21                the continued return date; and
 
22           (B)  If the court orders that service of summons be
 
23                made by mail or publication, the court shall set
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1                the continued return date not less than five
 
 2                working days subsequent to the date of service
 
 3                evidenced by the signature on a return receipt or
 
 4                the date of the last publication;
 
 5           and
 
 6      (3)  May proceed with the hearing and enter orders
 
 7           concerning the parties who have been served if the
 
 8           court is satisfied that the conditions set forth in
 
 9           subsection (a) are met. 
 
10      (c)  If a person required to be notified pursuant to section
 
11     -39(a) was served and appears on the continued return date or
 
12 at a later hearing and moves the court that a prior order be
 
13 vacated or modified, the court shall set the oral motion to
 
14 vacate prior orders for a hearing and order that the moving party
 
15 proceed to file a written motion and to serve the other parties
 
16 with proper written notice of the motion and hearing date. 
 
17      (d)  In considering a party's motion to vacate or modify
 
18 prior orders, the court need not commence a trial or hearing de
 
19 novo, but rather, after further hearing as the court deems to be
 
20 appropriate, may proceed to enter the orders as are in the best
 
21 interests of the child.
 
22      (e)  The court shall hear child protective proceedings under
 
23 this chapter at a hearing separate from those for adults and
 
24 without a jury.  The hearing shall be conducted in an informal
 

 
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 1 manner and may be adjourned from time to time.  The general
 
 2 public shall be excluded and only persons shall be admitted as
 
 3 are parties or their counsel, including the guardian ad litem, or
 
 4 as are found by the court to have a direct interest in the case.
 
 5 The child may be excluded from the hearing at any time at the
 
 6 discretion of the court.  If a party is without counsel or a
 
 7 guardian ad litem, the court shall inform the party of the right
 
 8 to be represented by counsel and to appeal final rulings that are
 
 9 adverse to the interests of the party. 
 
10      (f)  Orders orally stated by the court on the record in a
 
11 proceeding under this chapter shall have full force and effect
 
12 upon the date of the hearing until further order of the court;
 
13 provided that all oral orders shall be reduced to writing as soon
 
14 as is practicable. 
 
15          -44  Reports to be submitted by the department and
 
16 authorized agencies; social worker expertise.  (a)  The
 
17 department shall make or cause to be made every reasonable effort
 
18 to file written reports, or a written explanation regarding why a
 
19 report is not being submitted on time, with the court and to
 
20 cause copies of the reports to be received by the parties, or
 
21 their counsel, and the guardian ad litem: 
 
22      (1)  Upon the date of the filing of a petition pursuant to
 
23           sections     -38(a)(1) to     -38(a)(3);
 

 
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 1      (2)  Within two working days after the filing of a petition
 
 2           for foster custody pursuant to sections     -38(a)(4)
 
 3           to     -38(a)(9);
 
 4      (3)  At least two working days prior to the initial
 
 5           disposition plan hearing and at least five working days
 
 6           prior to the date set for the thirty-day, sixty-day,
 
 7           and ninety-day disposition plan review hearings
 
 8           contemplated by section     -61, including before the
 
 9           dates set for hearings dispensed with in accordance
 
10           with the provisions thereof; 
 
11      (4)  At least ten working days prior to the date set for
 
12           each other disposition plan review hearing, termination
 
13           of parental rights hearing, permanent plan hearing, and
 
14           permanent plan review hearing, until jurisdiction is
 
15           terminated, unless a different period of time is
 
16           ordered by the court or the court orders that no report
 
17           is required for a specific hearing; or 
 
18      (5)  No later than 1:00 p.m. on the working day prior to the
 
19           date of a hearing if the report is supplemental to a
 
20           report that was submitted pursuant to paragraphs (1)
 
21           through (4) of this subsection. 
 
22      (b)  A report or reports pursuant to subsection (a) shall,
 
23 to the extent relevant to the matters to be considered at the
 
24 hearing that the report is to be submitted, include: 
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  An executive summary of the most significant aspects of
 
 2           the family assessment, and of any updates to the family
 
 3           assessment since the filing of the last report,
 
 4           together with the family assessment as most recently
 
 5           updated attached as an exhibit to the report unless the
 
 6           family assessment has not been updated since the last
 
 7           report was filed; 
 
 8      (2)  The degree of progress with services by each member of
 
 9           the family; 
 
10      (3)  A recommendation as to whether the court should order:
 
11           (A)  A service plan under section     -19 or a revision
 
12                to the existing service plan and, if so, set forth
 
13                the proposed service plan or revision and the
 
14                basis for the recommendation; or 
 
15           (B)  A permanent plan under section     -20, or a
 
16                revision to an existing permanent plan, and, if
 
17                so, set forth the proposed permanent plan or
 
18                revision and the basis for the recommendation;
 
19      (4)  Any recommendations as to other orders deemed to be
 
20           appropriate, together with the basis for recommending
 
21           that the orders be entered; 
 
22      (5)  Every report, in its entirety, generated by a child
 
23           protective services multidisciplinary team and by each
 
24           medical, mental health, and other consultant; 
 

 
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 1      (6)  The views, recommendations, and observations concerning
 
 2           the child expressed by the foster parents to the
 
 3           child's social worker, including any reports, in their
 
 4           entirety, submitted by the foster parents; provided,
 
 5           however, that this requirement shall not in any way
 
 6           limit the rights of a foster parent of a child to
 
 7           participate in the proceedings directly; 
 
 8      (7)  Information concerning the placement of the child and
 
 9           the child's current well-being; and 
 
10      (8)  All other information available to the department that
 
11           is relevant to the subject matter and issues to be
 
12           considered at the hearing that the report is to be
 
13           submitted. 
 
14      (d)  Subject to the requirements as the court may impose
 
15 generally or in a specific case, the department shall use
 
16 reasonable efforts:
 
17      (1)  To have the reports present all relevant information in
 
18           a clear, concise, and understandable manner; and 
 
19      (2)  Through the use of executive summaries of information,
 
20           summaries of recommendations, the elimination of
 
21           redundant information, and the provision of updating
 
22           information, to permit the court to review the reports
 
23           and arrive at fully informed decisions in an
 
24           expeditious manner.
 

 
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 1      SUBPART B. PRELIMINARY FINDINGS, HEARINGS, AND ORDERS 
 
 2          -50  Guardian ad litem; other court appointed counsel.
 
 3 (a)  The court shall appoint a guardian ad litem for each child
 
 4 subject to child protection proceedings not later than two
 
 5 working days after the filing of a petition.  Each child shall be
 
 6 represented by a guardian ad litem for as long as court
 
 7 jurisdiction continues.  The guardian ad litem shall maintain
 
 8 regular contact with the child in order to insure that the child
 
 9 is receiving appropriate education, medical treatment,
 
10 psychiatric treatment, and counseling, and to insure that the
 
11 placement of a child in an approved home is appropriate and in
 
12 the best interests of the child.  The guardian ad litem shall
 
13 endeavor to ensure that an approved home is providing the child
 
14 with appropriate discipline and care and that the child is
 
15 participating in all services required by the court. 
 
16      (b)  A child's guardian ad litem shall advocate positions
 
17 and take actions on behalf of the child that the guardian ad
 
18 litem believes in good faith to be in the best interests of the
 
19 child.  A guardian ad litem shall inform the court if the child's
 
20 perceived interests differ from those being advocated by the
 
21 child's guardian ad litem.  If the child and the child's guardian
 
22 ad litem are not in agreement, the court may appoint additional
 
23 counsel for the child to serve as the child's legal advocate
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 concerning issues and during proceedings as the court deems to be
 
 2 in the best interests of the child; provided that the court shall
 
 3 permit the child to have additional counsel if the services of
 
 4 the counsel are made available at no cost to the court or the
 
 5 department. 
 
 6      (c)  The guardian ad litem shall be entitled to receive and
 
 7 shall be given notice of all hearings and other proceedings that
 
 8 may affect the child, including criminal as well as civil
 
 9 proceedings, including grand juries, and shall, unless otherwise
 
10 ordered by the court, participate in the proceedings to protect
 
11 the best interests of the child in the proceedings. 
 
12      (d)  In representing the child's interests, the department
 
13 and the other parties shall provide full cooperation with the
 
14 guardian ad litem in order to permit the guardian ad litem to: 
 
15      (1)  Inform the department, family members, foster parents,
 
16           and other parties, and each of their representatives,
 
17           that he or she is the guardian ad litem for the child
 
18           and thus is entitled to reasonable advance notice prior
 
19           to case conferences, changes of placement, and other
 
20           changes of circumstances affecting the child or the
 
21           child's family; 
 
22      (2)  Be allowed access to the child at the times as the
 
23           guardian ad litem shall reasonably request; 
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  Become acquainted, and establish and maintain a
 
 2           relationship with the child, including face-to-face
 
 3           meetings with the child as soon as possible after the
 
 4           appointment and prior to each hearing, trial,
 
 5           conference, or other proceeding affecting the child,
 
 6           and, in any event, at least every three months and at
 
 7           any time there is an emergency or other significant
 
 8           event affecting the child; 
 
 9      (4)  Explain to the child, if and to the extent consistent
 
10           with the child's age and development, the subject
 
11           matter of the proceedings, the child's rights, the
 
12           guardian ad litem's role, the department's role, the
 
13           court's role, and what to expect in the child
 
14           protective proceedings, including possible outcomes;
 
15      (5)  Conduct a reasonable and thorough investigation of the
 
16           facts concerning the child, the child's family, the
 
17           extended family, the events that resulted in the
 
18           commencement of the child protective proceedings, the
 
19           placements of the child, the course of the proceedings,
 
20           and the disposition of the proceedings that will be in
 
21           the best interests of the child, including: 
 
22           (A)  Reviewing, without the necessity of obtaining the
 
23                consent of any person, the child's social
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1                services, psychiatric, psychological, drug and
 
 2                alcohol, medical, law enforcement, school, and
 
 3                other records relevant to the case; 
 
 4           (B)  Reviewing all pleadings, relevant notices, and
 
 5                other court files of the child and the child's
 
 6                siblings; 
 
 7           (C)  Reviewing the records of the department and
 
 8                authorized service providers relating to the
 
 9                child's case and the case of any of the child's
 
10                siblings, but not, without a court order, the
 
11                identity of the person who reported the abuse or
 
12                neglect of the child if the person wishes his or
 
13                her identity to be confidential; 
 
14           (D)  Contacting and meeting with the parents, legal
 
15                guardians, and caretakers of the child, but in the
 
16                presence of their respective lawyers if they or
 
17                their respective lawyers shall so request; 
 
18           (E)  Interviewing individuals involved with the child,
 
19                including school personnel, child welfare case
 
20                workers, foster parents and other caretakers,
 
21                neighbors, relatives, school personnel, coaches,
 
22                clergy, mental health professionals, physicians,
 
23                law enforcement officers, and other people who
 

 
Page 140                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1                possess relevant information regarding the child;
 
 2                and 
 
 3           (F)  Attending, as appropriate, legal and educational
 
 4                counseling or disciplinary proceedings concerning
 
 5                the child; 
 
 6      (6)  Participate in depositions, negotiations, and
 
 7           discovery;
 
 8      (7)  Attempt to reduce case delays and urge the court to
 
 9           make decisions affecting the child expeditiously; 
 
10      (8)  Consistent with the child's best interests, seek and
 
11           ensure that the child is receiving and participating in
 
12           appropriate services, by court order if necessary, and
 
13           ensure receipt of entitlements and implementation of
 
14           the service plan insofar as it relates to the child.
 
15           These services and entitlements may include:  
 
16           (A)  Family reunification services; 
 
17           (B)  More suitable foster care; 
 
18           (C)  Sibling and family visitation; 
 
19           (D)  Child support; 
 
20           (E)  Domestic violence prevention, intervention, and
 
21                treatment; 
 
22           (F)  Medical and dental care; 
 
23           (G)  Psychiatric treatment and counseling; 
 

 
Page 141                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           (H)  Drug and alcohol treatment; 
 
 2           (I)  Semi-independent and independent living services;
 
 3           (J)  Adoption services; and 
 
 4           (K)  Educational, recreational and social services; 
 
 5      (9)  Identify, to the extent the department has not done so,
 
 6           appropriate family, extended family, and professional
 
 7           resources for the child and the child's family;
 
 8     (10)  Ensure that a child with special needs receives
 
 9           appropriate services and entitlements to address the
 
10           child's physical, mental, or developmental
 
11           disabilities.  These services and entitlements may
 
12           include special education and related services,
 
13           supplemental security income to help support needed
 
14           services, therapeutic foster or group home care, and
 
15           residential/in-patient and out-patient psychiatric
 
16           treatment; 
 
17     (11)  File appropriate pleadings in order to request
 
18           appropriate relief in the best interests of the child;
 
19           and 
 
20     (12)  Participate meaningfully in all pre-hearing
 
21           conferences, hearings, pretrial conferences, and
 
22           trials, including presenting evidence and cross-
 
23           examining witnesses, unless a particular conference,
 

 
Page 142                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           hearing, or trial involves issues completely unrelated
 
 2           to the child, and participate in all telephone or other
 
 3           conferences with the court that pertain to or affect
 
 4           the child. 
 
 5      (e)  The guardian ad litem may request specific authority
 
 6 from the court to pursue issues on behalf of the child,
 
 7 administratively or judicially, including issues relating to
 
 8 child support, delinquency or status offender matters,
 
 9 supplemental security income, and other public benefits,
 
10 paternity, personal injury claims, school and education issues,
 
11 and mental health proceedings. 
 
12      (f)  An appointed guardian ad litem shall report to the
 
13 court and all parties in writing at least two working days prior
 
14 to the initial disposition plan hearing and continued disposition
 
15 plan hearing and at least five working days before the date set
 
16 for each disposition plan review hearing, including the dates set
 
17 for thirty-day and sixty-day disposition plan review hearings
 
18 dispensed with in accordance with section     -61(a), termination
 
19 of parental rights hearing, permanent plan hearing and permanent
 
20 plan review hearing, and at other times as the guardian ad litem
 
21 deems appropriate or as ordered by the court.  The report shall
 
22 describe the guardian ad litem's activities on behalf of the
 
23 child, contacts with the child and with others concerning the
 

 
Page 143                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 child, and recommendations concerning the manner that the court
 
 2 should proceed in the best interests of the child.  The reports
 
 3 filed prior to a termination of parental rights shall include the
 
 4 guardian ad litem's recommendations with respect to concurrent
 
 5 planning and permanency, including any changes in those
 
 6 recommendations from previous recommendations.  The reports shall
 
 7 also include a statement concerning whether the child has any
 
 8 legal rights or interests that may be adversely affected during
 
 9 the period that the child is in foster custody, including any
 
10 rights to submit claims or seek recovery for personal injuries,
 
11 and whether legal proceedings should be instituted in order to
 
12 prevent the loss of the child's legal rights.  The reports shall
 
13 also include a statement whether the child is in agreement with
 
14 the guardian ad litem's recommendations; if not, the reports
 
15 shall set forth the matters with which the child disagrees, the
 
16 reasons for the disagreement and whether in the guardian ad
 
17 litem's view an additional attorney should be appointed for the
 
18 child. 
 
19      (g)  When the court determines, after the hearing as the
 
20 court deems to be appropriate, that a party is incapable of
 
21 comprehending the legal significance of the issues or the nature
 
22 of the child protective proceedings, the court may appoint a
 
23 guardian ad litem to represent the interests of the party;
 

 
Page 144                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 provided that a guardian ad litem appointed pursuant to this
 
 2 section shall investigate and report to the court at regular
 
 3 intervals not to exceed three months, or as is otherwise ordered
 
 4 by the court, regarding the current status of the party's
 
 5 disability, including a recommendation as to available treatment,
 
 6 if any, for the disability and a recommendation concerning the
 
 7 manner that the court should proceed in order to best protect the
 
 8 interests of the party in conjunction with the court's
 
 9 determination as to the best interests of the child. 
 
10      (h)  A guardian ad litem or counsel appointed pursuant to
 
11 this section for the child or other party may be paid for by the
 
12 court, unless the party for whom counsel is appointed has
 
13 independent resources sufficient to pay the costs.  The court may
 
14 order the appropriate parties to pay or reimburse the costs and
 
15 fees of the guardian ad litem and other counsel appointed for the
 
16 child or for a party. 
 
17          -51  Order of protection.  (a)  At any time after a
 
18 petition has been filed with and is pending before the court
 
19 under this chapter, the court, upon the application of a party,
 
20 the guardian ad litem or a foster parent and after the hearing as
 
21 the court deems to be appropriate, may make an order of
 
22 protection.  The order may be made on the ex parte application of
 
23 the department and without hearing, provided that:
 

 
Page 145                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  A hearing on whether to continue an order so issued
 
 2           shall be scheduled not later than two working days
 
 3           after the issuance of the order;
 
 4      (2)  The hearing date, time, and place shall be set forth in
 
 5           the order; and 
 
 6      (3)  Diligent efforts shall be made by the department to
 
 7           serve the order on each person who is the subject of
 
 8           the order.  The order may include but need not be
 
 9           limited to a requirement that a person designated in
 
10           the order:
 
11           (A)  Stay away from the family home, an approved home,
 
12                a school, or any other place or location that is
 
13                deemed by the court to present an opportunity for
 
14                contact between the parties themselves, or with
 
15                other persons, that contact would not be in the
 
16                best interests of the child; 
 
17           (B)  Abstain from physically or verbally contacting,
 
18                threatening, or abusing any party or person; 
 
19           (C)  Not permit the child to be removed from a certain
 
20                location; 
 
21           (D)  Not interfere with the physical, legal, foster, or
 
22                permanent custody of the child; and 
 

 
 
 
Page 146                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           (E)  Report any violation of an order of protection to
 
 2                the appropriate law enforcement authorities and
 
 3                other authorized agencies. 
 
 4      (b)  The order shall be served on each person who is the
 
 5 subject of the order and mailed or hand-delivered by the
 
 6 department to all parties other than the child, the guardian ad
 
 7 litem, and any other person who is an intended beneficiary of the
 
 8 order.  The parties may release copies of the order of protection
 
 9 to appropriate law enforcement authorities. 
 
10          -52  Reasonable cause hearing. (a)  If the department
 
11 has continued to assume foster custody of a child pursuant to
 
12 section     -12(a)(3) or     -12(a)(4), the court shall set a
 
13 hearing within two working days after the filing of a petition to
 
14 determine whether there is reasonable cause to believe that child
 
15 abuse or neglect has occurred and whether the best interests of
 
16 the child require maintenance of foster custody by the department
 
17 or further protection prior to an adjudication hearing. 
 
18      (b)  After reviewing the petition, the report or reports
 
19 submitted pursuant to section     -44 and other evidence,
 
20 information, or argument as the department may present, the
 
21 court, on its own motion prior to the reasonable cause hearing,
 
22 may order that the child immediately be released from foster
 
23 custody and returned to the child's family home under terms and
 

 
Page 147                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 conditions, including orders that may be entered pursuant to
 
 2 subsection (d), as are deemed by the court to be in the best
 
 3 interests of the child, provided that upon the return of the
 
 4 child, the child and the child's custodians who are parties to
 
 5 the action shall be under the supervision of the department prior
 
 6 to the reasonable cause hearing. 
 
 7      (c)  The reasonable cause hearing shall be continued to a
 
 8 date not later than the return date if the court determines that:
 
 9      (1)  The continuance is required under section     -43(a);
 
10           or 
 
11      (2)  It would be in the best interests of the child that
 
12           further investigation be conducted and information
 
13           concerning whether the child should remain in foster
 
14           custody be provided to the court by each of the
 
15           parties, prior to rendering a determination as to
 
16           whether the child should remain in foster custody prior
 
17           to an adjudication hearing. 
 
18      (d)  During a continuance period ordered pursuant to
 
19 subsection (c), or at any other time during the pendency of a
 
20 child protective proceeding, the court may further order that: 
 
21      (1)  Any party undergo a physical, developmental,
 
22           psychological, or psychiatric evaluation and that a
 
23           written or oral report be submitted to the court and to
 

 
Page 148                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           the parties as the court shall specify prior to the
 
 2           reasonable cause hearing; 
 
 3      (2)  The child's family members who are parties provide the
 
 4           department or other appropriate child placing
 
 5           organization or authorized services provider with the
 
 6           names and addresses of other family members and friends
 
 7           who may be potential visitation supervisors or foster
 
 8           parents for the child and that they arrange for the
 
 9           persons to appear in court upon the next hearing; 
 
10      (3)  The child's family members who are parties be permitted
 
11           reasonable supervised or unsupervised visitation with
 
12           the child at the discretion of the department or other
 
13           child placing organization, or as may be ordered by the
 
14           court; 
 
15      (4)  The parties, subject to their consent unless
 
16           jurisdiction has been established, meet with
 
17           appropriate expert witnesses to discuss the alleged
 
18           harm to the child; 
 
19      (5)  The court and the parties view a visual recording or
 
20           listen to an oral recording of the child's statement at
 
21           that time and in a manner as the court deems to be
 
22           appropriate; 
 

 
 
 
Page 149                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (6)  The child and the child's family members who are
 
 2           parties, subject to their consent if jurisdiction has
 
 3           not been established, arrange and commence
 
 4           participation in the counseling or therapy for
 
 5           themselves and the child as the court deems appropriate
 
 6           and consistent with the best interests of the child;
 
 7       (7) An appropriate order of protection be entered under
 
 8           section     -51; 
 
 9      (8)  A criminal history record check be conducted by the
 
10           department concerning a party who is an alleged or
 
11           suspected perpetrator of harm, threatened harm, or
 
12           imminent harm to the child, and that the results be
 
13           submitted to the court and other parties in a manner as
 
14           the court deems to be appropriate; 
 
15      (9)  The department prepare or cause to be prepared a
 
16           supplemental written report pursuant to section     -
 
17           44, and that the report be submitted to the court and
 
18           the other parties in a manner as the court deems to be
 
19           appropriate; and 
 
20     (10)  The child's guardian ad litem visit the child's family
 
21           home or foster home, be present during supervised
 
22           visitations, and prepare a written report, including
 
23           specific recommendations concerning services and
 

 
Page 150                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           assistance, to be submitted to the court and the other
 
 2           parties in a manner and at that time as the court deems
 
 3           to be appropriate. 
 
 4      (e)  The court shall consider all relevant information set
 
 5 forth in the family assessment report prepared in accordance with
 
 6 section     -18, and in the report or reports submitted pursuant
 
 7 to section     -44, prior to rendering a determination in the
 
 8 reasonable cause hearing. 
 
 9      (f)  After the reasonable cause hearing or any continuance
 
10 thereof, if the court determines that there is reasonable cause
 
11 to believe that continued placement in foster care is necessary
 
12 to protect the child from harm, it shall order that the child
 
13 continue in the foster custody of the department, under the terms
 
14 and conditions as the court shall deem to be in the best
 
15 interests of the child, including orders concerning services and
 
16 assistance and orders that may be entered pursuant to subsection
 
17 (d) and an order of protection which may be entered under section
 
18     -51; provided that prior to ordering placement or continued
 
19 placement in foster custody in any proceeding under this chapter,
 
20 the court shall give due consideration to whether:
 
21       (1) The removal or continued removal of the alleged
 
22           potential perpetrator of the harm, threatened harm, or
 
23           imminent harm from the child's family home is a viable
 

 
Page 151                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           alternative and preferable to placing or continuing to
 
 2           place the child outside the family home.  The child's
 
 3           family shall have the burden of establishing that it is
 
 4           in the best interests of the child that the alleged
 
 5           perpetrator rather than the child be removed from the
 
 6           family's home; provided further that no child shall be
 
 7           returned to a home where the perpetrator of the harm to
 
 8           the child is unknown; and 
 
 9      (2)  Every reasonable effort has been or is being made to
 
10           place siblings or psychologically bonded children
 
11           together, unless the placements would not be in the
 
12           best interests of the children. 
 
13      (g)  After a reasonable cause hearing, if the court
 
14 determines that continued placement in foster care is not
 
15 necessary to protect the child from harm or neglect, it may order
 
16 that the child immediately be released from foster custody and
 
17 returned to the child's family home with or without the
 
18 assistance of services and under other terms and conditions,
 
19 including orders that may be entered pursuant to subsection (d)
 
20 and section     -51, as are deemed by the court to be in the best
 
21 interests of the child pending an adjudication hearing; provided
 
22 that, upon return, the child and the child's family members who
 
23 are parties shall be under the supervision of the department
 

 
Page 152                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 prior to an adjudication of jurisdiction.  Subsequent to the
 
 2 reasonable cause hearing, unless otherwise ordered by the court,
 
 3 or unless parental rights have been terminated, the department
 
 4 may permit the child to resume residence with the family that the
 
 5 child was removed after providing at least two working days prior
 
 6 written notice to the court and to all parties, that notice shall
 
 7 state that the home, in the opinion of the department, is safe
 
 8 and that there is no objection by any party to the return.  In
 
 9 the event, upon the return of the child to the family, foster
 
10 custody shall be revoked and the child and the child's family
 
11 members shall remain under family supervision of the department
 
12 until further order of the court. 
 
13      (h)  Any party may move for, or the court on its own motion
 
14 may order, a reasonable cause hearing or rehearing at any time
 
15 after the petition is filed under this chapter in order to
 
16 determine whether the best interests of the child require that
 
17 the child be placed in foster custody pending further
 
18 proceedings. 
 
19          -53  Scheduling of hearings; continuances; show cause
 
20 hearings and motion; certain orders.(a)  In the interests of
 
21 justice, to accommodate the courts scheduling conflicts, or for
 
22 good cause shown by a party to the proceedings, a time period
 
23 specified in this chapter within which a hearing is to be held or
 

 
Page 153                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 other action is to be taken may be extended in a particular case
 
 2 in the discretion of the court; provided that the court shall
 
 3 limit any extension to the shortest period practicable under the
 
 4 circumstances. 
 
 5      (b)  The court, on its own motion or in its discretion upon
 
 6 the request of a party, may continue a hearing to a later date if
 
 7 necessary:
 
 8      (1)  In the interests of justice; 
 
 9      (2)  To ensure that a party has had adequate opportunity to
 
10           participate in the hearing; or 
 
11      (3)  To permit the parties to have additional time to
 
12           supplement the record, including by providing
 
13           additional evidence or information requested by the
 
14           court. 
 
15      (c)  If a party or the guardian ad litem wishes to seek any
 
16 form of relief or other action by the court, it may seek the
 
17 relief by motion set for hearing at the next scheduled hearing in
 
18 the case or at a separate hearing scheduled by the court.  On its
 
19 own motion or at the request of a party, the court in its
 
20 discretion may, or if required by this chapter shall, issue an
 
21 order to show cause why certain action should not be taken. 
 
22      (d)  At any stage of the child protective proceedings,
 
23 including prior to an adjudication of jurisdiction, the court, on
 

 
Page 154                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 its own motion or at the request of any party or the guardian ad
 
 2 litem, may order that a child, or any other member of the child's
 
 3 family, including the alleged perpetrator of child abuse or
 
 4 neglect, be examined by a physician, surgeon, psychiatrist,
 
 5 psychologist, or other medical or mental health expert and that
 
 6 the results of the examination be submitted to the court in a
 
 7 written report.  The court may order treatments for the child as
 
 8 it deems to be in the best interests of the child.  For purposes
 
 9 of either examination or treatment, the court may order that the
 
10 child or other family member be placed in a hospital or other
 
11 suitable facility. 
 
12      (e)  At any stage of a child protective proceeding that
 
13 either the child or a perpetrator has been removed from the
 
14 family home, the court may order reasonable supervised or
 
15 unsupervised visitation rights to members of the child's family
 
16 and to any person interested in the welfare of the child and may
 
17 order that the visitation shall be in the discretion of the
 
18 department, a child placing organization, or the child's guardian
 
19 ad litem; provided that the visitation shall not be ordered, or
 
20 shall be ordered to occur only under strict supervision, if:
 
21      (1)  It is demonstrated to the satisfaction of the court
 
22           that visitation may be detrimental to the best
 
23           interests of the child or pose a risk to the safety of
 
24           the child; or 
 

 
Page 155                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  The court believes that facts sufficient to prove
 
 2           aggravated circumstances or termination events are
 
 3           present. 
 
 4      (f)  At any stage of the child protective proceedings, upon
 
 5 a finding by the court that the current placement of the child is
 
 6 not in the best interests of the child, the court may order that
 
 7 the placement of the child be changed to a placement approved by
 
 8 the court. 
 
 9             SUBPART C.  ADJUDICATION OF JURISDICTION
 
10          -55  Return date.  (a)  When a petition has been filed,
 
11 the court shall set a return date to be held not later than
 
12 fifteen days after the filing of the petition. 
 
13      (b)  If, at the return date, it is established that a person
 
14 required to be notified pursuant to section     -39(a) have not
 
15 been served prior to the return date, the court shall proceed in
 
16 accordance with section 487-43(b). 
 
17      (c)  On the return date or the continued return date, the
 
18 court shall preside over a pretrial conference at which: 
 
19      (1)  The court may order that default be entered against a
 
20           party that was served but failed to appear at the
 
21           return date or continued return date; 
 
22      (2)  The court may order that any party who was served shall
 
23           appear on the date of the next scheduled hearing in the
 
24           case; 
 

 
Page 156                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  The court may order that the case be set for an
 
 2           adjudication hearing within ten working days if any of
 
 3           the parties do not stipulate to the jurisdiction of the
 
 4           court.  In the event, the court may also: 
 
 5           (A)  Order that the child remain in or be placed in
 
 6                foster custody; 
 
 7           (B)  Order in accordance with section     -53(d) that,
 
 8                during the period of time from the return date to
 
 9                the date of the adjudication hearing, the child
 
10                and other members of the family receive
 
11                examinations as the court shall specify and that a
 
12                report of the results of the examination be made
 
13                available to the court; 
 
14           (C)  Order that further investigation as the court
 
15                deems to be relevant to the issues to be
 
16                determined at the adjudication hearing be
 
17                conducted and further information as the court
 
18                shall specify be available for the courts
 
19                consideration at the adjudication hearing; and 
 
20           (D)  Enter or continue an order of protection under
 
21                section     -51; 
 
22      (4)  If the petition does not include allegations that
 
23           aggravated circumstances or termination events are
 

 
Page 157                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           involved and the parties stipulate to the jurisdiction
 
 2           of the court, but not to foster custody or family
 
 3           supervision in accordance with the requests of the
 
 4           department, the court may order that the case be set
 
 5           for a disposition plan hearing within ten working days;
 
 6           provided that if the child is to remain in foster care
 
 7           subsequent to the return date and any of the parties
 
 8           shall so request, the court shall set the case for a
 
 9           disposition plan hearing within five working days of
 
10           the return date, unless the court deems a later date
 
11           for the hearing to be in the best interests of the
 
12           child or the later date is agreed to by all parties and
 
13           is approved by the court; 
 
14      (5)  If the petition does not include allegations that
 
15           aggravated circumstances or termination events are
 
16           involved and the parties stipulate to the jurisdiction
 
17           of the court and to foster custody or family
 
18           supervision in accordance with the requests of the
 
19           department, the court may order that the case be set
 
20           for a disposition plan hearing within five working days
 
21           unless a written service plan is available and is
 
22           proposed to be included as part of the stipulated
 
23           orders; 
 

 
Page 158                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (6)  If the parties have stipulated:
 
 2           (A)  To the jurisdiction of the court;
 
 3           (B)  To foster custody or family supervision in
 
 4                accordance with the requests of the department;
 
 5                and
 
 6           (C)  To the terms of a service plan that is proposed to
 
 7                be included as part of the stipulated orders to be
 
 8                entered by the court,
 
 9           the court in its discretion may either proceed on the
 
10           return date with a disposition plan hearing in
 
11           accordance with the provisions of section     -60, or
 
12           schedule a disposition plan hearing or a continuance
 
13           thereof if commenced but not concluded on the return
 
14           date within five working days; and
 
15      (7)  If the parties stipulate to the jurisdiction of the
 
16           court and the petition includes allegations of
 
17           aggravated circumstances or termination events, the
 
18           court shall issue an order setting the case for a
 
19           termination of parental rights hearing not earlier than
 
20           thirty days nor more than forty-five days from the date
 
21           of the written order; provided that the court, in its
 
22           discretion, may also proceed to schedule or to conduct
 
23           a disposition plan hearing in accordance with
 
24           paragraphs 4, 5, or 6 of subsection (c).
 

 
Page 159                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1          -56  Adjudication hearing.  (a)  The court, in
 
 2 rendering a determination concerning whether to sustain or
 
 3 dismiss a petition, shall consider all evidence that is relevant
 
 4 to the determination, including any testimony or exhibits
 
 5 presented at the adjudication hearing and the information
 
 6 provided in: 
 
 7      (1)  The family assessment report; 
 
 8      (2)  The report or reports submitted by the department
 
 9           pursuant to section     -44; 
 
10      (3)  Any report made by the multidisciplinary team or by any
 
11           professional conducting an examination ordered by the
 
12           court in accordance with section     -53(d); and
 
13      (4)  Any report submitted orally or in writing by the
 
14           guardian ad litem. 
 
15      (b)  If facts sufficient to sustain the petition are: 
 
16      (1)  Established in accordance with this chapter, the court
 
17           shall enter an order sustaining the petition and
 
18           finding that the child is a child whose physical or
 
19           psychological health or welfare has been harmed or is
 
20           subject to threatened or imminent harm by the acts or
 
21           omissions of members of the child's family; provided
 
22           that if the parties consent, the factual showing
 
23           necessary to support the finding of jurisdiction may be
 

 
Page 160                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           based upon the report or reports submitted pursuant to
 
 2           section     -44, including the family assessment and
 
 3           supplements to the family assessment prepared pursuant
 
 4           to section     -18, or other stipulated evidence deemed
 
 5           by the court to constitute an adequate basis for
 
 6           sustaining the petition, that report or reports or
 
 7           stipulated evidence may be admitted into evidence
 
 8           subject to reservation by the parties of their right to
 
 9           cross-examination in accordance with section     -
 
10           70(d); or 
 
11      (2)  Not established, the court shall enter an order
 
12           dismissing the petition. 
 
13      (c)  If the court sustains the petition and does not
 
14 immediately commence the disposition plan hearing, it shall: 
 
15      (1)  Determine, based on the facts adduced during the
 
16           adjudication hearing and any other additional facts
 
17           presented to it, whether a foster custody order should
 
18           be continued or should be entered pending the
 
19           disposition plan hearing.  In making this
 
20           determination, the court shall consider the report or
 
21           reports submitted pursuant to section     -44,
 
22           including the family assessment submitted therewith,
 
23           any report made by the multidisciplinary team or by any
 

 
Page 161                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           professional conducting an examination ordered by the
 
 2           court in accordance with section     -53(d), and any
 
 3           recommendations of the guardian ad litem; 
 
 4      (2)  Enter into orders regarding placement, visitation, and
 
 5           the provision of services to the child and the child's
 
 6           family as the court deems to be appropriate prior to
 
 7           the disposition plan hearing; 
 
 8      (3)  Enter an order requiring submission of the case to the
 
 9           multidisciplinary team for its assessment or an
 
10           examination of the child or any other member of the
 
11           family pursuant to section     -53(d); and 
 
12      (4)  Except as otherwise ordered pursuant to section     -
 
13           56(d), schedule the disposition plan hearing:
 
14           (A)  Within five working days; or 
 
15           (B)  If additional time is needed to permit completion
 
16                of the assessment by the multidisciplinary team or
 
17                of an examination pursuant to section     -53(d)
 
18                and preparation of the related report, within not
 
19                more than fifteen working days. 
 
20      (d)  If the department alleges that the case involves
 
21 aggravated circumstances or termination events, or if the court
 
22 concludes, based on the facts adduced during the adjudication
 
23 hearing, that aggravated circumstances or termination events
 
24 appear to be present, then the court shall issue an order:
 

 
Page 162                                                   2977
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 1      (1)  Setting the case for a termination of parental rights
 
 2           hearing not earlier than thirty days nor more than
 
 3           forty-five days from the date of the written order; and 
 
 4      (2)  Stating whether a disposition plan hearing will proceed
 
 5           pursuant to section     -56(c)(3) or be postponed until
 
 6           after the termination of parental rights hearing
 
 7           conducted pursuant to section     -66.
 
 8        SUBPART D. DISPOSITION PLAN HEARINGS; SERVICE PLAN;
 
 9                        CONCURRENT PLANNING
 
10          -60  Disposition plan hearing; service plan.  (a)  At
 
11 the initial disposition plan hearing, the court shall determine
 
12 whether the child's family home is presently a safe family home.
 
13 The court shall consider all relevant information, including the
 
14 family assessment made in accordance with section     -18, the
 
15 report or reports submitted by the department pursuant to section
 
16     -44, any report made by the multidisciplinary team or by any
 
17 professional conducting an examination ordered by the court in
 
18 accordance with section     -53(d), and the report or reports of
 
19 the guardian ad litem submitted in accordance with section     -
 
20 50, in reaching a determination. 
 
21      (b)  If the court determines that the child's family is
 
22 presently willing and able to provide the child with a safe
 
23 family home without the assistance of a service plan, the court
 
24 shall terminate jurisdiction. 
 

 
Page 163                                                   2977
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 1      (c)  If the court determines that the family home can be
 
 2 made safe with the assistance of a service plan, including a
 
 3 service plan consisting solely of mandatory participation in
 
 4 specified community diversion programs, the court shall place the
 
 5 child and the child's family members who are parties under family
 
 6 supervision of the department or an authorized services provider,
 
 7 return the child to the child's family home, and enter further
 
 8 orders, including orders confirming the terms of the service
 
 9 plan, orders of protection under section     -51, and other
 
10 orders as the court deems to be in the best interests of the
 
11 child.
 
12      (d)  If the court determines that the family home cannot
 
13 presently be made safe even with the assistance of a service
 
14 plan, the court shall vest foster custody of the child in the
 
15 department and enter orders confirming the terms of the service
 
16 plan, orders of protection under section     -51, and other
 
17 orders as the court deems to be in the best interests of the
 
18 child.
 
19      (e)  The court may continue the initial disposition plan
 
20 hearing concerning the terms and conditions of the proposed
 
21 service plan to a date not later than seven days from the date of
 
22 the initial disposition plan hearing, unless the court deems a
 
23 later date to be in the best interests of the child or unless a
 

 
Page 164                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 party to the proceeding demonstrates to the courts satisfaction a
 
 2 compelling reason for a longer continuance; provided that if the
 
 3 court is convinced that a party has signed, understands, and
 
 4 accepts the service plan, the party's presence at the continued
 
 5 disposition plan hearing may be waived by the court for good
 
 6 cause. 
 
 7      (f)  Prior to ordering a service plan at the initial
 
 8 continued disposition plan hearing, the court shall make findings
 
 9 that:
 
10      (1)  Each required service and each component of the service
 
11           plan is reasonably necessary in order to make the
 
12           family home safe; 
 
13      (2)  If each person who has responsibilities under the plan
 
14           performs those services, the family home has reasonable
 
15           prospects of being made safe for the child either
 
16           presently or within six months with the provision of
 
17           further services for up to an additional three months
 
18           if necessary for the home to be a safe home for the
 
19           child; and 
 
20      (3)  Each term, condition, and consequence of the service
 
21           plan, and of failure to comply with the service plan,
 
22           has been thoroughly explained to and is understood by
 
23           each party or the party's guardian ad litem.  Prior to
 

 
Page 165                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           making the findings, the court shall ensure that a full
 
 2           explanation has been given to the parties under a
 
 3           service plan of their responsibilities under the
 
 4           service plan and the consequences of their failure to
 
 5           comply with the service plan. 
 
 6      (g)  Upon making the findings required by subsection (f),
 
 7 the court shall issue its order approving the service plan.  The
 
 8 order shall direct each party to the service plan to participate
 
 9 in, complete, be liable for, and make every good faith effort to
 
10 arrange payment for the services or treatment to the extent the
 
11 payment is within the party's means.  The court order shall
 
12 direct the department and each person who is to participate in
 
13 services under the plan to cooperate in completing the scheduling
 
14 of the services at the first available times by no later than the
 
15 first working day after the disposition plan hearing at which the
 
16 service plan is approved. 
 
17      (h)  At the initial or continued disposition plan hearing
 
18 the court shall consider whether any extended family member,
 
19 relative or other person who might wish to be certified as an
 
20 approved home for the child and who has been identified in
 
21 accordance with section    -42(a) should not be provided a
 
22 notification in accordance with section     -42(b).  The
 
23 notification shall be given by the department within ten working
 
24 days after the completion of the disposition plan hearing unless:
 

 
Page 166                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  The court in its discretion concludes that the
 
 2           notification would not be in the best interests of the
 
 3           child; or
 
 4      (2)  A party objects to the giving of the notification for
 
 5           reasons deemed by the court in its discretion to be
 
 6           sufficient to withhold the giving of the notification,
 
 7           which reasons may include a finding that the
 
 8           notification will cause undue embarrassment or will not
 
 9           serve the best interests of the child.
 
10      If the court at the conclusion of the initial disposition
 
11 plan hearing or any continuance thereof orders that notice not
 
12 then be given to an extended family member, relative, or other
 
13 person, the question whether the notification should be given
 
14 shall be reconsidered by the court by not later than the third
 
15 disposition plan review hearing. 
 
16          -61  Disposition plan review hearings; concurrent
 
17 planning.(a)  Disposition plan review hearings shall be
 
18 scheduled not more than thirty days, sixty days, and ninety days
 
19 after the date the court issues its order approving a service
 
20 plan.  The dates of each review hearings shall be scheduled at
 
21 the disposition plan hearing and be set forth in the courts order
 
22 approving the disposition plan.  The principal purpose of
 
23 disposition plan review hearings shall be to insure that the
 

 
Page 167                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 parties ordered to participate in services have scheduled and are
 
 2 participating in said services and to monitor their progress, as
 
 3 well as to determine whether any other or different services
 
 4 should be ordered or any other orders, including an order to
 
 5 provide notification under section    -42(b) to any person
 
 6 identified under section     -42(a), should be entered.  The
 
 7 department and the guardian ad litem shall submit their
 
 8 respective reports on the matters within the time periods
 
 9 specified in section     -44 and     -50, respectively.  The
 
10 thirty-day and sixty-day review hearings may be dispensed with
 
11 and taken off the court's calendar if the department determines
 
12 and represents to the court that the following conditions are
 
13 satisfied: 
 
14      (1)  All services required under the service plan have been
 
15           scheduled and each person required to participate in
 
16           the services has begun participation in the services,
 
17           has participated to date in all required services and
 
18           appears to the department to be making satisfactory
 
19           progress in accomplishing on schedule the objectives of
 
20           the service plan; 
 
21      (2)  No modifications to the service plan are required at
 
22           that time; 
 

 
 
 
Page 168                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  No additional orders of protection or other orders or
 
 2           modifications to existing orders, are required at that
 
 3           time; 
 
 4      (4)  The guardian ad litem and all parties to the service
 
 5           plan concur that the hearing may be taken off the
 
 6           calendar; and 
 
 7      (5)  The department provides written notice to the court,
 
 8           the guardian ad litem, and the parties stating:
 
 9           (A)  That the foregoing conditions are satisfied; 
 
10           (B)  That the applicable hearing is dispensed with; and
 
11           (C)  The date of the next hearing. 
 
12      (b)  If by the ninety-day disposition plan review hearing,
 
13 or at any subsequent disposition plan review hearing, the court
 
14 determines that the parties have not made substantial progress in
 
15 complying with the service plan or that there is substantial
 
16 doubt whether the family home will be made safe within nine
 
17 months from the date of the order approving the disposition plan,
 
18 the court shall order the department to complete its concurrent
 
19 planning and to submit a concurrent plan to the court and the
 
20 parties not later than ten working days in advance of the next
 
21 disposition plan review hearing.
 
22      (c)  After the first ninety-day disposition plan review
 
23 hearing, except for good cause shown, the court thereafter shall
 

 
Page 169                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 set each case for further disposition plan review hearings no
 
 2 later than three months after the date of the last disposition
 
 3 plan review hearing until the court's jurisdiction has been
 
 4 terminated or the court has approved a permanent plan at a
 
 5 permanent plan hearing.  The court may set a case for a
 
 6 disposition plan review hearing upon the motion of a party at any
 
 7 other time or upon its own motion if the hearing is deemed by the
 
 8 court to be in the best interests of the child. 
 
 9      (d)  Notice of disposition plan review hearings, changes in
 
10 the dates thereof, and cancellation of thirty-day and sixty-day
 
11 review hearings shall be served by the department upon the
 
12 parties, or their counsel, along with the reports the department
 
13 is required to file; provided that the failure to provide the
 
14 notice within the time period shall not be grounds for requesting
 
15 a continuance of a hearing by a person who had actual notice
 
16 thereof.  Notice of the disposition plan review hearing that the
 
17 department's proposed concurrent plan is to be considered, or at
 
18 which any proposed modification of the plan is to be considered,
 
19 accompanied by the proposed concurrent plan or modification
 
20 thereto, shall be provided at least five working days prior to
 
21 the hearing to each of the following persons, whether or not a
 
22 party and whether or not previously notified of the pendency of
 
23 the proceedings to each person:
 

 
Page 170                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  Who is then serving as a foster parent for the child; 
 
 2      (2)  Who has served as a foster parent for the child for a
 
 3           period of sixty days or more; 
 
 4      (3)  Previously notified in accordance with section     -
 
 5           42(b) who has sought to intervene in the proceedings or
 
 6           has otherwise expressed an interest in adopting or
 
 7           providing foster care for the child; 
 
 8      (4)  Identified by the department in the concurrent plan as
 
 9           a possible or probable adoptive parent or legal
 
10           custodian; and 
 
11      (5)  Identified under section     -42(a) who has not
 
12           received notification under section     -42(b).  The
 
13           notice shall clearly state that the proposed concurrent
 
14           plan will be considered by the court and that, if it is
 
15           ultimately determined that the child cannot be returned
 
16           safely to the family home, the child will likely be
 
17           placed as specified in the concurrent plan approved by
 
18           the court.  
 
19      For purposes of this subsection, notice may be effected by
 
20 hand delivery or by regular mail, and may consist of the last
 
21 court order if it includes the date and time of the hearing. 
 
22      (e)  Upon each disposition plan review hearing the court
 
23 shall consider all relevant information available to it,
 

 
Page 171                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 including the family assessment report and updates thereto
 
 2 prepared in accordance with section     -18, the report submitted
 
 3 by the department pursuant to section     -44, and the report of
 
 4 the guardian ad litem submitted pursuant to section     -50 and
 
 5 shall then: 
 
 6      (1)  Determine whether the child's family is presently
 
 7           willing and able to provide the child with a safe
 
 8           family home without the assistance of a service plan
 
 9           and, if so, the court shall terminate jurisdiction; 
 
10      (2)  Determine whether the child's family is presently
 
11           willing and able to provide the child with a safe
 
12           family home with the assistance of a service plan and,
 
13           if so, the court shall return the child or continue the
 
14           placement of the child in the child's family home under
 
15           the family supervision of the department or authorized
 
16           services provider; 
 
17      (3)  If the child's family home is determined not to be
 
18           safe, even with the assistance of a service plan, order
 
19           that the child remain or be placed under the foster
 
20           custody of the department; 
 
21      (4)  Determine whether the parties have complied with,
 
22           performed, and completed every term and condition of
 
23           the service plan that was previously ordered by the
 

 
Page 172                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           court, and, if not, determine whether the failure to so
 
 2           comply should be treated as a civil contempt of the
 
 3           court or whether the failure to comply with the court's
 
 4           orders shall constitute grounds to enter an order
 
 5           setting the case for a termination of parental rights
 
 6           hearing;
 
 7      (5)  Determine whether to order that:
 
 8           (A)  The case be submitted to the multidisciplinary
 
 9                team for its review and recommendations; or 
 
10           (B)  The child or members of the child's family be
 
11                required to submit to an examination under section
 
12                 -53(d); 
 
13      (6)  Order revisions to the existing service plan as the
 
14           court determines to be in the best interests of the
 
15           child; and 
 
16      (7)  Enter further orders as the court deems to be in the
 
17           best interests of the child. 
 
18      (f)  At any disposition plan review hearing at which
 
19 approval of the concurrent plan, or a revision thereto, is to be
 
20 considered by the court, the court shall consider all relevant
 
21 information available to it, together with the testimony,
 
22 arguments, and recommendations of each person participating in
 
23 the hearing, and shall:
 

 
Page 173                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  Approve the concurrent plan proposed by the department;
 
 2      (2)  Approve such modifications to the concurrent plan as
 
 3           the court deems to be in the best interest of the
 
 4           child; or 
 
 5      (3)  Direct the department to do additional concurrent
 
 6           planning and submit a revised concurrent plan for
 
 7           consideration at the next disposition plan review
 
 8           hearing. 
 
 9      (g)  The court shall not approve a concurrent plan that
 
10 contemplates a permanent placement other than adoption of the
 
11 child unless:
 
12      (1)  The court concludes that adoption would not be in the
 
13           best interests of the child; 
 
14      (2)  The department has documented diligent but unsuccessful
 
15           efforts to identify a suitable adoptive placement,
 
16           including efforts to arrange placement outside the
 
17           state through state, regional, and national adoption
 
18           exchanges and electronic exchange systems, and further
 
19           efforts appear unlikely to be successful; or 
 
20      (3)  In the case of a child who is fourteen years of age or
 
21           older, the child opposes adoption and the court
 
22           concludes that it should honor the child's wishes. 
 

 
 
 
Page 174                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (h)  At each disposition plan review hearing following the
 
 2 hearing that the concurrent plan is approved, the department
 
 3 shall report on its progress in taking all steps that will be
 
 4 necessary, including certification of applicants who are to adopt
 
 5 the child if parental rights are terminated, so that the
 
 6 concurrent plan may be implemented without delay as the permanent
 
 7 plan for the child in the event parental rights are terminated.
 
 8       (i)  If the child has been residing without the family home
 
 9 for a period of nine months, or if there has been a court ordered
 
10 service plan for a period of nine months following the filing of
 
11 a petition, and in either case the parties to the service plan
 
12 have not been making satisfactory progress in fulfilling their
 
13 obligations thereunder or it otherwise appears that the home will
 
14 not be made safe for the child within the next three months, the
 
15 court on its own motion or upon the application of the department
 
16 or the guardian ad litem shall set the case for a termination of
 
17 parental rights hearing not earlier than thirty days nor more
 
18 than forty-five days from the date of the determination and order
 
19 that the department submit a report pursuant to section     -44
 
20 prior to the hearing.
 
21     SUBPART E. TERMINATION OF PARENTAL RIGHTS; PERMANENT PLAN
 
22                             HEARINGS
 
23          -65   Termination of parental rights.(a)  A legal
 
24 parent, legal guardian, or the natural father who is an
 

 
Page 175                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 adjudicated, presumed, or concerned father as defined in section
 
 2 578-2 of a child who has been determined to be within the
 
 3 jurisdiction of the court under this chapter may at any time,
 
 4 with the approval of the court in a written order, stipulate to
 
 5 the termination of parental rights and thus place the child
 
 6 within the custody of either the department or other legal parent
 
 7 or legal guardian who does not so stipulate.  No stipulation to
 
 8 the termination of parental rights shall be approved until the
 
 9 court has examined the person desiring to stipulate to the
 
10 termination on the record and has determined that:
 
11      (1)  The stipulation is made with full knowledge of the
 
12           effect and consequences of the stipulation; and 
 
13      (2)  The stipulation is in the best interests of the child.
 
14      (b)  If a legal parent, legal guardian, natural mother, or
 
15 the natural father who is an adjudicated, presumed, or concerned
 
16 father as defined in section 578-2, of a child who has been
 
17 determined to be within the jurisdiction of the court under this
 
18 chapter has been served with the petition and failed to appear on
 
19 the return date or any continued return date, the court may enter
 
20 default against the person and may, pursuant to the default,
 
21 enter an order terminating the parental rights of the defaulting
 
22 parent; provided that no order terminating parental rights shall
 
23 be entered without a prima facie showing on the record before the
 

 
Page 176                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 court, by clear and convincing evidence, of at least one of the
 
 2 grounds for terminating the person's parental rights under
 
 3 section 571-61(b) or under     -65(c). 
 
 4      (c)  The parental rights of a person who is a party to a
 
 5 child protective proceeding under this chapter shall be
 
 6 terminated if any one of the following grounds is proved by clear
 
 7 and convincing evidence at a termination of parental rights
 
 8 hearing pursuant to section     -66 and the court finds by a
 
 9 preponderance of the evidence that the termination is in the best
 
10 interests of the child: 
 
11      (1)  The court determines, or another court of competent
 
12           jurisdiction has determined, that the person has
 
13           engaged in conduct that constitutes or gives rise to a
 
14           termination event;
 
15      (2)  The child abuse or neglect by the person involved
 
16           aggravated circumstances; 
 
17      (3)  The whereabouts of the person is unknown after
 
18           reasonable efforts by the department to locate the
 
19           person;
 
20      (4)  The person is not presently willing and able to provide
 
21           the child with a safe family home and, as a result of
 
22           an unwillingness or a failure by the person to perform
 
23           his or her responsibilities under the service plan, is
 

 
Page 177                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           not likely to be able to provide the child with a safe
 
 2           family home within twelve months from the date the
 
 3           petition was filed, or within the additional period not
 
 4           to exceed a total of eighteen months from the filing of
 
 5           the petition as the court may permit; 
 
 6      (5)  The person has a mental or psychological condition for
 
 7           which services are not reasonably available that would
 
 8           enable the person to provide the child with a safe
 
 9           family home within twelve month from the date the
 
10           petition was filed; or 
 
11      (6)  The person resides in a family home that cannot be made
 
12           safe because:
 
13           (A)  The perpetrator of child abuse is unknown; or 
 
14           (B)  The perpetrator resides in or has access to the
 
15                family home and the family home cannot be made
 
16                safe by the exclusion of the perpetrator from the
 
17                home, the provision of services to the
 
18                perpetrator, or the provision of services to the
 
19                person. 
 
20      (d)  No involuntary termination of parental rights under
 
21 this chapter shall be valid or binding unless it contains a
 
22 finding that the facts that justify the termination of parental
 
23 rights have been proved by clear and convincing evidence and a
 
24 finding that the termination of parental rights has been proved
 

 
Page 178                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 by a preponderance of the evidence to be in the best interests of
 
 2 the child.  In reaching its determination whether termination of
 
 3 parental rights is in the best interests of a child over fourteen
 
 4 years of age, the court may consider whether the child opposes
 
 5 the termination. 
 
 6      (e)  No termination of parental rights entered under this
 
 7 chapter shall operate to terminate the mutual rights of
 
 8 inheritance of the child and the parent or parents involved , or
 
 9 to terminate the legal duties and liabilities of the parent or
 
10 parents, unless and until the child has been legally adopted. 
 
11          -66  Termination of parental rights hearing.  (a)  At a
 
12 hearing on termination of parental rights, the court shall
 
13 consider all testimony and other evidence presented at the
 
14 hearing, the family assessment report as most recently updated,
 
15 the reports submitted by the department pursuant to section     -
 
16 44, the guardian ad litems report submitted pursuant to section
 
17     -50, reports prepared by the multidisciplinary team or by a
 
18 professional who has conducted an examination under section     -
 
19 53(d), and other information and argument as the court deems
 
20 appropriate and shall determine: 
 
21      (1)  Whether there is clear and convincing evidence to
 
22           support termination of parental rights for any of the
 
23           reasons set forth in section     -65(c); and 
 

 
Page 179                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  Whether a termination would be in the best interest of
 
 2           the child. 
 
 3      (b)  At a hearing on termination of parental rights, the
 
 4 fact that a child has been living out of the family home for a
 
 5 period of nine months or more shall create a rebuttable
 
 6 presumption that the parents are not able to provide a safe home
 
 7 for the child even with the assistance of a service plan, then or
 
 8 in the foreseeable future.  The strength of this presumption
 
 9 shall increase based on the amount of time beyond nine months
 
10 that the child has been out of the family home.  
 
11      (c)  If it has been established by clear and convincing
 
12 evidence that parental rights of a person should be terminated
 
13 pursuant to section     -65, the court shall enter a judgment
 
14 ordering: 
 
15      (1)  That the existing service plan for the person is
 
16           terminated; 
 
17      (2)  That parental rights of the person are terminated and,
 
18           if no other person continues to have parental rights,
 
19           that custody is awarded to the department, a child
 
20           placing organization, or another appropriate person
 
21           pending approval of a permanent plan for the child; and
 
22      (3)  That, if no other person continues to have parental
 
23           rights, the matter be set for a permanent plan hearing
 
24           within five working days. 
 

 
Page 180                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (d)  A judgment terminating parental rights shall become
 
 2 final and binding on all the parties concerned as of the date of
 
 3 its entry and filing, subject only to the right of appeal thereof
 
 4 within thirty days after the entry.  No judgment shall be set
 
 5 aside for reasons other than the best interests and welfare of
 
 6 the child concerned. 
 
 7      (e)  If the court determines that it has not been
 
 8 established at the hearing by clear and convincing evidence that
 
 9 parental rights should be terminated, the court shall: 
 
10      (1)  Order the parties to comply with the service plan, as
 
11           it may then be revised by the court; 
 
12      (2)  Set the matter for a disposition plan review hearing
 
13           not later than two months from the date of the order;
 
14      (3)  Direct the department or authorized services provider
 
15           to submit a written report pursuant to section     -44
 
16           that provides a detailed account of the parties
 
17           compliance with and progress under the service plan
 
18           during the two-month period; 
 
19      (4)  State in its order that, if significant progress is not
 
20           made under the service plan prior to the next
 
21           disposition plan review hearing, the court at the
 
22           hearing will set the case for a further termination of
 
23           parental rights hearing; and 
 

 
Page 181                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (5)  Enter further orders as the court deems to be in the
 
 2           best interests of the child.
 
 3          -67  Permanent plan hearing.(a)  At the permanent
 
 4 plan hearing, that hearing shall be set within ten working days
 
 5 after the entry of an order terminating all parental rights, the
 
 6 court shall consider all relevant information, including the
 
 7 terms of any concurrent plan that was previously approved, the
 
 8 family assessment report, the reports submitted pursuant to
 
 9 sections     -44 and     -50, reports submitted by the
 
10 multidisciplinary team, and reports or information submitted by
 
11 other professionals, foster parents of the child, and extended
 
12 family members, and determine whether the child should: 
 
13      (1)  Be adopted pursuant to chapter 578; provided that the
 
14           court shall presume that it is in the best interests of
 
15           the child to be adopted, unless the court concludes
 
16           that it is in the best interest of the child to be in
 
17           the home of a person who for good cause is unwilling or
 
18           unable to adopt the child but is committed to and is
 
19           capable of being the child's legal guardian or
 
20           permanent custodian;  
 
21      (2)  Be placed under guardianship pursuant to chapter 560;
 
22           or 
 

 
 
 
Page 182                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  Remain in permanent custody until the child is
 
 2           subsequently adopted, placed under a guardianship, or
 
 3           reaches the age of majority, and that status shall not
 
 4           be subject to modification or revocation except upon
 
 5           motion and pursuant to a showing of extraordinary
 
 6           circumstances. 
 
 7      (b)  At the permanent plan hearing, the court may enter
 
 8 further orders as the court deems to be in the best interests of
 
 9 the child, including restricting or excluding persons who
 
10 received notification under section     -42 and have not sought
 
11 to participate in the proceedings and any other unnecessary
 
12 persons from participating in adoption or other subsequent
 
13 proceedings. 
 
14      (c)  In reviewing the proposed permanent plan, the court
 
15 shall: 
 
16      (1)  Presume that it is in the best interests of the child
 
17           to be promptly and permanently placed, preferably
 
18           through adoption, with responsible and competent
 
19           parents in safe and secure homes;
 
20      (2)  Increase the strength of the presumption proportionate
 
21           to the youth of the child upon the date that the child
 
22           was first placed under foster custody by the court; and
 

 
 
 
Page 183                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1       (3) If the child has reached the age of fourteen, determine
 
 2           whether the child is supportive of the permanent plan. 
 
 3      (d)  The court shall not approve a permanent plan that
 
 4 contemplates a permanent placement other than adoption of the
 
 5 child unless:
 
 6      (1)  The court concludes that adoption would not be in the
 
 7           best interests of the child; 
 
 8      (2)  The department has documented diligent but unsuccessful
 
 9           efforts to identify a suitable adoptive placement,
 
10           including efforts to arrange placement outside the
 
11           state through state, regional, and national adoption
 
12           exchanges and electronic exchange systems, and further
 
13           efforts appear unlikely to be successful; or 
 
14      (3)  In the case of a child who is fourteen years of age or
 
15           older, the child opposes adoption and the court
 
16           concludes that it should honor the child's wishes. 
 
17          -68  Permanent plan review hearing.  (a)  Until
 
18 adoption or guardianship is ordered, each case:
 
19      (1)  Shall be set for an initial permanent plan review
 
20           hearing not later than three months after the date that
 
21           a permanent plan is ordered by the court, or sooner if
 
22           required by federal law; and 
 

 
 
 
Page 184                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  Thereafter, each subsequent permanent plan review
 
 2           hearing shall be set not later than six months after
 
 3           the previous permanent plan review hearing, or sooner
 
 4           if required by federal law. 
 
 5      (b)  The department shall, within ten working days after the
 
 6 child is moved from the placement called for in the permanent
 
 7 plan, request the court to set a permanent plan review hearing
 
 8 within ten working days, at which hearing the custodian named in
 
 9 the previously approved placement, as well as the child and the
 
10 guardian ad litem, shall be permitted to be heard on the issue of
 
11 the most appropriate placement for the child. 
 
12      (c)  Notice of permanent plan review hearings shall be
 
13 served by the department upon the present foster parents,
 
14 custodians, or legal guardians of the child and upon the guardian
 
15 ad litem, each of whom shall be entitled to participate in the
 
16 proceedings, no less than five working days before the scheduled
 
17 hearing.  For purposes of this subsection, notice may be effected
 
18 by hand delivery or by regular mail.  The notice may consist of
 
19 the last court order, if it includes the date and time of the
 
20 hearing. 
 
21      (d)  Notice of permanent plan review hearings shall be
 
22 served upon any child who has not been adopted and is over the
 
23 age of fourteen, and said child shall be entitled to limited
 

 
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 1 participation in the proceedings to determine if the plan is
 
 2 working in the best interests of the child and whether the child
 
 3 supports the plan.
 
 4             SUBPART F.  EVIDENCE AND BURDEN OF PROOF
 
 5          -70  Rules of Evidence.(a)  Except as otherwise
 
 6 provided in this chapter or other applicable laws or rules of the
 
 7 court, the Hawaii rules of evidence shall govern the
 
 8 admissibility of evidence in all child protective proceedings
 
 9 before the court under this chapter. 
 
10      (b)  In a reasonable cause hearing, a determination that
 
11 there exists reasonable cause to believe that a child has been
 
12 abused or neglected or otherwise is subject to imminent harm may
 
13 be based upon relevant evidence, including hearsay evidence when
 
14 direct testimony is unavailable or when it is impractical to
 
15 subpoena witnesses who will be able to testify to facts from
 
16 personal knowledge. 
 
17      (c)  A person employed by the department as a social worker
 
18 in the area of child protective services is qualified to testify
 
19 as an expert in the area of social work, child protection, and
 
20 child protective services. 
 
21      (d)  A written report submitted under section     -44,
 
22 including a family assessment prepared pursuant to section     -
 
23 18 and submitted with a report, and reports submitted by a
 

 
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 1 multidisciplinary team or by a professional who has examined or
 
 2 treated the child or another member of the family, shall be
 
 3 admissible and may be relied upon to the extent of its probative
 
 4 value in any proceeding under this chapter; provided that the
 
 5 person or persons who prepared the report may be subject to
 
 6 direct and cross-examination as to any matter in the report,
 
 7 unless the person is unavailable.
 
 8          -71  Burden of proof.  (a)  In all trials and hearings
 
 9 under this chapter, other than with respect to the determination
 
10 whether grounds exist for terminating parental rights in a
 
11 termination of parental rights hearing, any necessary
 
12 determination shall be based on a preponderance of the evidence.
 
13      (b)  In a termination of parental rights hearing, a
 
14 determination that grounds exist for terminating parental rights
 
15 shall be based upon clear and convincing evidence and the
 
16 determination whether termination of parental rights is in the
 
17 best interests of the child shall be based upon a preponderance
 
18 of the evidence. 
 
19          -72  Evidence may be inadmissible in other state
 
20 actions or proceedings; testimony by a child.(a)  Any testimony
 
21 by or other evidence produced by a party in a child protective
 
22 proceeding under this chapter, that would otherwise be
 
23 unavailable, may be ordered by the court to be inadmissible as
 

 
Page 187                                                   2977
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 1 evidence in any other state civil or criminal action or
 
 2 proceeding, if the court deems an order to be in the best
 
 3 interests of the child. 
 
 4      (b)  The court may direct that a child testify under the
 
 5 circumstances as the court deems to be in the best interests of
 
 6 the child and in the furtherance of justice, that may include or
 
 7 be limited to an interview on the record in chambers with only
 
 8 those parties present as the court deems appropriate. 
 
 9      (c)  Any statement made by the child to any person relating
 
10 to any allegation of child abuse or neglect, harm, or imminent or
 
11 threatened harm shall be admissible in evidence. 
 
12          -73  Recording a statement or the testimony of a child.
 
13 The recording of a statement of a child is admissible into
 
14 evidence in any proceeding under this chapter if: 
 
15      (1)  The recording is visual, or oral, or both and is
 
16           recorded on film, tape, videotape, or other electronic
 
17           means; 
 
18      (2)  The recording equipment was capable of making an
 
19           accurate recording, the operator of the equipment was
 
20           competent, and the recording is accurate and has not
 
21           been altered; and 
 
22      (3)  Every person on the recording is identified. 
 

 
 
 
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 1         -74  Inapplicability of certain privileges.  The
 
 2 physician-patient privilege, the psychologist-client privilege,
 
 3 the spousal privilege, and the victim-counselor privilege shall
 
 4 not be available to exclude evidence of child abuse or neglect,
 
 5 harm, or imminent or threatened harm to a child in any proceeding
 
 6 under this chapter. 
 
 7                     SUBPART G. OTHER MATTERS 
 
 8          -75  Failure to comply with terms or conditions of an
 
 9 order of the court.(a)  If a party knowingly fails to comply
 
10 with the provisions of this chapter or the terms and conditions
 
11 of an order issued under this chapter, the court may treat the
 
12 matter as a criminal contempt of court and apply the provisions
 
13 of section 710-1077 and all other provisions available under the
 
14 law. 
 
15      (b) The court may award attorney's fees to the guardian ad
 
16 litem in addition to whatever other fees are normally payable to
 
17 the guardian ad litem by reason of the terms of his or her
 
18 appointment, and to reimburse any other party, including the
 
19 department, for attorney's fees, which attorney's fees were
 
20 necessarily and reasonably incurred to secure an order requiring
 
21 the party or person to perform the party's or person's
 
22 obligations under this chapter or under an order of the court and
 
23 to secure other relief necessitated by the nonperformance and may
 

 
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 1 assess the fees against any party or other person, including the
 
 2 department, whose conduct required the guardian ad litem or other
 
 3 party to seek the relief. 
 
 4      (c) Nothing in this section shall be construed to limit the
 
 5 inherent power of the court to enter orders and to impose
 
 6 sanctions as in the reasonable exercise of its discretion it
 
 7 deems necessary or appropriate to preserve its jurisdiction and
 
 8 to accomplish the purposes of the statute.
 
 9          -76  Orders; order of final disposition.(a)  At the
 
10 conclusion of a child protective proceeding, the court shall
 
11 enter an order terminating the case.  This order, that shall be
 
12 denominated as the order of final disposition, shall set forth
 
13 the final outcome of the case for the child and shall specify all
 
14 prior orders that are to be continued in effect, including
 
15 orders:
 
16      (1)  Terminating parental rights;
 
17      (2)  Requiring parties to make support and other payments,
 
18           including repayment of the cost of any and all care,
 
19           treatment, or other services supplied by the
 
20           department, an approved home, or the court for the
 
21           benefit of the child or the family;
 
22      (3)  Of protection; and
 
23      (4)  Relating to the adoption or custody of the child.
 

 
Page 190                                                   2977
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 1      The court shall retain jurisdiction for purposes of
 
 2 enforcing the provisions of the order of final disposition,
 
 3 including all prior orders that the terms of the order of final
 
 4 disposition are to remain in effect. 
 
 5      (b)  Decisions regarding the custody of the child in a child
 
 6 protective proceeding, including the orders included in the order
 
 7 of final disposition, shall also be expressed, as appropriate, as
 
 8 orders for guardianship pursuant to chapter 560, for child
 
 9 custody in divorce pursuant to chapter 580, for child custody in
 
10 paternity pursuant to chapter 584, or for adoption pursuant to
 
11 chapter 578:
 
12      (1)  All orders in a child protective case that are also
 
13           made pursuant to another chapter shall be modifiable
 
14           under the rules and decisions of the respective
 
15           chapters except as the modifications would conflict
 
16           with the orders regarding the child rendered in the
 
17           child protective case; and
 
18      (2)  If, in the best interests of the child, child custody
 
19           orders made in proceedings under other chapters must be
 
20           modified because they conflict with the orders made
 
21           pursuant to this chapter, then all affected persons
 
22           shall be so notified.  All custody orders made pursuant
 
23           to this section shall state this requirement. 
 

 
Page 191                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (c)  Orders requiring parties to have no contact with each
 
 2 other or a child, including orders included in the order of final
 
 3 disposition, shall be expressed as a domestic abuse protective
 
 4 order under chapter 586 and shall be modifiable under the rules
 
 5 and decisions of that chapter.
 
 6          -77  Judicial assignment of child protection cases.
 
 7 Inasmuch as decisions in child protective proceedings must
 
 8 ultimately be based on an assessment of the character,
 
 9 credibility, and fitness of parents, foster parents, children and
 
10 others, and the assessments are more likely to be accurate if
 
11 based on numerous contacts with the individuals involved in a
 
12 proceeding, the supreme court and the courts in each circuit in
 
13 the state are urged to follow:
 
14      (1)  The practice of assigning one family court judge to
 
15           each child protection case for the duration of the
 
16           case, so that the judge so assigned may consider all
 
17           issues and preside over all hearings, trials, and other
 
18           proceedings in that case; and 
 
19      (2)  In the event judges are rotated out of child protective
 
20           case assignments, the practice of phasing the rotations
 
21           in a way that permits the judge who is to be rotated to
 
22           continue to work on the cases previously assigned to
 
23           the judge until the cases are completed.
 

 
Page 192                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1          -78  Appeals.  An interested party aggrieved by any
 
 2 order, judgment, or decree of the court may appeal as provided by
 
 3 section 571-54 and, if the order affects the custody of the child
 
 4 or effects a termination of parental rights, the appeal shall be
 
 5 accorded expedited treatment by the supreme court and be heard
 
 6 and decided at the earliest practicable time. 
 
 7          -79  Court records.  The court shall keep a record of
 
 8 all child protective proceedings under this chapter.  The written
 
 9 reports, photographs, x-rays, or other information of any nature
 
10 that are submitted to the court may be made available from the
 
11 court files to other appropriate persons, who are not parties,
 
12 only upon an order of the court after the court has determined
 
13 that access is in the best interests of the child or serves some
 
14 other legitimate purpose; provided that the department may
 
15 disclose from the departments files, without order of the court,
 
16 reports and information in the departments files, including
 
17 reports and information that are also in the court record, in
 
18 accordance with the provisions of section     -9 and related
 
19 regulations, rules, and procedures of the department.
 
20      PART VI. CIVIL AND CRIMINAL LIABILITIES AND IMMUNITIES
 
21          -80  Liabilities and penalties(a)  Any person subject
 
22 to section     -6(a) who knowingly fails to report or prevents
 
23 another person from reporting, or who knowingly fails to provide
 

 
Page 193                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 information as required by section     -6, shall be guilty of a
 
 2 misdemeanor.  
 
 3      (b)  Any person who knowingly makes an unauthorized
 
 4 disclosure of information that is confidential under section
 
 5     -9 shall be guilty of a misdemeanor. 
 
 6          -81  Immunities from liability; limitations on
 
 7 liability.  (a) Neither the department, nor any authorized
 
 8 agency, nor any approved home shall be liable to third persons
 
 9 for acts of a child solely by reason of its possessing the status
 
10 of family supervision or foster custody or being an approved home
 
11 in relation to the child. 
 
12      (b)  Anyone making a report of child abuse or neglect
 
13 pursuant to this chapter shall have immunity from any liability,
 
14 civil or criminal, by reason of the making of the report, unless
 
15 the person making the report shall have made the report in bad
 
16 faith.  Any person shall have the same immunity if the person
 
17 participates in any judicial proceeding resulting from the
 
18 report, unless the person making the report shall have made the
 
19 report in bad faith. 
 
20      (c)  No guardian ad litem who assumes a duty or
 
21 responsibility pursuant to this chapter shall be liable to any
 
22 person for any act or omission within the scope of the
 
23 individual's duty or responsibility over and above the limits of
 

 
Page 194                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 any liability insurance that is required by the courts in order
 
 2 for an individual to be appointed to perform duties as a guardian
 
 3 ad litem. 
 
 4      (d)  Neither the department nor a child placing organization
 
 5 nor a foster parent who is a permanent custodian shall be liable
 
 6 to third persons for torts or other acts of the child solely by
 
 7 reason of the department's or the child placing organization's
 
 8 status as permanent custodian of the child beyond the amount of
 
 9 $50,000 per child for any one or all torts committed by a child
 
10 in the permanent custody of the department or the child placing
 
11 organization or the permanent custodian, and the department shall
 
12 maintain insurance covering any liability of the foster parent. 
 
13      (e)  Any person who serves as a volunteer as defined in
 
14 chapter 662D to further the purposes of this chapter shall have
 
15 the liabilities and immunities provided by chapter 662D. 
 
16      (f)  Except as set forth in this section, any other
 
17 individual who assumes a duty or responsibility pursuant to this
 
18 chapter shall have immunity from civil liability for acts or
 
19 omissions occurring with the scope of the individuals duty or
 
20 responsibility but the immunity shall not extend to intentional
 
21 misconduct or to reckless behavior exhibiting indifference to the
 
22 safety or well-being of a child.  However, nothing in this
 
23 section shall limit the liability of the department, any child
 

 
Page 195                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 placing organization, any authorized services provider, any other
 
 2 state agency, or any other private organization for the conduct
 
 3 of individuals provided immunity by subsection (f).  Furthermore,
 
 4 nothing in this section shall limit the liability of any
 
 5 physician, chiropractor, psychologist, psychiatrist, counselor,
 
 6 therapist, nurse, or other healthcare provider for any acts or
 
 7 omission that they may commit in the course of providing care and
 
 8 treatment to any child in the foster custody of the department or
 
 9 otherwise. 
 
10      (g)  Members of child protective review panels and citizen
 
11 review panels shall be immune from any liability for injuries and
 
12 damages arising from the activities and investigations of the
 
13 panels and any reports they prepare.
 
14  PART VII. MONITORING AND IMPROVING THE CHILD PROTECTION SYSTEM
 
15          -85  Supervisory reviews; procedures and practices.
 
16 (a)  The department shall develop, and periodically review and
 
17 improve, internal procedures and practices to ensure:
 
18      (1)  That there is adequate and effective supervision of
 
19           social workers and other employees of the department
 
20           involved in the administration of the child protection
 
21           system; and 
 
22      (2)  That the department's decisions and social work accord
 
23           with best national practices. 
 

 
Page 196                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (b)  The department, and its social workers and other
 
 2 employees, shall engage in an ongoing process of improving their
 
 3 operations so as to:
 
 4      (1)  Eliminate unnecessary red tape; 
 
 5      (2)  Improve the reports they prepare for the court so as to
 
 6           best enable the court to reach fully informed decisions
 
 7           expeditiously; and 
 
 8      (B)  Maximize the time available to social workers to work
 
 9           directly with children and their families. 
 
10          -86  Performance and other evaluations.(a)  In
 
11 addition to the ongoing reviews of decisions of social workers
 
12 and other department employees made by their supervisors, the
 
13 department shall undertake an annual performance evaluation of
 
14 each social worker and other employee.  The performance
 
15 evaluations shall be conducted in a manner as the department
 
16 shall determine, but shall include a self-evaluation by each
 
17 employee of his or her own performance and how the employees
 
18 performance might be improved with further training, assistance,
 
19 or enhanced technology. 
 
20      (b)  Each social worker and other employees of the
 
21 department shall be encouraged periodically to submit his or her
 
22 recommendations concerning how the practices, procedures, or
 
23 operations of the department could be modified so as to better
 

 
Page 197                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 achieve the objectives of this chapter or to improve the
 
 2 efficiency of the department's operations.  The recommendations,
 
 3 that may be submitted at any time and anonymously, shall be
 
 4 presented without edit to the director of the department and to
 
 5 each citizen review panel. 
 
 6      (c)  The department shall evaluate the performance of
 
 7 authorized services providers and child placing organizations,
 
 8 and of each service or program they provide, not less frequently
 
 9 than annually and in any event not later than thirty days prior
 
10 to the date that any renewal, extension, or amendment of a
 
11 contract between the department and the person or organization is
 
12 to be considered.  The performance shall be measured against
 
13 benchmarks that the department shall establish from time to time
 
14 taking into account national standards, historical patterns,
 
15 provider suggestions, and the recommendations of any outside
 
16 consultants the department may elect to engage.  The performance
 
17 of the persons, and the effectiveness of the programs they offer
 
18 to assist families in providing safe family homes, shall be
 
19 compared by the department with the performance of other
 
20 providers of comparable services and the effectiveness of the
 
21 services and the performance evaluations shall be given
 
22 substantial weight by the department in:
 

 
 
 
Page 198                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  Determining whether to continue to contract with the
 
 2           service provider; and 
 
 3      (2)  Establishing the contractual obligations of the service
 
 4           provider for the next contract period. 
 
 5      All providers of services mandated under service plans shall
 
 6 be required under their contracts to have a person available
 
 7 during normal business hours on each working day to schedule the
 
 8 services for persons required to participate in the services
 
 9 under a service plan. 
 
10      (d)  In connection with the renewal of an approved homes
 
11 certification, each approved home licensing worker who has been
 
12 assigned to an approved home, and each social worker assigned to
 
13 a child who has been placed in the approved home since the date
 
14 of the most recent certification of the approved home, shall
 
15 submit a written evaluation of the strengths, weaknesses, and
 
16 achievements of the approved home in providing foster care.
 
17 These evaluations may be considered in deciding whether to renew
 
18 certification of the approved home, whether to identify
 
19 deficiencies in the approved home that require correction,
 
20 whether to offer or require the foster parents to have additional
 
21 training, and whether to place a particular child in the approved
 
22 home.
 

 
 
 
Page 199                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (e)  The court shall periodically consider the performance
 
 2 in all cases before the court of each guardian ad litem in
 
 3 discharging his or her responsibilities under section     -50.
 
 4 If the court at any time concludes that the guardian ad litem has
 
 5 not satisfied its obligations in a particular case, the court
 
 6 shall either:
 
 7      (1)  So advise the guardian ad litem at a hearing in the
 
 8           case that the guardian ad litems performance has been
 
 9           deficient; or 
 
10      (2)  Revoke the guardian ad litem's appointment and appoint
 
11           a replacement guardian ad litem if the action will not
 
12           significantly delay the proceedings or be contrary to
 
13           the best interests of the child.  
 
14 It shall not be grounds for reprimand or removal, however, that
 
15 the guardian ad litem is zealously urging positions that are
 
16 contrary to the views of the court so long as the guardian ad
 
17 litem believes in good faith that the positions are in the best
 
18 interests of the child.  The views of all judges who have
 
19 assigned cases to a guardian ad litem, or who have handled cases
 
20 in which the guardian ad litem has appeared, shall be sought
 
21 before the court enters into a new or extended contract with the
 
22 person. 
 

 
 
 
Page 200                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (f)  The chief justice of the supreme court is encouraged to
 
 2 seek evaluations of family court judges from the department,
 
 3 guardians ad litem, the office of the attorney general, and
 
 4 others who have appeared before the judges and to consider the
 
 5 evaluations in making decisions about which judges to assign to
 
 6 child protective cases. 
 
 7          -87  Ombudsman.  Individuals aggrieved by actions of
 
 8 the department, including family members, foster parents,
 
 9 authorized services providers, and child placing organizations,
 
10 are expressly authorized to seek a review of the matter by the
 
11 ombudsman in accordance with chapter 96.  If the ombudsman, in
 
12 its discretion, elects to investigate a matter at the request of
 
13 an aggrieved person, the ombudsman shall be entitled to obtain
 
14 any information available to the department that may relate to
 
15 the matter under investigation; provided that the information
 
16 shall be held in confidence by the ombudsman and shall not be
 
17 disclosed to the aggrieved person or any person outside the
 
18 department.  If the ombudsman concludes that the position of the
 
19 aggrieved party has merit, the ombudsman may present its views on
 
20 the matter, including any departmental action that it proposes be
 
21 undertaken, to the director of the department or to other persons
 
22 at the department as it believes to be appropriate, or as the
 
23 director shall designate for the purposes.  
 

 
Page 201                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1          -88  Information systems.  The department shall ensure
 
 2 that it has computer and other information systems in place, in
 
 3 which its employees are properly trained, that meet the
 
 4 requirement of this chapter and allow the department to perform
 
 5 its child protective services efficiently and effectively,
 
 6 including:
 
 7      (1)  The central registry required by section     -8 and the
 
 8           approved home registry required by section     -13;
 
 9      (2)  The ability of all authorized departmental workers to
 
10           access information in the registries and in the records
 
11           of the department; 
 
12      (3)  Word processing systems that allow workers to prepare
 
13           reports efficiently; and
 
14      (4)  Scheduling and reporting systems that are interfaced
 
15           with service providers and that permit the same-day
 
16           scheduling of services and the online reporting of the
 
17           participation in services and progress of individuals
 
18           in meeting the requirements of each service plan. 
 
19          -89  Child protective review panels.(a)  The
 
20 department shall establish a child protective review panel to
 
21 review each case of child abuse that involves reabuse,
 
22 hospitalization, or death of the child.  Based upon its review,
 
23 the panel shall submit a report of findings and recommendations
 

 
Page 202                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 to the director.  The department shall appoint members of the
 
 2 child protective review panel, who may include: 
 
 3      (1)  Any physician treating the child for abuse; 
 
 4      (2)  Any child protective services worker assigned to the
 
 5           case and the worker's supervisor; 
 
 6      (3)  The guardian ad litem for the child, appointed under
 
 7           section     -50, if applicable; 
 
 8      (4)  Members of the multidisciplinary team; and 
 
 9      (5)  Other child protective services workers and
 
10           supervisors. 
 
11      (b)  Members of the child protective review panel shall
 
12 serve without compensation and shall not be reimbursed for costs,
 
13 except for state employees serving within the scope of their
 
14 employment who shall receive compensation and reimbursements as
 
15 provided by law or by collective bargaining requirements. 
 
16      (c)  This section shall not be construed as interfering with
 
17 any authority of the department or the courts to remove, to
 
18 place, or to order any disposition with respect to custody of the
 
19 abused or neglected child under this chapter. 
 
20          -90  Citizen review panels.(a)  There is established
 
21 citizen review panels for the first, second, third, and fifth
 
22 circuit of the State.  Each citizen review panel shall consist of
 
23 not fewer than nine nor more than thirty members, each of whom
 

 
Page 203                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 shall be appointed by the governor for a three-year term, after
 
 2 consultation with the directors of the department, the department
 
 3 of health, and the department of education; provided that, in
 
 4 order to achieve staggered terms so that only one-third of the
 
 5 members of the panel will be appointed each year:
 
 6      (1)  One-third of the initial appointees shall be appointed
 
 7           for a one-year term;
 
 8      (2)  One-third of the initial appointees shall be appointed
 
 9           for a two-year term; and
 
10      (3)  One third of the initial appointees shall be appointed
 
11           for a three year term.
 
12 A member may be reappointed for not more than three terms.
 
13      (b)  Each citizen review panel shall be composed of members
 
14 who shall serve without compensation other than reimbursement of
 
15 reasonable travel and other expenses and are broadly
 
16 representative of the state and the circuit that they are
 
17 appointed.  Not fewer than one-third of the members of each panel
 
18 shall have expertise or experience in the prevention or treatment
 
19 of child abuse and neglect, and none of the members of the panels
 
20 shall be employees of the department.  Among the categories of
 
21 citizens that should be represented on each of the panels are:
 
22      (1)  Mandatory reporters of child abuse and neglect;
 

 
 
 
Page 204                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (2)  Adults who were involved in the child protective system
 
 2           as children;
 
 3      (3)  Children's attorneys;
 
 4      (4)  Children's advocates;
 
 5      (5)  Health and mental health professionals;
 
 6      (6)  Foster and adoptive parents; and
 
 7      (7)  Parents who have received services offered through the
 
 8           child protective system.  
 
 9      (c)  Each panel shall elect a chairperson and a recording
 
10 secretary who may be a department employee providing staff
 
11 assistance.  Each panel shall be entitled to select an individual
 
12 to serve as its panel manager to coordinate its meetings and
 
13 other activities, gather information and data, and ensure that
 
14 necessary clerical services are provided by the department or
 
15 other agencies on a timely basis.  The panel managers shall be
 
16 full-time state employees of the office of the ombudsman.  The
 
17 budget of the ombudsman shall also include reasonable amounts to
 
18 cover the orientation and training costs for panel members and
 
19 the panel managers and for other reasonable expenses incurred in
 
20 gathering information and in preparing and distributing reports.
 
21 The department shall appoint a staff member to serve as a liaison
 
22 between the department and each panel and shall provide
 
23 additional clerical and other staff assistance as the panels or
 
24 the panel managers may reasonably request. 
 

 
Page 205                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (d)  Each citizen review panel shall be entitled to examine
 
 2 the policies and procedures of state and county agencies involved
 
 3 in preventing and dealing with cases of child abuse and neglect,
 
 4 including the department, the police, and the court, and specific
 
 5 cases of abuse or neglect, including cases examined by child
 
 6 protective review panels, and shall evaluate the extent that
 
 7 these agencies are effectively discharging their child protective
 
 8 responsibilities in accordance with:
 
 9      (1)  This chapter;
 
10      (2)  The state plans; 
 
11      (3)  The federal Child Abuse Prevention and Treatment Act;
 
12      (4)  Title IV-E of the Federal Social Security Act; and 
 
13      (5)  Any other criteria that the panel considers important
 
14           to ensure the protection of children. 
 
15      (e)  In addition to discharging their general oversight
 
16 functions in accordance with subsection (d), the panels, in their
 
17 discretion, are authorized: 
 
18      (1)  To evaluate the quality, timelines, and effectiveness
 
19           of the programs and services offered for the prevention
 
20           and treatment of child abuse and neglect by state,
 
21           county, and private agencies; to evaluate the
 
22           orientation and training programs made available to
 
23           foster parents and individuals who are mandatory
 

 
Page 206                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           reporters under section     -6(a); and to make
 
 2           recommendations as appropriate for the coordination and
 
 3           improvement of programs and services; 
 
 4      (2)  To review the systems and procedures for handling
 
 5           reports of child abuse and neglect from inception
 
 6           through final disposition, including intake,
 
 7           investigation, assessment and servicing; the
 
 8           qualifications, training, experience, and workloads of
 
 9           the individuals involved in this administration of the
 
10           child protection system; the use of multidisciplinary
 
11           teams and interagency protocols; the handling of legal
 
12           proceedings, including the representation of the child
 
13           and family members; case management systems; the
 
14           collection and retention of information and the
 
15           computer systems and technology available to collect,
 
16           organize, and share information, facilitate case work,
 
17           and generate statistical information and management
 
18           reports; and
 
19      (3)  To examine and evaluate the financial and other
 
20           resources made available from all services for the
 
21           prevention and treatment of child abuse and neglect,
 
22           including a determination of the uses of budgeted
 
23           funds, an assessment of the quality and utility of the
 

 
Page 207                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           programs and services purchased with those funds, a
 
 2           review of the systems in place to monitor and assure
 
 3           the quality and utility of the programs and services
 
 4           that are provided with the funds, an evaluation of how
 
 5           best to coordinate the provision of public and private
 
 6           services, and an examination of how best to maximize
 
 7           the results achieved through the expenditures of public
 
 8           and private funds. 
 
 9      (f)  The department shall provide the members of citizen
 
10 review panels access to the records and information and staff
 
11 members as the panels may reasonably request, including
 
12 information panels may request on the handling of specific cases
 
13 of child abuse or neglect, in order to assist the panels in the
 
14 discharge of their responsibilities.  
 
15      (g)  The members of the panels and the panel managers shall
 
16 not disclose to any government official or any other person any
 
17 identifying information provided to it by the department about a
 
18 specific child protective case that has not otherwise already
 
19 been disclosed publicly and shall develop procedures and
 
20 safeguards to ensure that the information and other information
 
21 it receives is maintained in confidence except the information as
 
22 it elects to include in its public reports. 
 

 
 
 
Page 208                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (h)  Each citizen review panel shall meet not less
 
 2 frequently than quarterly, at times reasonably acceptable to all
 
 3 panel members, and panels may form subcommittees that shall meet
 
 4 at times as the members of the subcommittees shall determine.
 
 5 The four citizen review panels may share information and
 
 6 coordinate their activities to the extent they deem appropriate.
 
 7 Each panel shall make available to the Governor, the legislature,
 
 8 the department, the court in its respective circuit, the citizen
 
 9 review panels in the other circuits, the department of health,
 
10 the department of education, and to each public library in the
 
11 state, on an annual basis during the month of September of each
 
12 year commencing in the year 2001, a report containing a summary
 
13 of its activities and findings and its recommendations for
 
14 improving the state's prevention and treatment of child abuse and
 
15 neglect. 
 
16          -92  Annual public report of the department.  (a)  The
 
17 department shall submit annually to the governor, the
 
18 legislature, and each citizen review panel, by no later than
 
19 November 1 of each year commencing November 1, 2001, a public
 
20 report covering the immediately preceding five fiscal years.
 
21 Copies of the annual report shall be made available for
 
22 inspection at each public library in the state, to each member of
 
23 a citizen review panel, at the administrative offices of the
 

 
Page 209                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 department, and at a charge not to exceed $15 per copy to any
 
 2 person who requests a copy of the report by no later than
 
 3 September 1st of the year that the report is to be published. 
 
 4       (b)  The annual report shall provide, to the extent
 
 5 reasonably available to the department, the following information
 
 6 for the current fiscal year and the previous four fiscal years,
 
 7 unless a shorter period is specified:
 
 8      (1)  The number of children in the State at the beginning of
 
 9           the fiscal year and the number of children in the State
 
10           at the end of the most current fiscal year;
 
11      (2)  The number of children in the State at the beginning of
 
12           the fiscal year who were under:
 
13           (A)  Three years of age; 
 
14           (B)  Under five years of age; and 
 
15           (C)  Under nineteen years of age; 
 
16      (3)  The total number of reports of child abuse or neglect
 
17           received by the department during the fiscal year, and
 
18           the number of reports that were received from mandatory
 
19           reporters; 
 
20      (4)  The number of all reports, and the number of reports
 
21           from mandatory reporters, received during the fiscal
 
22           year that were investigated by the department or by the
 
23           police during the fiscal year, and the average and
 
24           median lengths of time taken: 
 

 
Page 210                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           (A)  Before the child was first seen by the
 
 2                investigator; and 
 
 3           (B)  To substantially complete the investigation; 
 
 4      (5)  The numbers of investigated reports that were
 
 5           confirmed, unconfirmed, and unsubstantiated during the
 
 6           fiscal year; 
 
 7      (6)  The number of confirmed reports during the fiscal year
 
 8           that involved a child, a sibling of the child, or an
 
 9           alleged perpetrator who was the subject of one or more
 
10           previous: 
 
11           (A)  Investigated reports; and 
 
12           (B)  Uninvestigated reports; 
 
13      (7)  The number of confirmed reports in the fiscal year that
 
14           involved children in each of the following age groups:
 
15           (A)  Zero through three;
 
16           (B)  Four through five;
 
17           (C)  Six through twelve; and
 
18           (D)  Thirteen through eighteen;
 
19      (8)  The total number of children who died during the fiscal
 
20           year, the total number of deaths of children in the
 
21           zero through three, four through five, six through
 
22           twelve, and thirteen through eighteen age groups, and,
 
23           of the totals, the total number of children who or
 
24           whose siblings were the subject of:
 

 
Page 211                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           (A)  Confirmed; 
 
 2           (B)  Unconfirmed; and 
 
 3           (C)  Uninvestigated,
 
 4           reports of child abuse or neglect.
 
 5      (9)  The number of reports in the fiscal year that resulted
 
 6           in a voluntary service plan, with or without the child
 
 7           being placed outside the home; 
 
 8     (10)  The number of reports during the fiscal year that
 
 9           resulted in one or more children being taken into
 
10           foster custody by the department; 
 
11     (11)  The total number of children in foster care at any time
 
12           during the fiscal year; 
 
13     (12)  The total number of children in foster care who were
 
14           returned to their family homes during the fiscal year;
 
15     (13)  The total number of children in foster care who were
 
16           adopted or placed with a permanent custodian during the
 
17           fiscal year; 
 
18     (14)  The total number of children in foster care who have
 
19           special needs and the number of children in each
 
20           special needs category; 
 
21     (15)  The total number of confirmed reports of child abuse or
 
22           neglect during the fiscal year that occurred while the
 
23           child was in the family home under family supervision;
 

 
Page 212                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1     (16)  The total number of confirmed reports of a child being
 
 2           harmed while placed outside the family home, and of the
 
 3           total, the total number of children who were harmed by:
 
 4           (A)  A member of the child's family; 
 
 5           (B)  A foster parent or an officer or employee of a
 
 6                child caring institution; 
 
 7           (C)  Another household member of an approved home; and
 
 8           (D)  Causes not involving abuse or neglect; 
 
 9     (17)  The total number of confirmed reports during the fiscal
 
10           year involving abuse or neglect of children that
 
11           occurred within one year after closure of a case
 
12           involving the same child or a sibling of the child;
 
13     (18)  The total number of families under family supervision
 
14           during the fiscal year whose cases were successfully
 
15           closed without an out-of-home placement within twelve
 
16           months; 
 
17     (19)  The total number of children placed outside the home,
 
18           whether voluntarily or involuntarily, who were placed
 
19           in one of the following permanent placements after
 
20           twelve months and twenty-four months of child removal:
 
21           (A)  Returned home;
 
22           (B)  Adoption;
 

 
 
 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           (C)  Guardianship;
 
 2           (D)  Permanent Foster Care; and
 
 3           (E)  Independent living;
 
 4     (20)  The average and median lengths of stay of children in
 
 5           foster care any time during the fiscal year; 
 
 6     (21)  The total number of children in foster care at any time
 
 7           during the fiscal year who have experienced during that
 
 8           or any previous year more than one change in placement
 
 9           after being in foster care for sixty days; and
 
10     (22)  The average and median lengths of time from termination
 
11           of parental rights to finalization of adoption of
 
12           children who are adopted following the termination.
 
13      (c)  The department shall include in the annual report a
 
14 disclosure of its annual budget and its employee complement for
 
15 each of the five most recent fiscal years, including:
 
16      (1)  Its revenues from all federal, state, local, and
 
17           private sources, broken down by categories of sources
 
18           and in the aggregate; 
 
19      (2)  Its uses of funds expended during the year; and 
 
20      (3)  The number of its employees in the aggregate and by job
 
21           category. 
 
22      (d)  The annual report shall set forth:
 

 
 
 
Page 214                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (1)  The numbers by category, of certified and provisionally
 
 2           certified foster care homes, adoptive homes, and child
 
 3           caring institutions at the beginning of each year;
 
 4      (2)  The numbers of each category of approved homes whose
 
 5           certifications lapsed without renewal during each year;
 
 6      (3)  The number of provisionally certified homes that
 
 7           received their full certification during each fiscal
 
 8           year; and
 
 9      (4)  Separately for each category of approved home, the
 
10           number of homes that had none, up to three, four to
 
11           five, or more than five foster care children at any
 
12           time during the year.
 
13      (e)  The annual report shall describe the training and
 
14 written materials provided during the fiscal year to mandatory
 
15 reporters relating to identifying cases of child abuse and
 
16 neglect and their reporting obligations. 
 
17      (f)  The annual report shall describe the types of services
 
18 that are provided to families under family supervision and to
 
19 families of children placed outside the home and present
 
20 quantitative and qualitative information concerning the
 
21 effectiveness of these services in making family homes safe for
 
22 children and in reuniting children with their families without
 
23 further instances of child abuse or neglect. 
 

 
Page 215                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (g)  The annual report shall include as appendices copies of
 
 2 all state plans then in effect. 
 
 3      (h)  The annual report shall contain additional information
 
 4 as the department determines as necessary or desirable to present
 
 5 or that may be formally requested by citizen review panels or
 
 6 legislative oversight committees.
 
 7                     PART VIII. MISCELLANEOUS
 
 8          -95  Exercise of discretion.  Nothing in this chapter
 
 9 shall be construed to preclude the court or the department from
 
10 exercising their discretion to take prompt action to protect the
 
11 health and safety of children. 
 
12          -96  Fiscal responsibility.(a)  In carrying out their
 
13 responsibilities under this chapter, the court, the department,
 
14 or other authorized agency shall provide only the care, service,
 
15 treatment, or support, or the payment for care, service,
 
16 treatment, or support, as are reasonably within the financial and
 
17 other resources made available to them for these purposes and are
 
18 authorized by law; provided that in the event the court, the
 
19 department, or other authorized agency concludes that the care,
 
20 service, treatment, or support it is able to provide falls below
 
21 minimum acceptable levels because of financial or other
 
22 constraints, or limitations imposed by law, it shall so report
 
23 annually to the legislature and seek additional resources or
 

 
Page 216                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 legal authority as will permit it to provide at least a minimally
 
 2 acceptable level of care, service, treatment, or support. 
 
 3      (b)  The department shall use reasonable efforts to ensure
 
 4 that it maximizes federal and other funds in support of its child
 
 5 protection system and in support of children and families. 
 
 6          -97  Payment for service or treatment provided to a
 
 7 party or for a child's care, support, or treatment.  Whenever a
 
 8 service or treatment is provided to a party, or whenever care,
 
 9 support, or treatment of a child is provided under this chapter,
 
10 after due notice to the persons or legal entities legally
 
11 obligated to pay for the service, treatment, care, or support of
 
12 the child, and after a hearing, the court may order that a
 
13 legally obligated person shall pay, in a manner as the court may
 
14 direct, a reasonable sum that will cover in whole or in part the
 
15 cost of the service or treatment provided to the party, or the
 
16 cost of the care, support, or treatment provided for the child.
 
17 The provisions of section 571-52 and all other remedies available
 
18 under the law shall be applicable to enforce the orders. 
 
19          -98  Mobilization of volunteers.  The department,
 
20 directly and through authorized service providers, child placing
 
21 organizations, and community groups, shall actively encourage
 
22 individuals in the community to provide their assistance on a
 
23 voluntary basis with respect to any aspect of the child
 

 
Page 217                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 protection system that they are qualified or may become qualified
 
 2 through training.  The volunteers may include individuals who are
 
 3 retired or otherwise unemployed and students at the high school
 
 4 or higher education levels. 
 
 5          -99  Cooperation.  Each department of the state shall
 
 6 render assistance and cooperation within its jurisdictional power
 
 7 to further the purposes and objectives of this chapter, and the
 
 8 department and the court shall seek cooperation and assistance
 
 9 from organizations whose objective is to protect or aid children
 
10 and families."
 
11      SECTION 2.  Section 26-14.6, Hawaii Revised Statutes, is
 
12 amended by amending subsection (f) to read as follows:
 
13      "(f)  Effective July 1, 1990, the functions, authority, and
 
14 obligations, together with the limitations imposed thereon and
 
15 the privileges and immunities conferred thereby, exercised by a
 
16 "sheriff", "sheriffs", a "sheriff's deputy", "sheriff's
 
17 deputies", a "deputy sheriff", "deputy sheriffs", or a "deputy",
 
18 under sections 21-8, 47-18, 88-51, 105-4, 134-11, 134-51,
 
19 183D-11, 187A-14, 201G-55, 201G-74, 231-25, 281-108, 281-111,
 
20 286-52, 286-52.5, 321-1, 322-6, 325-9, 325-80, 353-11, 383-71,
 
21 438-5, 445-37, 482E-4, 485-6, 501-42, 501-171, 501-218, 521-78,
 
22 578-4, 584-6, [587-33,]    -40, 603-29, 604-6.2, 606-14, 607-2,
 
23 607-4, 607-8, 633-8, 634-11, 634-12, 634-21, 634-22, 651-33,
 

 
Page 218                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 651-37, 651-51, 654-2, 655-2, 657-13, 660-16, 666-11, 666-21,
 
 2 803-23, 803-34, 803-35, 804-14, 804-18, 804-41, 805-1, 806-71,
 
 3 and 832-23 shall be exercised to the same extent by the
 
 4 department of public safety."
 
 5      SECTION 3.  Section 96-8, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "96-8 Appropriate subjects for investigation.  An
 
 8 appropriate subject for investigation is an administrative act of
 
 9 an agency [which] that might be:
 
10      (1)  Contrary to law;
 
11      (2)  Unreasonable, unfair, oppressive, or unnecessarily
 
12           discriminatory, even though in accordance with law;
 
13      (3)  Based on a mistake of fact;
 
14      (4)  Based on improper or irrelevant grounds;
 
15      (5)  Unaccompanied by an adequate statement of reasons;
 
16      (6)  Performed in an inefficient manner; [or]
 
17      (7)  Aggrieved by chapter    ; or
 
18 [(7)](8)  Otherwise erroneous.
 
19      The ombudsman may investigate to find an appropriate
 
20 remedy."
 
21      SECTION 4.  Section 321-342, Hawaii Revised Statutes, is
 
22 amended by amending the definition of "family" to read:
 

 
 
 
Page 219                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      ""Family" means:
 
 2      (1)  Each legal parent;
 
 3      (2)  The natural mother;
 
 4      (3)  The natural father;
 
 5      (4)  The adjudicated, presumed, or concerned natural father
 
 6           as defined under section 578-2;
 
 7      (5)  Each parent's spouse or former spouses;
 
 8      (6)  Each sibling or person related by consanguinity or
 
 9           marriage;
 
10      (7)  Each person residing in the same dwelling unit; and
 
11      (8)  Any other person who, or legal entity that, is a
 
12           child's legal or physical custodian or guardian, or who
 
13           is otherwise responsible for the child's care, other
 
14           than an authorized agency that assumes [such] a legal
 
15           status or relationship with the child under chapter
 
16           [587.]    ."
 
17      SECTION 5.  Section 325-101, Hawaii Revised Statutes, is
 
18 amended by amending subsection (a) to read as follows:
 
19      "(a)  The records of any person that indicate that a person
 
20 has a human immunodeficiency virus (HIV) infection, AIDS related
 
21 complex (ARC), or acquired immune deficiency syndrome (AIDS),
 
22 [which] that are held or maintained by any state agency, health
 
23 care provider or facility, physician, laboratory, clinic, blood
 

 
Page 220                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1 bank, third party payor, or any other agency, individual, or
 
 2 organization in the State shall be strictly confidential.  For
 
 3 the purposes of this part, the term "records" shall be broadly
 
 4 construed to include all communication that identifies any
 
 5 individual who has HIV infection, ARC, or AIDS.  This information
 
 6 shall not be released or made public upon subpoena or any other
 
 7 method of discovery.  Notwithstanding any other provision to the
 
 8 contrary, release of the records protected under this part shall
 
 9 be permitted under the following circumstances:
 
10      (1)  Release is made to the department of health in order
 
11           that it may comply with federal reporting requirements
 
12           imposed on the State.  The department shall ensure that
 
13           personal identifying information from these records is
 
14           protected from public disclosure;
 
15      (2)  Release is made of the records, or of specific medical
 
16           or epidemiological information contained therein, with
 
17           the prior written consent of the person or persons to
 
18           whom the records pertain;
 
19      (3)  Release is made to medical personnel in a medical
 
20           emergency only to the extent necessary to protect the
 
21           health, life, or well-being of the named party;
 
22      (4)  Release is made from a physician licensed pursuant to
 
23           chapter 453 or 460 to the department of health to
 

 
Page 221                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           inform the sexual or needle sharing contact of an HIV
 
 2           seropositive patient where:
 
 3           (A)  There is reason for the physician to believe that
 
 4                the contact is or has been at risk of HIV
 
 5                transmission as a result of the index patient
 
 6                having engaged in conduct [which] that is likely
 
 7                to transmit HIV; and
 
 8           (B)  The index patient has first been counseled by the
 
 9                physician of the need for disclosure and the
 
10                patient is unwilling to inform the contact
 
11                directly or is unwilling to consent to the
 
12                disclosure of the index patient's HIV status by
 
13                the physician or the department of health;
 
14                provided that the identity of the index patient is
 
15                not disclosed; and provided further that there is
 
16                no obligation to identify or locate any contact.
 
17                Any determination by a physician to disclose or
 
18                withhold disclosure of an index patient's sexual
 
19                contacts to the department of health pursuant to
 
20                this subsection [which] that is made in good faith
 
21                shall not be subject to penalties under this part
 
22                or otherwise subject to civil or criminal
 
23                liability for damages under the laws of the State;
 

 
Page 222                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (5)  Release is made by the department of health of medical
 
 2           or epidemiological information from the records to
 
 3           medical personnel, appropriate county and state
 
 4           agencies, blood banks, plasma centers, organ and tissue
 
 5           banks, schools, preschools, day care centers, or county
 
 6           or district courts to enforce this part and to enforce
 
 7           rules adopted by the department concerning the control
 
 8           and treatment of HIV infection, ARC, and AIDS, or to
 
 9           the sexual or needle sharing contacts of an HIV
 
10           seropositive index patient for purposes of contact
 
11           notification as provided in paragraph (4); provided
 
12           that the identity of the index patient, if known, shall
 
13           not be disclosed; provided further that release of
 
14           information under this paragraph shall only be made by
 
15           confidential communication to a designated individual
 
16           charged with compliance with this part;
 
17      (6)  Release of a child's records is made to the department
 
18           of human services for the purpose of enforcing
 
19           [chapters 350 and 587;] chapter    ;
 
20      (7)  Release of a child's records is made within the
 
21           department of human services and to child protective
 
22           services team consultants under contract to the
 
23           department of human services for the purpose of
 

 
Page 223                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           enforcing and administering [chapters 350 and 587]
 
 2           chapter     on a need to know basis pursuant to a
 
 3           written protocol to be established and implemented, in
 
 4           consultation with the director of health, by the
 
 5           director of human services;
 
 6      (8)  Release of a child's records is made by employees of
 
 7           the department of human services authorized to do so by
 
 8           the protocol established in paragraph (7) to a natural
 
 9           parent of a child who is the subject of the case when
 
10           the natural parent is a client in the case, the
 
11           guardian ad litem of the child, the court, each party
 
12           to the court proceedings, and also to an adoptive or a
 
13           prospective adoptive parent, an individual or an agency
 
14           with whom the child is placed for twenty-four hour
 
15           residential care, and medical personnel responsible for
 
16           the care or treatment of the child.  When a release is
 
17           made to a natural parent of the child, it shall be with
 
18           appropriate counseling as required by section 325-16.
 
19           In no event shall proceedings be initiated against a
 
20           child's natural parents for claims of child abuse
 
21           [under chapter 350] or harm to a child or to affect
 
22           parental rights under chapter [587]     solely on the
 
23           basis of the HIV seropositivity of a child or the
 
24           child's natural parents;
 

 
Page 224                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (9)  Release is made to the patient's health care insurer to
 
 2           obtain reimbursement for services rendered to the
 
 3           patient; provided that release shall not be made if,
 
 4           after being informed that a claim will be made to an
 
 5           insurer, the patient is afforded the opportunity to
 
 6           make the reimbursement directly and actually makes the
 
 7           reimbursement;
 
 8     (10)  Release is made by the patient's health care provider
 
 9           to another health care provider for the purpose of
 
10           continued care or treatment of the patient;
 
11     (11)  Release is made pursuant to a court order, after an in
 
12           camera review of the records, upon a showing of good
 
13           cause by the party seeking release of the records;
 
14     (12)  Disclosure by a physician, on a confidential basis, of
 
15           the identity of a person who is HIV seropositive and
 
16           who also shows evidence of tuberculosis infection, to a
 
17           person within the department of health as designated by
 
18           the director of health for purposes of evaluating the
 
19           need for or the monitoring of tuberculosis chemotherapy
 
20           for the person and the person's contacts who are at
 
21           risk of developing tuberculosis; or
 
22     (13)  Release is made for the purpose of complying with
 
23           sections 325-16.5 and 801D-4(b).  Nothing in this
 

 
Page 225                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1           section shall be construed to prohibit a victim to whom
 
 2           information is released pursuant to section 325-16.5
 
 3           from requesting the release of information by a
 
 4           physician or HIV counselor to a person with whom the
 
 5           victim shares a privileged relationship recognized by
 
 6           chapter 626; provided that prior to [such] the release,
 
 7           the person to whom the information is to be released
 
 8           shall be required to sign a notice of HIV status
 
 9           disclosure advising them of the confidentiality
 
10           provisions regarding HIV test results and the penalties
 
11           for unlawful disclosure to any person other than a
 
12           designated physician or HIV counselor.
 
13      As used in this part, unless the context requires otherwise:
 
14      "Medical emergency" means any disease-related situation that
 
15 threatens life or limb.
 
16      "Medical personnel" means any health care provider in the
 
17 State, as provided in section 323D-2, who deals directly or
 
18 indirectly with the identified patient or the patient's contacts,
 
19 and includes hospital emergency room personnel, the staff of the
 
20 communicable disease division of the department of health, and
 
21 any other department personnel as designated by the director."
 
22      SECTION 6.  Section 346-1, Hawaii Revised Statutes, is
 
23 amended by amending the definition of "abused or neglected" to
 
24 read:
 

 
Page 226                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      ""Abused or neglected" means subjected to "harm", "imminent
 
 2 harm", or "threatened harm" as defined in section [587-2.]
 
 3    -2."
 
 4      SECTION 7.  Section 346-65, Hawaii Revised Statutes, is
 
 5 amended by amending subsections (a) and (b) to read as follows:
 
 6      "(a)  The department may grant funds to a family for child
 
 7 abuse and neglect discretionary emergency assistance in
 
 8 accordance with this section.  The purpose of these grants is to
 
 9 assist children and families when an emergency situation arises
 
10 or is imminent which may cause child abuse or neglect or has
 
11 caused children and families to need assistance from the
 
12 department pursuant to chapter [587,]    , and the financial
 
13 assistance may prevent the abuse or neglect, prevent the removal
 
14 of a child from a family, or would meet the immediate needs of a
 
15 child who has been removed from a family.
 
16      (b)  Emergency assistance shall be authorized when:
 
17      (1)  A situation arises or is imminent which presents an
 
18           immediate or imminent threat of child abuse or neglect
 
19           or has caused children and families to need assistance
 
20           from the department pursuant to chapter [587;]    ;
 
21      (2)  The family is eligible for public assistance or has no
 
22           available financial resources;
 

 
 
 
Page 227                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  Financial assistance may eliminate or alleviate the
 
 2           situation and remove the immediate or imminent threat
 
 3           of child abuse or neglect; and
 
 4      (4)  No other financial resources are available from within
 
 5           the family or from other public or private source which
 
 6           could be used to eliminate or alleviate the situation."
 
 7      SECTION 8.  Section 560:5-207, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (a) to read as follows:
 
 9      "(a)  Notice of the time and place of hearing of a petition
 
10 for the appointment of a guardian of the person of a minor shall
 
11 be given by the petitioner to the minor, if the minor is fourteen
 
12 or more years of age, by personal service.  In addition, notice
 
13 of the time and place of hearing of a petition for the
 
14 appointment of a guardian of the person of a minor [is to] shall
 
15 be given by the petitioner in the manner prescribed by section
 
16 560:1-401 to:
 
17      (1)  The person who has had the principal care and custody
 
18           of the minor during the sixty days preceding the filing
 
19           of the petition;
 
20      (2)  Any living legal parent except persons whose parental
 
21           rights have been terminated pursuant to chapter 571 or
 
22           [587;]    ;
 

 
 
 
Page 228                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      (3)  Any living legal grandparent of the minor.  For good
 
 2           cause, the court may waive notice to a grandparent upon
 
 3           showing that all reasonable efforts have been made to
 
 4           ascertain the identity and address of the person or to
 
 5           effect notice, that the efforts were unsuccessful, and
 
 6           that further efforts should not be required because the
 
 7           legal grandparent has not demonstrated a reasonable
 
 8           degree of interest or concern in the minor; and
 
 9      (4)  Any guardian of the minor's property."
 
10      SECTION 9.  Section 571-2, Hawaii Revised Statutes, is
 
11 amended by amending the definition of "status offender" to read:
 
12      ""Status offender" means any child [coming] within the
 
13 family court's jurisdiction under section 571-11(2)(B), (C), or
 
14 (D).  [Such] The child [is] shall be distinguished [from (A) a]
 
15 from:
 
16      (1)  A law violator under section 571-11(1) who comes into
 
17           the family court upon allegations [such] the person has
 
18           committed an act [which] that would constitute a crime
 
19           if committed by an adult[, and (B) a]; and
 
20      (2)  A neglected child under section 571-11(2)(A) and (9)
 
21           and chapter [587.]    ."
 
22      SECTION 10.  Section 571-11, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
Page 229                                                   2977
                                     S.B. NO.           
                                                        
                                                        

 
 1      "571-11  Jurisdiction; children.  Except as otherwise
 
 2 provided in this chapter, the court shall have exclusive original
 
 3 jurisdiction in proceedings: 
 
 4      (1)  Concerning any person who is alleged to have committed
 
 5           an act prior to achieving eighteen years of age [which]
 
 6           that would constitute a violation or attempted
 
 7           violation of any federal, state, or local law or
 
 8           municipal ordinance.  Regardless of where the violation
 
 9           occurred, jurisdiction may be taken by the court of the
 
10           circuit where the person resides, is living, or is
 
11           found, or in which the offense is alleged to have
 
12           occurred[.];
 
13      (2)  Concerning any child living or found within the
 
14           circuit: 
 
15           (A)  Who is neglected as to or deprived of educational
 
16                services because of the failure of any person or
 
17                agency to exercise that degree of care for which
 
18                it is legally responsible; 
 
19           (B)  Who is beyond the control of the child's parent or
 
20                other custodian or whose behavior is injurious to
 
21                the child's own or others' welfare; 
 
22           (C)  Who is neither attending school nor receiving
 
23                educational services required by law whether
 

 
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 1                through the child's own misbehavior or
 
 2                nonattendance or otherwise; or 
 
 3           (D)  Who is in violation of curfew[.]; 
 
 4      (3)  To determine the custody of any child or appoint a
 
 5           guardian of the person of any child[.];
 
 6      (4)  For the adoption of a person under chapter 578[.];
 
 7      (5)  For the termination of parental rights under sections
 
 8           571-61 to 571-63[.];
 
 9      (6)  For judicial consent to the marriage, employment, or
 
10           enlistment of a child, when [such] the consent is
 
11           required by law[.];
 
12      (7)  For the treatment or commitment of a mentally
 
13           defective, mentally retarded, or mentally ill child[.];
 
14      (8)  Under the Interstate Compact on Juveniles under chapter
 
15           582[.];
 
16      (9)  For the protection of any child under chapter
 
17           [587.]   ; or
 
18     (10)  For a change of name as provided in section
 
19           574-5(a)(2)(C)."
 
20      SECTION 11.  Section 571-87, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "571-87  Appointment of counsel and guardian ad litem;
 
23 compensation.(a)  When it appears to a judge that a person
 

 
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 1 requesting the appointment of counsel satisfies the requirements
 
 2 of chapter 802 for determination of indigency, or the court in
 
 3 its discretion appoints counsel under chapters [587]     and 346,
 
 4 part X, or that a person requires appointment of a guardian ad
 
 5 litem, the judge shall appoint counsel or a guardian ad litem to
 
 6 represent the person at all stages of the proceedings, including
 
 7 appeal, if any.  Appointed counsel and the guardian ad litem
 
 8 shall receive reasonable compensation for necessary expenses,
 
 9 including travel, the amount [of which] that shall be determined
 
10 by the court, and fees pursuant to subsection (b).  All of these
 
11 expenses shall be certified by the court and paid upon vouchers
 
12 approved by the judiciary and warrants drawn by the comptroller.
 
13      (b)  The court shall determine the amount of reasonable
 
14 compensation to appointed counsel and guardian ad litem, based on
 
15 the rate of $40 an hour for out-of-court services, and $60 an
 
16 hour for in-court services with a maximum fee in accordance with
 
17 the following schedule:
 
18      (1)  Cases arising under chapters [587]     and 346, part X:
 
19           (A)  Predisposition.............................$1,500;
 
20           (B)  Postdisposition review hearing.............  $500;
 
21      (2)  Cases arising under chapters 560, 571, 580,
 
22           and 584.........................................$1,500.
 

 
 
 
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 1      Payments in excess of any maximum provided for under
 
 2 paragraphs (1) and (2) may be made whenever the court [in which]
 
 3 that the representation was rendered certifies that the amount of
 
 4 the excess payment is necessary to provide fair compensation and
 
 5 the payment is approved by the administrative judge of [such] the
 
 6 court."
 
 7      SECTION 12.  Section 578-1, Hawaii Revised Statutes, is
 
 8 amended as follows:
 
 9      "578-1 Who may adopt; jurisdiction; venue.  Any proper
 
10 adult person, not married, or any person married to the legal
 
11 father or mother of a minor child, or a husband and wife jointly,
 
12 may petition the family court of the circuit [in which] that the
 
13 person or persons reside or are in military service or the family
 
14 court of the circuit [in which] that the individual to be adopted
 
15 resides or was born or [in which] that a child placing
 
16 organization approved by the department of human services under
 
17 the provisions of section 346-17 having legal custody (as defined
 
18 in section 571-2) of the child is located, for leave to adopt an
 
19 individual toward whom the person or persons do not sustain the
 
20 legal relationship of parent and child and for a change of the
 
21 name of the individual.  When adoption is the goal of a permanent
 
22 plan recommended by the department of human services and ordered
 
23 pursuant to section [587-73,]    -67, the department may petition
 

 
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 1 for adoption on behalf of the proposed adoptive parents.  The
 
 2 petition shall be in [such] the form and shall include [such] the
 
 3 information and exhibits as may be prescribed by the family
 
 4 court."
 
 5      SECTION 13.  Section 578-2, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (c) to read as follows:
 
 7      "(c)  Persons as to whom consent not required or whose
 
 8 consent may be dispensed with by order of the court.
 
 9      (1)  Persons as to whom consent not required:
 
10           (A)  A parent who has deserted a child without
 
11                affording means of identification for a period of
 
12                ninety days;
 
13           (B)  A parent who has voluntarily surrendered the care
 
14                and custody of the child to another for a period
 
15                of two years;
 
16           (C)  A parent of the child in the custody of another,
 
17                if the parent for a period of at least one year
 
18                has failed to communicate with the child when able
 
19                to do so;
 
20           (D)  A parent of a child in the custody of another, if
 
21                the parent for a period of at least one year has
 
22                failed to provide for the care and support of the
 
23                child when able to do so;
 

 
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 1           (E)  A natural father who was not married to the
 
 2                child's mother at the time of the child's
 
 3                conception or birth and who does not fall within
 
 4                the provisions of subsection (a)(3), (4), or (5);
 
 5           (F)  A parent whose parental rights have been
 
 6                judicially terminated under the provisions of
 
 7                sections 571-61 to 571-63, or under the provisions
 
 8                of any other state or other law by a court or
 
 9                other agency having jurisdiction to take the
 
10                action;
 
11           (G)  A parent judicially declared mentally ill or
 
12                mentally retarded and who is found by the court to
 
13                be incapacitated from giving consent to the
 
14                adoption of the child;
 
15           (H)  Any legal guardian or legal custodian of the child
 
16                sought to be adopted, other than a parent, who has
 
17                failed to respond in writing to a request for
 
18                consent for a period of sixty days or who, after
 
19                examination of the person's written reasons for
 
20                withholding consent, is found by the court to be
 
21                withholding the person's consent unreasonably;
 
22           (I)  A parent of a child who has been in the custody of
 
23                a petitioner under this chapter for a period of at
 

 
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 1                least one year and who entered the United States
 
 2                of America as a consequence of extraordinary
 
 3                circumstances in the child's country of origin, by
 
 4                reason of which extraordinary circumstances the
 
 5                existence, identity, or whereabouts of the child's
 
 6                parents is not reasonably ascertainable or there
 
 7                is no reasonable means of obtaining suitable
 
 8                evidence of the child's identity or availability
 
 9                for adoption;
 
10           (J)  Any parent of the individual to be adopted, if the
 
11                individual is an adult eligible for adoption under
 
12                subsection (b); and
 
13           (K)  A parent whose parental and custodial duties and
 
14                rights have been divested by an award of permanent
 
15                custody pursuant to section [587-73.]    -67;
 
16           and
 
17      (2)  Persons whose consent may be dispensed with by order of
 
18           the court.  The court may dispense with the consent of
 
19           a parent who comes within subsection (a)(3), (4), or
 
20           (5) herein, upon finding that:
 
21           (A)  The petitioner is the stepfather of the child and
 
22                the child has lived with the child's legal mother
 
23                and the petitioning stepfather for a period of at
 
24                least one year;
 

 
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 1           (B)  The father is a concerned father as provided by
 
 2                subsection (a)(5), herein, and has not filed a
 
 3                petition to adopt the child, or the petition to
 
 4                adopt the child filed by the father has been
 
 5                denied; or
 
 6           (C)  The father is an adjudicated, presumed, or
 
 7                concerned father as provided by subsections
 
 8                (a)(3), (4), or (5), herein, and is not a fit and
 
 9                proper person or is not financially or otherwise
 
10                able to give the child a proper home and
 
11                education."
 
12      SECTION 14.  Section 578-14.5, Hawaii Revised Statutes, is
 
13 amended by amending subsection (c) to read as follows:
 
14      "(c)  Whenever possible, a completed form with the required
 
15 information on each natural parent shall accompany any document,
 
16 to be filed with the family court, [which] that requests the
 
17 relinquishment, termination, or divestiture of parental rights,
 
18 as provided under sections 571-61 and [587-73(b)(3),]    -67(a),
 
19 and the petition for adoption under this chapter.  If available,
 
20 a copy of the hospital or other facility's medical records under
 
21 subsection (b) shall also accompany the document to be filed in
 
22 the family court.  This copy shall not be disseminated to the
 
23 parties and shall be sealed by the family court pending
 
24 transmittal to the department of health."
 

 
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 1      SECTION 15.  Section 586-10.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "586-10.5  Reports by the department of human services.  In
 
 4 cases where there are allegations of domestic abuse involving a
 
 5 minor family or household member, the employee or appropriate
 
 6 nonjudicial agency designated by the family court to assist the
 
 7 petitioner shall report the matter to the department of human
 
 8 services, as required under [chapters 350 and 587,] chapter   ,
 
 9 and shall further notify the department of the granting of the
 
10 temporary restraining order and of the hearing date.  The
 
11 department of human services shall provide the family court with
 
12 an oral or written report of the investigation's progress on or
 
13 before the hearing date."
 
14      SECTION 16.  Section 588-2, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]588-2[]]  Definition of child sexual abuse.  For the
 
17 purpose of this chapter, "child sexual abuse" means any of the
 
18 offenses described under chapter 707, part V, when committed on a
 
19 person under the age of sixteen years or as is set forth in
 
20 paragraph (2) of the definition of harm in section [587-2.]
 
21    -2."
 
22      SECTION 17.  Section 626-1, Hawaii Revised Statues, is
 
23 amended by amending rule 505.5, subsection (d), to read as
 
24 follows:
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1      "(d)  Exceptions.  There is no privilege under this rule:
 
 2      (1)  Perjured testimony by victim.  If the victim counselor
 
 3           reasonably believes that the victim has given perjured
 
 4           testimony and a party to the proceeding has made an
 
 5           offer of proof that perjury may have been committed.
 
 6      (2)  Physical appearance and condition of victim.  In
 
 7           matters of proof concerning the physical appearance and
 
 8           condition of the victim at the time of the alleged
 
 9           crime.
 
10      (3)  Breach of duty by victim counselor or victim counseling
 
11           program.  As to a communication relevant to an issue of
 
12           breach of duty by the victim counselor or victim
 
13           counseling program to the victim.
 
14      (4)  Mandatory reporting.  To relieve victim counselors of
 
15           any duty to refuse to report child abuse or neglect
 
16           [under chapter 350,] and to refuse to provide evidence
 
17           in child abuse proceedings under chapter   , domestic
 
18           abuse under chapter 586, or abuse of a dependent adult
 
19           under part X of chapter 346[, and to refuse to provide
 
20           evidence in child abuse proceedings under chapter
 
21           587.].
 
22      (5)  Proceedings for hospitalization.  For communications
 
23           relevant to an issue in proceedings to hospitalize the
 

 
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 1           victim for mental illness or substance abuse, or in
 
 2           proceedings for the discharge or release of a victim
 
 3           previously hospitalized for mental illness or substance
 
 4           abuse.
 
 5      (6)  Examination by order of court.  If the court orders an
 
 6           examination of the physical, mental, or emotional
 
 7           condition of a victim, whether a party or a witness,
 
 8           communications made in the course thereof are not
 
 9           privileged under this rule with respect to the
 
10           particular purpose [of which] that the examination is
 
11           ordered unless the court orders otherwise.
 
12      (7)  Condition an element of claim or defense.  As to a
 
13           communication relevant to the physical, mental, or
 
14           emotional condition of the victim in any proceeding in
 
15           which the victim relies upon the condition as an
 
16           element of the victim's claim or defense or, after the
 
17           victim's death, in any proceeding [in which] that any
 
18           party relies upon the condition as an element of the
 
19           party's claim or defense.
 
20      (8)  Proceedings against the victim counselor.  In any
 
21           administrative or judicial proceeding [in which] that
 
22           the competency or practice of the victim counselor or
 
23           of the victim counseling program is at issue[,];
 

 
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 1           provided that the identifying data of the victims whose
 
 2           records are admitted into evidence shall be kept
 
 3           confidential unless waived by the victim.  The
 
 4           administrative agency, board, or commission shall close
 
 5           to the public any portion of a proceeding, as necessary
 
 6           to protect the confidentiality of the victim."
 
 7      SECTION 18.  Section 706-606.3, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (9) to read as follows:
 
 9      "(9)  In addition to the conditions of probation provided
 
10 under section 706-624, a sentence under this section shall
 
11 include that the defendant comply with the following conditions:
 
12      (a)  To participate in court approved, appropriate sex
 
13           offender assessment and treatment, that must conform to
 
14           the guidelines developed by the adult probation
 
15           division of the appropriate circuit court, until
 
16           clinically discharged; provided that the prosecuting
 
17           authority shall be provided notice and the opportunity
 
18           for a hearing prior to any treatment discontinuance
 
19           being allowed by the court or the adult probation
 
20           division; provided further that the defendant shall pay
 
21           for the cost of the assessment and treatment to the
 
22           extent that the defendant has the ability to do so; and
 
23           provided further that a lack of assessment and
 

 
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 1           treatment resources shall result in the defendant not
 
 2           being considered for the expedited sentencing program;
 
 3      (b)  To provide a written waiver of confidentiality for any
 
 4           assessment, treatment, counseling, therapy, or other
 
 5           program ordered as a condition of probation;
 
 6      (c)  To comply with all orders entered in a proceeding
 
 7           pursuant to chapter [587;]    ; and
 
 8      (d)  Any other condition deemed by the court to be
 
 9           reasonably necessary for the protection of the victim
 
10           of the sexual assault or the rehabilitation of the
 
11           defendant."
 
12      SECTION 19.  Chapters 350 and 587, Hawaii Revised Statutes,
 
13 are repealed.
 
14      SECTION 20.  It is the intent of this Act not to jeopardize
 
15 the receipt of any federal aid nor to impair the obligation of
 
16 the State or any agency thereof to the holders of any bond issued
 
17 by the State or by any state agency, and to the extent, and only
 
18 to the extent, necessary to effectuate this intent, the governor
 
19 is authorized and empowered to modify the strict provisions of
 
20 this Act, but shall promptly report any modifications with the
 
21 reasons therefor to the legislature at its next session
 
22 thereafter for review by the legislature.  Nothing contained in
 
23 this chapter shall affect the validity or the terms and
 

 
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 1 provisions of any bond heretofore issued by the State or the
 
 2 department of human services under prior law.
 
 3      SECTION 21.  All laws and parts of laws heretofore enacted
 
 4 which are in conflict with the provisions of this Act are hereby
 
 5 amended to conform herewith.  All acts passed during the regular
 
 6 session of 2000, whether enacted before or after the passage of
 
 7 this Act, shall be amended to conform to this Act, unless the
 
 8 acts specifically provide that the act relating to the "child
 
 9 protection act" is being amended.  Amendments made to sections of
 
10 the Hawaii Revised Statutes that are amended by this Act as of a
 
11 future effective date shall include amendments made after the
 
12 approval of this Act and before the effective date of the
 
13 amendments made by this Act, to the extent that the intervening
 
14 amendments may be harmonized with the amendments made by this
 
15 Act.
 
16      SECTION 22.  All rules, policies, procedures, guidelines,
 
17 and other materials adopted or developed by the department of
 
18 human services to implement provisions of the Hawaii Revised
 
19 Statutes, the substance of which are repealed or made applicable
 
20 to the child protection act by this Act, shall remain in full
 
21 force and effect until amended or repealed by the director of
 
22 human services pursuant to chapter 91, Hawaii Revised Statutes.
 

 
 
 
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 1      SECTION 23.  If any provision of this Act, or the
 
 2 application thereof to any person or circumstances is held
 
 3 invalid, the invalidity does not affect other provisions or
 
 4 applications of the Act which can be given effect without the
 
 5 invalid provision or application, and to this end the provisions
 
 6 of this Act are severable.
 
 7      SECTION 24.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 25.  This Act shall take effect on July 1, 2001.
 
10 
 
11                         INTRODUCED BY:___________________________