Report Title:

Child Protective Review Panel; Removal Review

Description:

Requires that the child protective review panel review proceedings taken prior to the issuance of a court order upon the request by the child's family and makes decision available to court in any subsequent proceedings. Adds persons who represent family interests to those who may be appointed to review panel. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

938

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

Relating to child protective services.

 

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

SECTION 1. Section 587-88, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) The department shall establish a child protective review panel to review each case of serious abuse. Upon the request of the child's family, the panel shall also review child protective proceedings taken prior to or without a court order, where the child's family believes that the child was wrongfully removed from the family home. Based upon its review, the panel shall submit a report of findings and recommendations to the director. The department shall appoint members of the child protective review panel who may include, but not be limited to:

(1) Any physician treating the child for abuse;

(2) Any child protective services worker assigned to the case and the worker's supervisor;

(3) The guardian ad litem for the child, appointed under section 587-34, if applicable;

(4) The members of the child's multidisciplinary team or child protective services consultant; [and]

(5) An individual who represents the interests of the family; and

[(5)] (6) Other child protective services workers and supervisors."

2. By amending subsection (d) to read:

"(d) This section shall not be construed as interfering with any authority of the department or the courts to remove, to place, or to order any disposition on custody of the abused child under this chapter[.]; provided that any decision related to a review initiated by a child's family under this section shall be made available to the court in subsequent child protective services proceedings. For purposes of this section, the child's family members shall include immediate family members including parents, grandparents, and adult siblings."

SECTION 2. This Act shall apply to any action taken after its effective date by the department of human services with respect to child protective services.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2020.