Bill Text: HI HB2428 | 2024 | Regular Session | Amended
Bill Title: Relating To The Child Protective Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-03-15 - The committee(s) on HHS deleted the measure from the public hearing scheduled on 03-18-24 1:00PM; CR 225 & Videoconference. [HB2428 Detail]
Download: Hawaii-2024-HB2428-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2428 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE CHILD PROTECTIVE ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 587A-4, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Exigent circumstances"
means that based on specific and articulable evidence, there is reasonable
cause to believe that immediately assuming protective custody of a child is
necessary to protect the child from serious harm that is likely to occur before
a court order can be obtained."
2.
By amending the definition of "harm" to read:
""Harm" [means damage or injury to a child's physical or psychological
health or welfare, where:
(1) The child exhibits evidence of
injury, including, but not limited to:
(A) Substantial or multiple skin
bruising;
(B) Substantial external or internal bleeding;
(C) Burn or burns;
(D) Malnutrition;
(E) Failure to thrive;
(F) Soft tissue swelling;
(G) Extreme pain;
(H) Extreme mental distress;
(I) Gross degradation;
(J) Poisoning;
(K) Fracture of any bone;
(L) Subdural hematoma; or
(M) Death;
and the injury
is not justifiably explained, or the history given concerning the condition or
death is not consistent with the degree or type of the condition or death, or
there is evidence that the condition or death may not be the result of an
accident;
(2) The child has been the victim of sexual
contact or conduct, including sexual assault; sodomy; molestation; sexual
fondling; incest; prostitution; obscene or pornographic photographing, filming,
or depiction; or other similar forms of sexual exploitation, including but not
limited to acts that constitute an offense pursuant to section 712-1202(1)(b);
(3) The child's psychological well-being has
been injured as evidenced by a substantial impairment in the child's ability to
function;
(4) The child is not provided in a timely
manner with adequate food; clothing; shelter; supervision; or psychological,
physical, or medical care;
(5) The child is provided with dangerous,
harmful, or detrimental drugs as defined in section 712-1240, except when a
child's family administers drugs to the child as directed or prescribed by a practitioner
as defined in section 712-1240; or
(6) The child has been the victim of labor
trafficking under chapter 707.] has the same meaning as "child abuse or
neglect" as defined in section 350-1."
3.
By amending the definition of "imminent harm" to read:
""Imminent harm" means that
[without intervention within the next ninety days,] there is reasonable
cause to believe that harm to the child will occur or reoccur[.] and
no reasonable efforts other than removal of the child from the family home will
adequately prevent the harm."
SECTION 2.
Section 587A-8, Hawaii Revised Statutes, is amended by amending its
title and subsection (a) to read as follows:
"[[]§587A-8[]] Protective custody by police officer [without
court order]. (a)
A police officer shall assume protective custody of a child [without
a court order and without the consent of the child's
family, if in the discretion of the police officer, the officer determines
that:
(1) The child is subject to imminent
harm while in the custody of the child's
family;
(2) The child has no parent, as defined
in this chapter, who is willing and able to provide a safe family home for the
child;
(3) The child has no caregiver, as
defined in this chapter, who is willing and able to provide a safe and
appropriate placement for the child; or
(4) The
child's parent has subjected the child to harm
or threatened harm and the parent is likely to flee with the child.]:
(1) With
the consent of the child's family;
(2) Upon
order of the court; or
(3) Without
the consent of the child's family and without a court order if, in the
discretion of the police officer, the officer determines that exigent
circumstances are present and that based on specific and articulable evidence,
there is reasonable cause to believe that immediately assuming protective
custody of a child is necessary to protect the child from serious harm that is
likely to occur before a court order can be obtained."
SECTION 3. Section 587A-9, Hawaii Revised Statutes, is
amended to read as follows:
"§587A-9 Temporary foster custody [without court
order]. (a)
[When the department receives
protective custody of a child from the police, the department shall:
(1) Assume
temporary foster custody of the child if, in the discretion of the department,
the department determines that the child is subject to imminent harm while in
the custody of the child's family;] The department shall assume temporary foster custody of a
child:
(1) With the consent of the child's family;
(2) Upon order of the court; or
(3) Without the consent of the child's family
and without a court order, upon the transfer of protective custody from a
police officer if, in the discretion of the department, the department
determines that exigent circumstances are present.
(b) When the department assumes temporary foster
custody of a child, the department shall:
[(2)] (1) Make every reasonable effort to inform the child's parents of the actions taken, unless doing so
would put another person at risk of harm;
[(3)] (2)
Unless the child is admitted to a hospital or similar institution, place
the child in emergency foster care while the department conducts an appropriate
investigation, with placement preference being given to an approved relative;
[(4)] (3)
With authorized agencies, make reasonable efforts to identify and notify
all relatives within thirty days of assuming temporary foster custody of the
child; and
[(5)] (4)
Within three days, excluding Saturdays, Sundays, and holidays:
(A) Relinquish temporary foster custody, return the child to the child's parents, and proceed pursuant to section 587A-11(4), (5), or (6);
(B) Secure a voluntary placement agreement from
the child's parents to place the child in foster care, and proceed pursuant to
section 587A-11(6) or (8); or
(C) File a temporary foster custody
petition with the court.
[(b)]
(c) Upon the request of the
department and without regard to parental consent, any physician licensed or
authorized to practice medicine in the State shall perform an examination to
determine the nature and extent of harm or threatened harm to the child under
the department's temporary foster custody."
SECTION 4. Section 587A-11, Hawaii Revised Statutes, is
amended to read as follows:
"§587A-11 Investigation; department powers. Upon receiving a report that a child is subject
to imminent harm, has been harmed, or is subject to threatened harm, and when
an assessment is required by this chapter, the department shall cause such
investigation to be made as it deems to be appropriate. In conducting the investigation, the
department may:
(1) Enlist the cooperation and assistance of
appropriate state and federal law enforcement authorities, who may conduct
an investigation and, if an investigation is conducted,
shall provide the department with all preliminary findings, including the
results of a criminal history record check of an alleged perpetrator of harm or
threatened harm to the child;
(2) Conduct a criminal history record check of an
alleged perpetrator and all adults living in the family home, with or without
consent, to ensure the safety of the child;
(3) Interview the child without the presence or
prior approval of the child's family and temporarily assume protective
custody of the child for the purpose of conducting the interview;
(4) Resolve the matter in an informal fashion that
it deems appropriate under the circumstances;
(5) Close the matter if the department finds,
after an assessment, that the child is residing with a caregiver who is willing
and able to meet the child's needs and provide a safe and appropriate
placement for the child;
(6) Immediately enter
into a service plan:
(A) To safely maintain the child in the family
home; or
(B) To place the child in voluntary foster care
pursuant to a written agreement with the child's
parent.
If
the child is placed in voluntary foster care and the family does not
successfully complete the service plan within three months after the date on
which the department assumed physical custody of the child, the department
shall file a petition. The department is
not required to file a petition if the parents agree to adoption or legal
guardianship of the child and the child's
safety is ensured; provided that the adoption or legal guardianship hearing is
conducted within six months of the date on which the department assumed
physical custody of the child;
(7) Assume temporary foster custody of the child
and file a petition with the court within three days, excluding Saturdays,
Sundays, and holidays, after the date on which the department assumes temporary
foster custody of the child, with placement preference being given to an
approved relative;
[or]
(8) File a petition or ensure that a petition is
filed by another appropriate authorized agency in court under this chapter[.];
or
(9) File a petition pursuant to section 587A-12
and seek an order for protective custody if there is reasonable cause to believe that the child is subject to
imminent harm, as follows:
(A) The
department may contemporaneously file an ex parte motion for immediate
protective custody and the court may issue an order of protective custody
without notice and without a hearing;
(B) If the court finds reasonable cause to
believe that the child is subject to imminent harm, the court shall issue a
written order that a police officer immediately take the child into protective
custody and transfer custody of the child to the department, which will then
assume temporary foster custody of the child pursuant to section 587A-8(b);
(C) If an order for protective custody is
issued under this paragraph, the court shall order that a police officer make
every reasonable effort to personally serve the child's parents and any person who has physical
custody of the child with copies of the ex parte motion and order; and
(D) After the court rules on the ex parte
motion, the case shall proceed pursuant to section 587A-12(c)."
SECTION 5.
Section 587A-21, Hawaii Revised Statutes, is amended by amending
subsection (b) to read as follows:
"(b)
In deciding [in temporary foster custody
hearings] whether there is reasonable cause to believe that a child is
subject to imminent harm for orders for protective custody or in temporary
foster custody hearings, the court may consider relevant hearsay evidence
when direct testimony is unavailable or when it is impractical to subpoena
witnesses who will be able to testify to facts based on personal knowledge."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000.
Report Title:
Child Protective Act; Exigent Circumstances; Harm; Imminent Harm; Order for Protective Custody; Protective Custody; Temporary Foster Custody
Description:
Adds a definition for "exigent circumstances" and amends the definitions of "harm" and "imminent harm". Clarifies when the police may take protective custody of a child and when the department may assume temporary foster custody of a child when exigent circumstances are present. Creates a judicial process for filing a petition for an order for protective custody, including the circumstances where such an order may be issued without notice and without a hearing. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
