Bill Text: HI HB2533 | 2012 | Regular Session | Amended
Bill Title: Child Protective Act; Aggravated Circumstances
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-04-18 - (S) Act 028, 4/17/2012 (Gov. Msg. No. 1128). [HB2533 Detail]
Download: Hawaii-2012-HB2533-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2533 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE DEFINITION OF AGGRAVATED CIRCUMSTANCES IN THE CHILD PROTECTIVE ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. During the 2010 regular session, the legislature passed Senate Bill No. 2716, which was enacted as Act 135, Session Laws of Hawaii 2010, and codified as the Child Protective Act, chapter 587A, Hawaii Revised Statutes. Act 135 was a comprehensive update of the former Child Protective Act, chapter 587, Hawaii Revised Statutes.
The State subsequently was informed by the federal Administration for Children and Families that recent changes to the federal Child Abuse Prevention and Treatment Act needed to be incorporated into chapter 587A, Hawaii Revised Statutes. The changes to chapter 587A, Hawaii Revised Statutes, are necessary to ensure the State's compliance with the federal Child Abuse Prevention and Treatment Act as well as with the state plan under Title IV-E of the Social Security Act.
The purpose of this Act is to ensure that Hawaii remains eligible for approximately $40,000,000 in Title IV-E and $140,000 in Child Abuse Prevention and Treatment Act annual federal funding to support the State's child welfare services program by making amendments to the state's Child Protective Act that conform to the Federal Child Abuse Prevention and Treatment Act, as well as the state plan under Title IV-E of the Social Security Act.
SECTION 2. Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "aggravated circumstances" to read as follows:
""Aggravated circumstances" means that:
(1) The parent has murdered, or has solicited, aided, abetted, attempted, or conspired to commit the murder or voluntary manslaughter of, another child of the parent;
(2) The parent has committed a felony assault that results in serious bodily injury to the child or another child of the parent;
(3) The parent's rights regarding a sibling of the child have been judicially terminated or divested;
(4) The parent has tortured the child; [or]
(5) The child is an abandoned infant[.];
(6) The parent has committed sexual abuse against another child of the parent; or
(7) The parent is required to register with a sex offender registry under section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, title 42 United States Code section 16913(a)."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Child Protective Act; Aggravated Circumstances
Description:
Amends the definition of "aggravated circumstances" in chapter 587A, Hawaii Revised Statutes, to make it consistent with the federal Child Abuse Prevention and Treatment Act and the state plan under Title IV-E of the Social Security Act. (HB2533 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
