Bill Text: HI SB2160 | 2016 | Regular Session | Introduced

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Bill Title: Child Protective Act; Definition; Aggravated Circumstances; Reunification

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-29 - The committee(s) on HMS deleted the measure from the public hearing scheduled on 02-02-16 1:15PM in conference room 016. [SB2160 Detail]

Download: Hawaii-2016-SB2160-Introduced.html

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THE SENATE	S.B. NO.	2160
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the child protective act.

 

 

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

 

     SECTION 1.  The legislature finds that the State's best practice policies should prioritize the immediate and continued safety and stability of foster care children, the State's most vulnerable keiki, when making decisions regarding the time frame, criteria, and justification for family placement and reunification.  While biological family bonds are respected and the goals of the department of human services, child protective services, and parents are to keep biological families intact, placement with the biological family is not always in the best interest of the foster care child, particularly in an "aggravated circumstances" case that involves a history of neglect, abandonment, physical abuse, drug use, or sexual abuse.  The ultimate concern must be for the short- and long-term care, safety, and security of the foster care child.

     The legislature further finds that judges and guardians ad litem have minimal direction pertaining to cases involving "aggravated circumstances".  Given the instances of death, re-abuse, continued abandonment, neglect, drug use, sex abuse, and human trafficking, it is necessary to clarify and specify the conditions for which biological families may no longer be considered a safe placement for a child, and the assessment of the short- and long-term safety and security of a child based on un-remedied and chronic family history and case details demands a declaration of "aggravated circumstances" on behalf of a child.

     The purpose of this Act is to:

     (1)  Recognize many of the chronic and rare variables associated with the parents of children entering foster care by specifying additional chronic or repeated circumstances where a biological family shall be considered an unsafe placement by expanding the definition of "aggravated circumstances" as used in chapter 587A, Hawaii Revised Statutes, the Child Protective Act, to better support case workers, judges, and guardians ad litem as they make decisions regarding the care of foster children; and

     (2)  Require parents to complete any court-ordered service plan before being reunited with their child.

     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;

     (5)  The child is an abandoned infant[;] or the parent has repeatedly failed to provide needed health care for the child, which has resulted in serious bodily injury to that child;

     (6)  The parent has committed sexual abuse against another child of the parent[;] or another parent of that child; [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)[.];

     (8)  The parent has been incarcerated more than once, resulting in the child's repeated placement in foster care;

     (9)  The parent has repeatedly placed the child or a sibling of the child in foster care more than once;

    (10)  The parent has previously had parental rights voluntarily or involuntarily terminated;

    (11)  The parent has failed to complete or comply with the pre-permanency plan or permanency plan requirements more than once, with consideration of the required and appropriate timelines;

    (12)  A licensed social worker, service provider, health care professional, legal guardian, physical custodian, officer of the court, foster custodian, or other licensed child care provider has reasonable cause to believe that the parent has subjected or may subject the child to repeated or severe child abuse or neglect;

    (13)  The child suffers repeated or severe abuse or neglect by the parent; or

    (14)  The parent has committed an offense of promoting prostitution as defined in section 712-1202 or sex trafficking as defined in title 22 United States Code section 7102."

     SECTION 3.  Section 587A-28, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  If the court finds that the child's physical or psychological health or welfare has been harmed or is subject to threatened harm by the acts or omissions of the child's family, the court:

     (1)  Shall enter a finding that the court has jurisdiction pursuant to section 587A-5;

     (2)  Shall enter a finding regarding whether, before the child was placed in foster care, the department made reasonable efforts to prevent or eliminate the need to remove the child from the child's family home;

     (3)  Shall enter orders:

         (A)  That the child be placed in foster custody if the court finds that the child's remaining in the family home is contrary to the welfare of the child and the child's parents are not willing and able to provide a safe family home for the child, even with the assistance of a service plan; or

         (B)  That the child be placed in family supervision if the court finds that the child's parents are willing and able to provide the child with a safe family home with the assistance of a service plan;

     (4)  Shall determine whether aggravated circumstances are present.

         (A)  If aggravated circumstances are present, the court shall:

              (i)  Conduct a permanency hearing within thirty days, and the department shall not be required to provide the child's parents with an interim service plan or interim visitation; and

             (ii)  Order the department to file, within sixty days after the court's finding that aggravated circumstances are present, a motion to terminate parental rights unless the department has documented in the safe family home factors or other written report submitted to the court a compelling reason why it is not in the best interest of the child to file a motion.

         (B)  If aggravated circumstances are not present or there is a compelling reason why it is not in the best interest of the child to file a motion to terminate parental rights, the court shall order that the department make reasonable efforts to reunify the child with the child's parents and order an appropriate service plan; provided that the child shall not be reunified with the child's parents until the child's parents have completed the service plan;

     (5)  Shall order reasonable supervised or unsupervised visits for the child and the child's family, including with the child's siblings, unless such visits are determined to be unsafe or detrimental to, and not in the best interests of, the child;

     (6)  Shall order each of the child's birth parents to complete the medical information forms and release the medical information required under section 578-14.5, to the department.  If the child's birth parents refuse to complete the forms or to release the information, the court may order the release of the information over the parents' objections;

     (7)  Shall determine whether each party understands that unless the family is willing and able to provide the child with a safe family home, even with the assistance of a service plan, within the reasonable period of time specified in the service plan, their respective parental and custodial duties and rights shall be subject to termination;

     (8)  Shall determine the child's date of entry into foster care as defined in this chapter;

     (9)  Shall set a periodic review hearing to be conducted no later than six months after the date of entry into foster care and a permanency hearing to be held no later than twelve months after the date of entry into foster care;

    (10)  Shall set a status conference, as the court deems appropriate, to be conducted no later than ninety days after the return hearing; and

    (11)  May order that:

         (A)  Any party participate in, complete, be liable for, and make every good faith effort to arrange payment for such services or treatment as are authorized by law and that are determined to be in the child's best interests;

         (B)  The child be examined by a physician, surgeon, psychiatrist, or psychologist; and

         (C)  The child receive treatment, including hospitalization or placement in other suitable facilities, as is determined to be in the child's best interests."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Child Protective Act; Definition; Aggravated Circumstances; Reunification

 

Description:

Expands the definition of "aggravated circumstances", as used in chapter 587A, Hawaii Revised Statutes, the Child Protective Act, to include situations where the parent is a repeat criminal offender of specific crimes; has been repeatedly incarcerated, resulting in the child's placement in foster care; has placed the child or a sibling of the child in foster care more than once; had parental rights voluntarily or involuntarily terminated; failed to comply with pre-permanency or permanency requirements; has physically abused or neglected the child; or has engaged in human trafficking involving the child or another child of the parent or has solicited, aided, abetted, attempted, or conspired to engage in human trafficking of the child or another child of the parent.  Requires parents to complete any court ordered service plan before being reunified with their child.

 

 

 

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