Hawaii-2018-SB745-Introduced

SECTION 1. Section 587A-11, Hawaii Revised Statutes, is amended to read as follows:

"§587A-11 Investigation; department powers[.]; rights of parents and guardians. (a) 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.

(b) If the department conducts an investigation or enlists the cooperation and assistance of appropriate state and federal law enforcement authorities to conduct an investigation pursuant to subsection (a), at the time of any initial face-to-face contact with the child's parent or guardian during the investigation, the department or appropriate law enforcement authority shall provide the parent or guardian with written notice that:

(1) The parent or guardian is not required to permit the department or law enforcement authority to enter the residence of the parent or guardian;

(2) The parent or guardian is not required to speak with the department or law enforcement authority at that time;

(3) The parent or guardian is entitled to seek representation of an attorney and have an attorney present when the parent or guardian is questioned by the department or law enforcement authority;

(4) Any statement made by the parent, guardian, or other family member may be used against the parent or guardian in a hearing initiated pursuant to this chapter;

(5) The representative of the department or law enforcement authority is not an attorney and cannot provide legal advice to the parent or guardian;

(6) The parent or guardian is not required to sign any document presented by the department or law enforcement authority, including but not limited to a release of claims or a service agreement, and is entitled to have an attorney review any document before the parent or guardian agrees to sign; and

(7) A failure of the parent or guardian to communicate with the department or law enforcement authority may have serious consequences, which may include the filing of a petition under this chapter and the assumption of temporary foster custody of the child by the department; therefore it is in the parent's or guardian's best interest to speak with the department or law enforcement authority or immediately seek the advice of a qualified attorney.

(c) The department or appropriate law enforcement authority shall make reasonable efforts to ensure that the notice provided to a parent or guardian under this section is written in a manner that will be understood by the parent or guardian, including but not limited to ensuring that the notice is written in a language understood by the parent or guardian.

(d) The department or appropriate law enforcement authority shall request the parent or guardian to sign and date the notice required by subsection (b) as evidence of having received the notice. If the parent or guardian refuses to sign and date the notice upon request, the department or law enforcement authority shall specifically indicate on the notice the department's or law enforcement authority's request to sign and the parent or guardian's refusal to do so. The department or law enforcement authority shall sign the notice as witness to the parent's or guardian's refusal to sign and provide the parent or guardian with a copy of the signed notice at the time of the initial face-to-face contact with the parent or guardian."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	745
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII