Bill Text: HI HB2749 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Child Protection.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced) 2024-01-26 - Referred to HUS, JHA, referral sheet 3 [HB2749 Detail]

Download: Hawaii-2024-HB2749-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2749
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to child protection.

 

 

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

 

     SECTION 1.  The legislature finds that children, parents, and child protective services suffer when children are removed unnecessarily from their homes.  Unnecessary child removals contribute to heavy caseloads in the child welfare system that make it difficult for case managers to exercise due diligence.

     Accordingly, the purpose of this Act is to reduce the number of unnecessary child removals in the State by:

     (1)  Amending the definition of "imminent harm" in the Child Protective Act to comport with case law from the Ninth Circuit Court of Appeals; and

     (2)  Clarifying the due process required for child removals, including removals by a police officer without a court order.

     SECTION 2.  Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "imminent harm" to read as follows:

     ""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.]:

     (1)  There is visible, specific, and articulable evidence at the time of contacting the family that a child is at risk of serious bodily injury or death; and

     (2)  There is no less restrictive alternative that would reasonably and sufficiently protect the child's health or safety."

     SECTION 3.  Section 587A-8, Hawaii Revised Statutes, is amended to read as follows:

     "(a)  A police officer, as a first responder, shall assume protective custody of a child without a court order and without the consent of the child's family, if in the sole 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.

     (b)  The department shall assume temporary foster custody of the child when a police officer has completed the transfer of protective custody of the child to the department as follows:

     (1)  A police officer who assumes protective custody of a child shall complete transfer of protective custody to the department by presenting physical custody of the child to the department; or

     (2)  If the child is or will be admitted to a hospital or similar institution, the police officer shall immediately complete the transfer of protective custody to the department by notifying the department and receiving an acknowledgment from the hospital or similar institution that it has been informed that the child is under the temporary foster custody of the department.

     (c)  A police officer who assumed protective custody of a child pursuant to subsection (a) shall, within twenty-four hours of assuming protective custody, submit to the department an initial written report articulating the imminent harm that the officer observed that caused the officer to reasonably believe that immediate removal of the child was necessary."

     SECTION 4.  Section 587A-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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;

     (2)  Obtain from the police officer who assumed protective custody of the child the initial police report required pursuant to section 587A-8(c);

    [(2)] (3)  Make every reasonable effort to inform the child's parents of the actions taken, including providing the parents with a copy of the initial police report, unless doing so would put another person at risk of harm;

    [(3)] (4)  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)] (5)  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)] (6)  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)] (9); or

          (C)  File a petition with the court[.] that shall include a copy of the initial police report."

     SECTION 5.  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] an 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] only if one of the following conditions is met:

          (A)  There is parental consent; or

          (B)  A court order has been issued for police to remove the child pursuant to section 587A-12(b);

     (8)  Call for police assistance to remove the child if there is evidence of imminent harm; or

    [(8)] (9)  File a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Child Welfare Services; Child Removal; Child Protective Act; Imminent Harm

 

Description:

Amends the definition of "imminent harm" in the Child Protective Act.  Clarifies the due process required for child removals, including removals by a police officer without a court order.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.