Bill Text: HI SB1530 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Family Court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [SB1530 Detail]

Download: Hawaii-2024-SB1530-Introduced.html

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THE SENATE	S.B. NO.	1530
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to family court.

 

 

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

 

     SECTION 1.  The legislature finds that the State serves as the legal custodian for thousands of children in foster care.  If a child in foster care is injured by a third party, the State will cover the child's medical costs.  However, the injured child is unable to obtain legal representation to file a tort claim seeking any additional damages, including damages for pain and suffering.  The child is effectively disenfranchised and has no independent right to counsel because the State is the child's legal custodian.

     The legislature recognizes that the Hawaii supreme court's standing committee on children in family court considered this issue and recommended the development of a tort claim policy for children in foster care.

     Accordingly, the purpose of this Act is to:

     (1)  Require certain persons to immediately report to the family court if the person has reason to believe that a child in foster custody has suffered an injury that may constitute a tort claim; and

     (2)  Establish procedures for the family court to follow when investigating a potential tort claim on behalf of a child in foster care and when determining whether to authorize the filing of a tort claim on behalf of the injured child and whether to appoint outside counsel.

     SECTION 2.  Chapter 587A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§587A-     Child injured in foster custody; reporting requirements; court procedures.  (a)  If a guardian ad litem, court-appointed special advocate, resource family, party, social worker, or attorney has reason to believe that a child in foster custody has suffered a physical, emotional, or psychological injury that may constitute a tort claim under federal or state law, the person shall immediately report the matter to the court in writing.

     (b)  Upon receiving written notice pursuant to subsection (a), the court shall immediately schedule a hearing and provide a copy of the written communication to all parties.  At the hearing, the court shall consider whether to issue an order pursuant to family court rules for a court-appointed master to investigate the potential tort claim.

     (c)  If the court issues an order for a court-appointed master, the order shall require:

     (1)  All parties to cooperate with the court-appointed master and to gather and furnish any requested records, reports, or data;

     (2)  The court-appointed master to meet and consult with outside counsel on behalf of the injured child regarding the merits of the potential tort claim;

     (3)  The court-appointed master to submit a written report to the court by a date established by the court;

     (4)  That the report submitted by the court-appointed master describe any actions taken in the case and provide recommendations regarding the merits of the potential tort claim;

     (5)  That a copy of the court-appointed master's report be submitted to all parties; and

     (6)  Any other actions the court deems necessary to assist the court-appointed master in determining the merits of the potential tort claim.

     (d)  Following the submission of the court-appointed master's report, the court shall schedule a hearing for the court to consider, after hearing from all parties and the court‑appointed master and based on the court-appointed master's report, whether:

     (1)  Further action is needed; or

     (2)  The court will issue an order authorizing the filing of a tort claim on behalf of the injured child.

     (e)  If the court issues an order authorizing the filing of a tort claim on behalf of the injured child, the court shall:

     (1)  Appoint outside counsel to represent the injured child if the court determines that the appointment is in the best interest of the child;

     (2)  Determine whether the court-appointed master should continue to serve during the tort action;

     (3)  Set periodic hearings to review the tort action; and

     (4)  Issue any other orders during the tort action that are in the best interest of the injured child."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Family Court; Minors' Foster Custody; Tort Action

 

Description:

Requires certain persons to immediately report to the family court if the person has reason to believe that a child in foster custody has suffered an injury that may constitute a tort claim.  Establishes procedures for the family court to follow when investigating a potential tort claim on behalf of a child in foster care and when determining whether to authorize the filing of a tort claim on behalf of the injured child and whether to appoint outside counsel.

 

 

 

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