Bill Text: HI SB2245 | 2024 | Regular Session | Amended

---

Bill Title: Relating To The Child Protective Act.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Enrolled) 2024-04-23 - Enrolled to Governor. [SB2245 Detail]

Download: Hawaii-2024-SB2245-Amended.html

---

THE SENATE	S.B. NO.	2245
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
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.  Section 587A-4, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Exigent circumstances" means there is reasonable cause to believe that immediately assuming protective custody and temporary foster custody of a child is necessary to protect the child from serious harm that is likely to occur before a court order can be obtained pursuant to section 587A-11(9)."

     2.  By amending the definition of "imminent harm" to read:

     ""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[.] and no reasonable efforts other than removal of the child from the family home will adequately prevent the harm."

     SECTION 2.  Section 587A-8, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

     "[[]§587A-8[]]  Protective custody by police officer [without court order].  (a)  A police officer shall assume protective custody of a child [without]:

     (1)  Upon order of the court;

     (2)  With the consent of the child's family; or

     (3)  Without a court order and without the consent of the child's family, if in the 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.] exigent circumstances are present."

     SECTION 3.  Section 587A-9, Hawaii Revised Statutes, is amended to read as follows:

     "§587A-9  Temporary foster custody [without court order].  (a)  [When the department receives protective custody of a child from the police, the] The department shall[:

     (1)  Assume] assume temporary foster custody of [the] a child:

     (1)  Upon order of the court;

     (2)  With the consent of the child's family; or

     (3)  Without a court order and without the consent of the child's family, upon the transfer of protective custody from a police officer 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;] exigent circumstances are present.

     (b)  When the department assumes temporary foster custody of a child, the department shall:

    [(2)] (1)  Make every reasonable effort to inform the child's parents of the actions taken, unless doing so would put another person at risk of harm;

    [(3)] (2)  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)] (3)  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)] (4)  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); or

          (C)  File a temporary foster custody petition with the court.

     [(b)] (c)  Upon the request of the department and without regard to parental consent, any physician licensed or authorized to practice medicine in the State shall perform an examination to determine the nature and extent of harm or threatened harm to the child under the department's temporary foster custody."

     SECTION 4.  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]

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

     (9)  File a petition pursuant to section 587A-12 and seek an order for protective custody if there is reasonable cause to believe that the child is subject to imminent harm, as follows:

          (A)  The department may contemporaneously file an ex parte motion for immediate protective custody without notice and without a hearing;

          (B)  If the court finds reasonable cause to believe that the child is subject to imminent harm, the court shall issue a written order that a police officer immediately take the child into protective custody and that the department immediately assume temporary foster custody of the child pursuant to section 587A-8(b);

          (C)  If the court issues an order for protective custody, the court shall order a police officer to make every reasonable effort to personally serve the child's parents and any person who has physical custody of the child with copies of the order and the department's ex parte motion submitted pursuant to subparagraph (A); and

          (D)  After the court rules on the ex parte motion, the case shall proceed pursuant to section 587A‑12(c)."

     SECTION 5.  Section 587A-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  In deciding [in temporary foster custody hearings] whether there is reasonable cause to believe that a child is subject to imminent harm for orders for protective custody or in temporary foster custody hearings, the court may consider relevant hearsay evidence when direct testimony is unavailable or when it is impractical to subpoena witnesses who will be able to testify to facts based on personal knowledge."

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

     SECTION 7.  This Act shall take effect on July 1, 2025.

 

 

 

Report Title:

DHS; Police Officers; Child Protective Act; Exigent Circumstances; Imminent Harm; Order for Protective Custody

 

Description:

Adds a definition for "exigent circumstances" and amends the definition of "imminent harm" under the Child Protective Act.  Authorizes the child's family to consent to protective custody or temporary foster custody of a child.  Clarifies the circumstances when police officers shall assume protective custody of a child and when the Department of Human Services shall assume temporary foster custody of a child.  Authorizes the Department of Human Services to file a petition and seek an ex parte motion for protective custody if there is reasonable cause to believe that a child is subject to imminent harm.  Takes effect 7/1/2025.  (SD1)

 

 

 

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