Bill Text: HI HB2555 | 2024 | Regular Session | Introduced
Bill Title: Relating To The Child Protective Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-03-07 - Referred to HHS, JDC. [HB2555 Detail]
Download: Hawaii-2024-HB2555-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2555 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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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 by amending the definition of "aggravated circumstances" to read:
""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;
(6) The parent has
committed sexual abuse against another child of the parent; [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)[.]; or
(8) The parent has committed family violence, as defined in section 571-2, against the child, another child of the parent, or other parent."
SECTION 2. Section 587A-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The service plan shall provide:
(1) The specific steps necessary to facilitate the return of the child to a safe family home, if the proposed placement of the child is in foster care under foster custody. These specific steps shall include treatment and services that will be provided, actions completed, specific measurable and behavioral changes that must be achieved, and responsibilities assumed;
(2) Whether an ohana conference will be conducted for family finding and family group decision making;
(3) The respective responsibilities of the child, the parents, legal guardian or custodian, the department, other family members, and treatment providers, and a description and expected outcomes of the services required to achieve the permanency goal;
(4) The required frequency and types of contact between the assigned social worker, the child, and the family;
(5) The time frames during which services will be provided, actions must be completed, and responsibilities must be discharged;
(6) Notice to the parents that their failure to substantially achieve the objectives described in the service plan within the time frames established may result in termination of their parental rights;
(7) Notice to the
parents that if the child has been in foster care under the responsibility of
the department for an aggregate of fifteen out of the most recent twenty-two
months from the child's date of entry into foster care, the department is
required to file a motion to set a termination of parental rights hearing, and
the parents' failure to provide a safe family home within two years from the
date when the child was first placed under foster custody by the court, may
result in the parents' parental rights being terminated; [and]
(8) In cases of family violence, as defined in
section 571-2, an evaluation or assessment of the parents by a professional with
domestic violence training, which shall include a primary aggressor assessment
of the parents to determine the principal or most significant, but not
necessarily the first, aggressor; and
[(8)] (9) Any other terms and conditions that
the court or the authorized agency deem necessary to the success of the service
plan."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Child Protective Act; Aggravated Circumstances; Service Plan; Department of Human Services
Description:
Amends the definition of "aggravated circumstances" under the Child Protective Act. Requires a service plan to include an evaluation or assessment of parents, including a primary aggressor assessment, by a professional with domestic violence training in cases of family violence.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
