Bill Text: HI HB798 | 2010 | Regular Session | Amended
Bill Title: Child Welfare Services; Foster Care; Hanai
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB798 Detail]
Download: Hawaii-2010-HB798-Amended.html
Report Title:
Child Welfare Services; Foster Care; Hanai
Description:
Allows rules adopted by the department of human services for the foster care licensing process to include recognition of and respect for Hawaiian culture and hanai relationships. Adds definitions for "caregiver" and "safe home" to the Child Protective Act. Clarifies that hanai relationships are available alternatives for child custody. (HB798 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
798 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CHILDREN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that over thirty per cent of children in foster care, or approximately one thousand children, are of Hawaiian ancestry and native Hawaiian communities and families have expressed concern that cultural needs are not considered as heavily as they should be in the placement of foster children.
Additionally, the federal child and family services review of Hawaii's child welfare system recommends the use of culturally sensitive and family strengthening diversion and other supportive services to improve the safety and well-being of children and families.
The purpose of this Act is to comply with the federal child and family services review's recommendations by clarifying that local customs of caring for children outside of the family home by relatives and friends and other diversion and supportive services are, where appropriate, available alternatives to the department of human services and the court assuming custody of children. This will ensure that no child is taken into custody unnecessarily and will preserve the relationships that are important to every child's well being.
SECTION 2. Section 587-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Caregiver" means an adult who is not the child's legal and physical custodian but with whom a child has been residing for at least six months with the verbal or written consent of the child's legal and physical custodian. A "caregiver" is outside the formal child welfare system, and shall not apply to situations involving voluntary placement or court order.
"Safe home" means a home, other than the family home, where a child has resided with the consent of the child's legal and physical custodian, and where a caregiver has demonstrated a willingness and ability to provide a home where the child is not subject to harm or threatened harm, as determined by the department. A "safe home" is outside the formal child welfare system, and shall not apply to situations involving voluntary placement or court order."
SECTION 3. Section 587-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Upon satisfying itself as to the course of action that should be pursued to best accord with the purpose of this chapter, the department shall:
(1) Close the matter if the department finds, after an assessment, that the child is residing with an appropriate caregiver who is willing and able to provide a safe home for the child;
[(1)] (2) Resolve the matter in an
informal fashion appropriate under the circumstances;
[(2)] (3) Seek to enter into a service
plan, without filing a petition in court, with members of the child's family
and other authorized agency as the department deems necessary to the success of
the service plan, including the member or members of the child's family who
have legal custody of the child. The service plan may include an agreement
with the child's family to voluntarily place the child in the foster custody of
the department or other authorized agency[,]; provided that
placement preference shall be given to an appropriate relative identified by
the department, or to place the child and the necessary members of the child's
family under the family supervision of the department or other authorized
agency; provided further that if a service plan is not successfully completed
within six months, the department shall file a petition or ensure that a
petition is filed by another appropriate authorized agency in court under this
chapter and the case shall be reviewed as is required by federal law;
[(3)] (4) Assume temporary foster
custody of the child pursuant to section 587-24(a) and file a petition with the
court under this chapter within three working days, excluding Saturdays,
Sundays, and holidays, after the date of the department's assumption of
temporary foster custody of the child; provided that placement preference shall
be given to an appropriate relative identified by the department; or
[(4)] (5) File a petition or [ensure
that a petition is filed by] refer the matter to another appropriate
authorized agency who may file a petition for jurisdiction of the child in
court under this chapter."
SECTION 4. Section 587-22, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A police officer shall assume protective custody of the child without a court order and without the consent of the child's family regardless of whether the child's family is absent, if in the discretion of the police officer, the child is in such circumstance or condition that the child's continuing in the custody or care of the child's family presents a situation of imminent harm to the child.
A police officer may assume protective custody of the child without a court order and without the consent of the child's family regardless of whether the child's family is absent, if in the discretion of the police officer:
(1) The child has no legal custodian or appropriate caregiver who is willing and able to provide a safe family home for the child; or
(2) There is evidence that the parent or legal guardian of the child has subjected the child to harm or threatened harm and that the parent or legal guardian is likely to flee the jurisdiction of the court with the child."
PART II
SECTION 5. The legislature finds that the Hawaiian culture has long embraced the traditional system of "hanai" which allows a person other than a child's parent to play a substantial role in the material support and upbringing of the child. In many cases, the people raising children of Hawaiian ancestry in a hanai relationship are the children's grandparents. However, due to age and economic circumstances, many caregivers in a hanai relationship are unable to satisfy the department of human services' requirements for the licensing of foster parents, resulting in children being taken into the department's custody.
SECTION 6. Section 346-17, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The department shall adopt rules pursuant to chapter 91 relating to:
(1) Standards for the organization and administration of child placing organizations;
(2) Standards of conditions, management, and competence for the care and training of minor children in child caring institutions and foster boarding homes; and
(3) Standards of
conditions and competence of operation of foster boarding homes as may be
necessary to protect the welfare of children[.];
provided that all rules of the department regarding the licensing process for foster parents or the certification process of foster family boarding homes may consider the recognition and respect of the Hawaiian culture and of hanai relationships."
SECTION 7. The department of human services shall submit a report to the legislature of its findings and recommendations, rules to be adopted, and if necessary, proposed legislation, no later than twenty days prior to the convening of the regular session of 2010.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
