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HB1401
HOUSE OF REPRESENTATIVES
H.B. NO.
1401
THIRTY-THIRD LEGISLATURE, 2025
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:
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SECTION 1.
�
Act 144, Session Laws of Hawaii 2024, is
amended as follows:
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1.
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By amending section 3 to read:
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"SECTION
3.
�
Section 587A-9, Hawaii Revised
Statutes, is amended to read as follows:
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"
�587A-9
�
Temporary
foster custody.
�
(a)
�
The department shall
assume temporary foster custody of a child:
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(1)
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With the consent of the child's family;
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(2)
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Upon order of the court; or
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(3)
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Without the consent of
the child's family and without a court order, upon the transfer of protective
custody from a police officer if, in the discretion of the department, the
department determines that exigent circumstances are present.
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(b)
�
If the department
assumes temporary foster custody of a child, the department shall:
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(1)
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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;
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(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;
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(3)
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With authorized
agencies, make reasonable efforts to identify and notify all relatives within
thirty days of assuming temporary foster custody of the child; and
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(4)
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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)
, or (7)
;
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(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)
]
(7)
or [
(8)
]
(9)
;
or
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(C)
�
File a temporary foster custody petition with
the court.
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(c)
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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.""
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2.
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By amending section 4 to read:
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"
SECTION 4.
�
Section
587A-11, Hawaii Revised Statutes, is amended to read as follows:
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"
�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
an investigation to be made as it deems to be appropriate.
�
In conducting the investigation, the
department may:
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(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;
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(2)
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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;
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(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;
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(4)
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Interview the alleged perpetrator and all
adults living in the family home and if an interview is conducted, the
interview shall be recorded by video or audio and shall be saved in the case
file and included in any petition for removal;
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[
(4)
]
(5)
�
Resolve the matter in an informal fashion that it deems appropriate
under the circumstances;
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[
(5)
]
(6)
�
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;
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[
(6)
]
(7)
�
Immediately enter into a service plan to:
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(A)
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Safely maintain the child in the family home;
or
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(B)
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Place the child in voluntary foster care
pursuant to a written agreement with the child's parent.
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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.
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The department shall not be
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;
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[
(7)
]
(8)
�
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;
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[
(8)
]
(9)
�
File a petition or ensure that a petition is filed by another
appropriate authorized agency in court under this chapter; or
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[
(9)
]
(10)
�
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 protective custody and the court may issue an order for
protective custody without notice and without a hearing;
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(B)
�
If an ex parte motion for protective custody
is filed contemporaneously with a petition pursuant to this paragraph, the
initial reports in section 587A-18(b)(1) and (2) shall not be required at
the time the petition is filed; provided that the ex parte motion shall be
accompanied by a written declaration setting forth the facts establishing
reasonable cause to believe that a child is subject to imminent harm.
�
The initial reports required by section 587A‑18(b)(1)
and (2) shall be filed on or before the next hearing date unless required
sooner by the court;
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(C)
�
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 transfer custody of the child to the department, which will then assume
temporary foster custody of the child pursuant to section 587A-8(b);
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(D)
�
If an order for protective custody is issued
under this paragraph, the court shall order that a police officer 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 ex parte motion and order;
and
���������
(E)
�
After the court rules on the ex parte motion,
the case shall proceed pursuant to section 587A‑12(c).""
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SECTION
2.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION
3.
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This Act shall take effect on July 1,
2025.
INTRODUCED BY:
_____________________________
Report Title:
Child
Protective Act; Adult Interviews; Recording; DHS
Description:
Provides
that investigative powers of the Department of Human Services under the Child
Protective Act include interviews of adults living in the family home and the
alleged perpetrator in the; Requires DHS to record and save adult interviews
conducted as part of an investigation of a report of harm, threatened harm, or
imminent harm to a child and to include recorded adult interviews in any filed
petition for removal.
The summary description
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not legislation or evidence of legislative intent.