HB2096 • 2026

RELATING TO AGGRAVATED CIRCUMSTANCES IN CHILD PROTECTIVE PROCEEDINGS.

Children Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: NAKAMURA (Introduced by request of another party)
Last action: 2026-04-23
Official status: Transmitted to Governor.
Effective date: Not listed

Plain English Breakdown

The official source material does not support all details provided in the candidate explanation, such as specific timelines for hearings and motions.

Rules for Child Protective Cases

This law changes how courts can decide if there are serious issues in a child's home during child protection cases, allowing determinations at any stage before parental rights end.

What This Bill Does

Expands the Family Court’s ability to find that there are serious issues (aggravated circumstances) at any point before parental rights end, not just at specific hearings.
Includes the definition of torture from criminal law when deciding if a case involves aggravated circumstances involving child abuse.

Who It Names or Affects

Children involved in child protective proceedings
Parents whose children are part of these cases
Family Court judges and staff

Terms To Know

Aggravated circumstances: Serious issues that make a case more severe, such as abuse or neglect.
Torture: Severe physical or mental pain inflicted intentionally.

Limits and Unknowns

The bill does not specify when it will take effect.
It is unclear how this change will impact the number of cases where parental rights are terminated.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: The amendment adds new sections to Hawaii Revised Statutes Chapter 587A, defining aggravated circumstances and setting rules for court actions when such circumstances are present in child protective proceedings.

Adds a new section that requires the court to determine if aggravated circumstances exist during return hearings and sets timelines for permanency hearings and termination of parental rights motions.
Amends the definition of 'aggravated circumstances' to include specific harmful actions by parents, such as murder or serious assault of another child.
Modifies an existing section to require courts to consider whether aggravated circumstances are present when making decisions about a child's placement.

The amendment text does not specify all the details of how these new rules will be implemented in practice, such as specific procedures for evidentiary hearings or definitions of 'compelling reasons'.

HD2

Hawaii published version HD2

Plain English: The amendment adds new sections to Hawaii Revised Statutes that define aggravated circumstances in child protective proceedings and outline the actions courts must take when such circumstances are present.

Adds a new section defining 'aggravated circumstances' which includes murder, serious felony assault, termination of parental rights for siblings, torture, abandonment, sexual abuse, and being required to register as a sex offender.
Requires the court to conduct a permanency hearing within thirty days if aggravated circumstances are present and orders the department to file a motion to terminate parental rights unless there is a compelling reason not to do so.
Allows the court to consolidate an aggravated circumstances hearing with a termination of parental rights hearing at any time during the case.

The amendment text does not specify all details about how the new sections will be integrated into existing statutes, which may require further clarification or interpretation.
Some parts of the amendment are truncated and do not provide complete information.

SD1

Hawaii published version SD1

Plain English: The amendment adds new sections to Hawaii Revised Statutes Chapter 587A that define aggravated circumstances in child protective proceedings and outline specific actions the court must take if such circumstances are found.

Adds a new section defining 'aggravated circumstances' which includes murder, serious felony assault, termination of parental rights for siblings, torture, abandonment, sexual abuse, and being required to register as a sex offender.
Requires the court to conduct a permanency hearing within thirty days if aggravated circumstances are present and orders the department to file a motion to terminate parental rights unless there is a compelling reason not to do so.
Specifies that the court must make reasonable efforts to reunify the child with their parents if no aggravated circumstances or compelling reasons against termination of parental rights are found.

The exact details and implications of consolidating an aggravated circumstances hearing with a termination of parental rights hearing are not fully explained in the amendment text.
Some parts of the original section (587A-28) were truncated, so some information might be missing or unclear.

Bill History

2026-04-24 S
Received notice of passage on Final Reading in House (Hse. Com. No. 823).
2026-04-23 H
Transmitted to Governor.
2026-04-23 H
Passed Final Reading as amended in SD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Evslin excused (1).
2026-04-23 H
House agrees to Senate amendment(s).
2026-04-23 S
Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 815).
2026-04-22 H
Reconsideration of action taken on 04-16-26.
2026-04-22 H
Received notice of Senate conferees (Sen. Com. No. 719).
2026-04-21 S
Senate Conferees Appointed: San Buenaventura Chair; Rhoads Co-Chair; McKelvey.
2026-04-17 S
Received notice of disagreement (Hse. Com. No. 780).
2026-04-16 H
House disagrees with Senate amendment (s).
2026-04-14 H
Returned from Senate (Sen. Com. No. 659) in amended form (SD 1).
2026-04-14 S
Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.
2026-04-10 S
One Day Notice 04-14-26.
2026-04-10 S
Reported from JDC (Stand. Com. Rep. No. 3750) with recommendation of passage on Third Reading.
2026-04-07 S
The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.
2026-04-01 S
The committee(s) on JDC will hold a public decision making on 04-07-26 10:15AM; Conference Room 016 & Videoconference.
2026-03-30 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
2026-03-30 S
Reported from HHS (Stand. Com. Rep. No. 3334) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
2026-03-25 S
The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 3 Aye(s): Senator(s) San Buenaventura, McKelvey, Kanuha; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Keohokalole, Fevella.
2026-03-20 S
The committee(s) on HHS has scheduled a public hearing on 03-25-26 1:40PM; Conference Room 225 & Videoconference.
2026-03-12 S
Referred to HHS, JDC.
2026-03-12 S
Passed First Reading.
2026-03-12 S
Received from House (Hse. Com. No. 353).
2026-03-10 H
Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Kong, Pierick excused (2). Transmitted to Senate.
2026-03-06 H
Forty-eight (48) hours notice Tuesday, 03-10-26.
2026-03-06 H
Reported from JHA (Stand. Com. Rep. No. 1126-26) as amended in HD 2, recommending passage on Third Reading.
2026-02-25 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Cochran, Hashem, Kahaloa, Sayama, Takayama, Garcia, Shimizu; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Belatti.
2026-02-23 H
Bill scheduled to be heard by JHA on Wednesday, 02-25-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2026-02-19 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and none excused (0).
2026-02-19 H
Reported from HSH (Stand. Com. Rep. No. 530-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2026-02-10 H
The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Hartsfield, Keohokapu-Lee Loy, Takayama, Takenouchi, Garcia; Ayes with reservations: Representative(s) Alcos; Noes: none; and Excused: none.
2026-02-05 H
Bill scheduled to be heard by HSH on Tuesday, 02-10-26 9:30AM in House conference room 329 VIA VIDEOCONFERENCE.
2026-01-28 H
Referred to HSH, JHA, referral sheet 3
2026-01-26 H
Introduced and Pass First Reading.
2026-01-23 H
Pending introduction.

Official Summary Text

RELATING TO AGGRAVATED CIRCUMSTANCES IN CHILD PROTECTIVE PROCEEDINGS.
Judiciary Package; Family Courts; Child Protective Proceedings; Aggravated Circumstances Hearings
Clarifies and expands procedures for aggravated circumstances determinations in Child Protective Act proceedings. Authorizes the Family Court to make a finding of aggravated circumstances at any stage of a Child Protective Act proceeding before the termination of parental rights, rather than limiting these findings to the return hearing. Incorporates the definition of torture under the Penal Code for purposes of defining aggravated circumstances involving child torture under the Child Protective Act. (SD1)

Current Bill Text

Read the full stored bill text

HB2096

HOUSE OF REPRESENTATIVES

H.B. NO.

2096

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to aggravated circumstances in child protective proceedings
.

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 as follows:

����
""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
family
court, or another court of competent jurisdiction, has found that the

parent has tortured the child[
;
]
, as described in the offense of
torture under section 707-718; provided that a conviction for that offense
shall not be required for a court to make a finding under this paragraph;

����
(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)."

����
SECTION
2
.
�
Section
587A-28, Hawaii Revised Statutes, is amended by amending subsection (e) to read
as follows:

����
"(e)
�
If the court finds that the child's physical
or psychological health or welfare has been harmed or is subject to threatened
harm by the acts or omissions of the child's family, the court:

����
(1)
�
Shall enter a
finding that the court has jurisdiction pursuant to section 587A-5;

����
(2)
�
Shall enter a
finding regarding whether, before the child was placed in foster care, the
department made reasonable efforts to prevent or eliminate the need to remove
the child from the child's family home;

����
(3)
�
Shall enter
orders:

���������
(A)
�
That the child be
placed in foster custody if the court finds that the child's remaining in the
family home is contrary to the welfare of the child and the child's parents are
not willing and able to provide a safe family home for the child, even with the
assistance of a service plan; or

���������
(B)
�
That the child be
placed in family supervision if the court finds that the child's parents are
willing and able to provide the child with a safe family home with the
assistance of a service plan;

����
(4)
�
Shall determine
whether aggravated circumstances are present.

���������
(A)
�
If aggravated
circumstances are present, the court shall:

�������������
(i)
�
Conduct a
permanency hearing within thirty days, and the department shall not be required
to provide the child's parents with an interim service plan or interim
visitation; and

������������
(ii)
�
Order the
department to file, within sixty days after the court's finding that aggravated
circumstances are present, a motion to
terminate
parental rights unless the department has documented in the safe family home
factors or other written report submitted to the court a compelling reason why
it is not in the best interest of the child to file a motion.

���������
(B)
�
If aggravated
circumstances are not present
or there
is a compelling reason why it is not in the best interest of the child to file
a motion to terminate parental rights
, the court shall order that the
department make reasonable efforts to reunify the child with the child's
parents and order an appropriate service plan[
;
]
.

���������
(C)
�
Whether
or not the court finds that aggravated circumstances are present during the
return hearing, at any other time during the case prior to the termination of
parental rights, the court may, on its own motion or upon the motion of any
party, order an evidentiary hearing to determine whether aggravated
circumstances are present.
�
A party shall
file the motion as soon as possible but no later than twenty-one days from its
determination that aggravated circumstances exist.
�
If the court finds that aggravated
circumstances are present under this subparagraph, then all applicable portions
of subparagraphs (A) and (B) shall apply;

����
(5)
�
Shall order
reasonable supervised or unsupervised visits for the child and the child's
family, including with the child's siblings, unless such visits are determined
to be unsafe or detrimental to, and not in the best interests of, the child;

����
(6)
�
Shall order each
of the child's birth parents to complete the medical information forms and
release the medical information required under section 578-14.5, to the
department.
�
If the child's birth parents
refuse to complete the forms or to release the information, the court may order
the release of the information over the parents' objections;

����
(7)
�
Shall determine
whether each party understands that unless the family is willing and able to
provide the child with a safe family home, even with the assistance of a
service plan, within the reasonable period of time specified in the service
plan, their respective parental and custodial duties and rights shall be
subject to termination;

����
(8)
�
Shall determine
the child's date of entry into foster care as defined in this chapter;

����
(9)
�
Shall set a
periodic review hearing to be conducted no later than six months after the date
of entry into foster care and a permanency hearing to be held no later than
twelve months after the date of entry into foster care;

���
(10)
�
Shall set a status
conference, as the court deems appropriate, to be conducted no later than
ninety days after the return hearing; and

���
(11)
�
May order that:

���������
(A)
�
Any party
participate in, complete, be liable for, and make every good faith effort to
arrange payment for such services or treatment as are authorized by law and
that are determined to be in the child's best interests;

���������
(B)
�
The child be
examined by a physician, surgeon, psychiatrist, or psychologist; and

���������
(C)
�
The child receive
treatment, including hospitalization or placement in other suitable facilities,
as is determined to be in the child's best interests."

����
SECTION
3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 4.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request

Report Title:

Judiciary
Package; Family Courts; Child Protective Proceedings; Aggravated Circumstances
Hearings

Description:

Expands
the authority of the family court in child protective proceedings to find that
aggravated circumstances are present at any stage prior to the termination of
parental rights, not only at the outset of the case or the return hearing.
�
Specifies what acts of torture against a
child constitute aggravated circumstances.

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