RELATING TO THE DEPARTMENT OF HUMAN SERVICES.

HB312

HOUSE OF REPRESENTATIVES

H.B. NO.

312

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to the DEPARTMENT OF HUMAN SERVICES
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The legislature finds that in 2011
Connecticut passed a bill introduced by a family defense lawyer that requires a
notification of rights to be issued to families prior to a child abuse
investigative interview.
�
While most
citizens know about �Miranda rights" through police shows on television,
investigations on child abuse are not recognized by parents as having the same
requirement.
�
The result is the unknowing
waiver of those constitutional rights by parents and infringement of rights by
the investigator.
�
Arizona and Texas now
have requirements that parents be notified of their rights.
�
Further, after a lawsuit was filed over
parents' constitutional rights, New York initiated a pilot program in Brooklyn
and the Bronx to issue written notification of rights to parents who were the
subject of an allegation of child abuse or neglect.
�
Legislators in Colorado and Idaho have tried
to pass similar laws.
�
In 2023 the
Parental Rights Foundation published a model bill for all states to require
notification of rights in child abuse cases.
�
Accordingly, the purpose of this Act is to require
that parents be given a written copy of their rights when the department of
human services is conducting a child harm investigation.

����
SECTION 2.
�
Section 587A-9, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(a)
�
When the department receives protective
custody of a child from the police, the department shall:

����
(1)
�
Assume temporary
foster custody of the child 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;

����
(2)
�
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)
�
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)
�
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)
�
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),
]
587A-11(b)(4), and (c)(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)
]
587A-11(c)(6)
or
(8); or

���������
(C)
�
File a petition
with the court."

����
SECTION 3.
�
Section 587A-11, Hawaii Revised Statutes, is
amended to read as follows:

����
"�587A-11
�
Investigation;
department powers.
�
(a)
�
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
investigation to be made as it deems to be appropriate.

����
(b)
�
In conducting the investigation, the
department shall:

����
(1)
�
At the time of
the initial face-to-face contact, provide the parent with written notice of the
parent's rights.
�
Those rights shall be provided
to the parent in a document that shall be developed by the department and
include the following:

���������
(A)
�
The
parent is not required to permit the department or a police officer to enter
the residence of the parent;

���������
(B)
�
The
parent must be given the allegations prior to an interview;

���������
(C)
�
The
parent is not required to speak with the department at that time;

���������
(D)
�
The
parent has the right to record the interview;

���������
(E)
�
The parent is entitled to seek representation of an
attorney and have an attorney present when the parent is questioned by the
department;

���������
(F)
�
Any
statement made by the parent or any family member may be used against the
parent in a hearing initiated pursuant to this chapter;

���������
(G)
�
Neither
the department nor the police officer is an attorney, and neither may provide
legal advice to the parent;

���������
(H)
�
The
parent is not required to sign any document presented by the department or a police
officer, including but not limited to a release of claims or service agreement,
and is entitled to have an attorney review any document before the parent
agrees to sign; and

���������
(I)
�
A
failure of the parent to communicate with the department or a police officer
may have serious consequences, which may include the filing of a petition under
this chapter and the assumption of temporary foster custody of the child by the
department; therefore, it is in the parent's best interest to speak with the
department or immediately seek the advice of a qualified attorney;

����
(2)
�
Make reasonable
efforts to ensure that the notice provided to a parent under this subsection is
written in a manner that will be understood by the parent, including but not
limited to ensuring that the notice is written in a language understood by the
parent;

����
(3)
�
Request the
parent to sign and date the notice as evidence of having received the
notice.
�
If the parent refuses to sign
and date the notice upon request, the department shall specifically indicate on
the notice the request to sign and the parent's refusal to do so.
�
The department shall sign the notice as
witness to the parent's refusal to sign and provide the parent with a copy of
the signed notice at the time of the initial face-to-face contact with the
parent; and

����
(4)
�
Except when an
initial contact with a parent results in the immediate or same-day placement of
a child into emergency foster care, the notice provided under this subsection
shall be implemented, retained in the child's case file, and attached to a
court petition in the event of a subsequent removal to foster custody.

����
(c)
�
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;
provided that when a child is interviewed at
school, the interview shall be recorded and retained in the case file;

����
(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."

����
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.

INTRODUCED BY:

_____________________________

Report Title:

Department
of Human Services; Children; Imminent Harm; Investigation; Written Notice

Description:

Requires
the department of human services to provide written notice to a parent of the
parent's rights when conducting an investigation regarding a child who is or
may be subject to imminent harm.

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