RELATING TO AGGRAVATED CIRCUMSTANCES IN CHILD PROTECTIVE PROCEEDINGS.

SB2572

THE SENATE

S.B. NO.

2572

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:

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SECTION
1
.
�
Section 587A-4,
Hawaii Revised Statutes, is amended by amending the definition of "aggravated
circumstances" to read as follows:

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""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;

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(2)
�
The parent has
committed a felony assault that results in serious bodily injury to the child
or another child of the parent;

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(3)
�
The parent's
rights regarding a sibling of the child have been judicially terminated or
divested;

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(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;

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(5)
�
The child is an
abandoned infant;

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(6)
�
The parent has
committed sexual abuse against another child of the parent; or

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(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)."

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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;

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(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;

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(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

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(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;

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

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(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

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(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.

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(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[
;
]
.

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(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;

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

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(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;

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

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

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

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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.