2009 Hawaii Code
Volume 12
TITLE 31 - FAMILY
CHAPTER 587 - CHILD PROTECTIVE ACT
§587-25 - Safe family home guidelines.

     §587-25  Safe family home guidelines.  (a)  The following guidelines shall be fully considered when determining whether the child's family is willing and able to provide the child with a safe family home:

     (1)  The current facts relating to the child which include:

         (A)  Age and vulnerability;

         (B)  Psychological, medical, and dental needs;

         (C)  Peer and family relationships and bonding abilities;

         (D)  Developmental growth and schooling;

         (E)  Current living situation;

         (F)  Fear of being in the family home; and

         (G)  Services provided the child;

     (2)  The initial and any subsequent reports of harm and threatened harm suffered by the child;

     (3)  Date(s) and reason for the child's placement out of the home, description, appropriateness, location of the placement, and who has placement responsibility;

     (4)  Historical facts relating to the alleged perpetrator and other appropriate family members who are parties which include:

         (A)  Birthplace and family of origin;

         (B)  How they were parented;

         (C)  Marital/relationship history; and

         (D)  Prior involvement in services;

     (5)  The results of psychiatric/psychological/developmental evaluations of the child, the alleged perpetrator, and other appropriate family members who are parties;

     (6)  Whether there is a history of abusive or assaultive conduct by the child's family or others who have access to the family home;

     (7)  Whether there is a history of substance abuse by the child's family or others who have access to the family home;

     (8)  Whether the alleged perpetrator(s) has acknowledged and apologized for the harm;

     (9)  Whether the non-perpetrator(s) who resides in the family home has demonstrated the ability to protect the child from further harm and to ensure that any current protective orders are enforced;

    (10)  Whether there is a support system of extended family, including adoptive and hanai relatives, and friends available to the child's family and what attempts have been made to locate and identify extended family, friends, or both;

    (11)  Whether the child's family has demonstrated an understanding and use of the recommended/court ordered services designated to effectuate a safe home for the child;

    (12)  Whether the child's family has resolved or can resolve the identified safety issues in the family home within a reasonable period of time;

    (13)  Whether the child's family has demonstrated the ability to understand and adequately parent the child especially in the areas of communication, nurturing, child development, perception of the child and meeting the child's physical and emotional needs; and

    (14)  Assessment (to include the demonstrated ability of the child's family to provide a safe family home for the child) and recommendation.

     (b)  The court shall consider the likelihood that the current situation presented by the guidelines set forth in subsection (a) will continue in the reasonably foreseeable future and the likelihood that the court will receive timely notice of any change or changes in the family's willingness and ability to provide the child with a safe family home. [L 1986, c 316, §10; am L 1992, c 190, §10; am L 2008, c 199, §6]

 

Cross References

 

  Foster children; guiding principles of department, see §587-3.

 

Case Notes

 

  Based upon statutory and regulatory mandates, the legislature created a duty flowing to children specifically identified to the department of human services as being the subject of suspected abuse; thus, the department had a duty to protect the minor under the circumstances of the case.  117 H. 262, 178 P.3d 538.