2009 Hawaii Code
Volume 12
TITLE 31 - FAMILY
CHAPTER 587 - CHILD PROTECTIVE ACT
§587-40 - Reports to be submitted by the department and authorized agencies; social worker expertise.

     §587-40  Reports to be submitted by the department and authorized agencies; social worker expertise.  (a)  The department or other appropriate authorized agency shall make every reasonable effort to submit written reports, or a written explanation regarding why a report is not being submitted timely, to the court with copies to the parties or their counsel or guardian ad litem:

     (1)  Within forty-eight hours, excluding Saturdays, Sundays, and holidays, subsequent to the hour of the filing of a petition for temporary foster custody pursuant to section 587-21(b)(3);

     (2)  Upon the date of the filing of a petition pursuant to section 587-21(b)(4); and

     (3)  At least fifteen days prior to the date set for each disposition, review, permanent plan, and permanent plan review hearing, until jurisdiction is terminated, unless a different period of time is ordered by the court or the court orders that no report is required for a specific hearing; or

     (4)  Prior to or upon the date of a hearing if the report is supplemental to a report that was submitted pursuant to paragraph (1), (2), or (3).

     (b)  Report or reports pursuant to subsection (a) specifically shall:

     (1)  Assess fully all relevant prior and current information concerning each of the safe family home guidelines, as set forth in section 587-25, except for a report required for an uncontested review hearing or a permanent plan review hearing that need only assess relevant current information including, for a review hearing, the degree of the family's progress with services;

     (2)  In each proceeding, subsequent to adjudication, recommend as to whether the court should order:

         (A)  A service plan as set forth in section 587-26 or revision to the existing service plan and, if so, set forth the proposed service or revision and the pertinent number of the guidelines considered in the report, made pursuant to paragraph (1), which guideline or guidelines provide the basis for recommending the service or revision in a service plan or revised service plan; or

         (B)  A permanent plan or revision to an existing permanent plan and if it is an initial recommendation, set forth the basis for the recommendation that shall include, but not be limited to, an evaluation of each of the criteria set forth in section 587-73(a), including the written permanent plan as set forth in section 587-27; and

     (3)  Set forth recommendations as to other orders deemed to be appropriate and state the basis for recommending that the orders be entered.

     (c)  A written report pertaining to cases pending before the family court submitted by the department pursuant to subsection (a) shall be submitted to the court in its entirety, and shall include the following:

     (1)  Any report, or medical or mental health consultation, generated by a child protective services multidisciplinary team or consultant in its entirety; and

     (2)  All other relevant information on placement of the child.

     (d)  A written report submitted under this section shall be admissible and may be relied upon to the extent of its probative value in any proceeding under this chapter; provided that the person or persons who prepared the report may be subject to direct and cross-examination as to any matter in the report, unless the person is unavailable.

     (e)  A person employed by the department as a social worker in the area of child protective or child welfare services is qualified to testify as an expert in the area of social work and child protective or child welfare services. [L 1986, c 316, §17; am L 1992, c 190, §17; am L 1998, c 134, §9]

 

Case Notes

 

  Where mother argued that mother was denied due process because social worker was not available for cross-examination regarding social worker’s report submitted pursuant to this section, mother effectively waived right to cross-examine social worker.  77 H. 109, 883 P.2d 30.