2016 Hawaii Revised Statutes
TITLE 31. FAMILY
587A. Child Protective Act
587A-3 Guiding principles for children in foster care.

§587A-3 Guiding principles for children in foster care. (a) The department or an authorized agency, as resource family or permanent custodian, shall abide by the following guiding principles and ensure that a child in foster care:

(1) Lives in a safe and healthy home, free from physical, psychological, sexual, and other abuse;

(2) Has adequate:

(A) Food that is nutritious and healthy;

(B) Clothing;

(C) Medical care, dental and orthodontic services, and corrective vision care; and

(D) Mental health services;

(3) Has supervised or unsupervised in-person, telephone, or other forms of contact with the child's parents and siblings while the child is in foster care, unless prohibited by court order;

(4) Has in-person contact with the child's assigned child protective services worker, guardian ad litem, and if applicable, the child's probation officer;

(5) Meets with the presiding judge in the child's case;

(6) Is enrolled in a comprehensive health insurance plan and, within forty-five days of out-of-home placement, is provided with a comprehensive health assessment and treatment as recommended;

(7) May freely exercise the child's own religious beliefs, including the refusal to attend any religious activities and services;

(8) Has a personal bank account and assistance in managing the child's personal income consistent with the child's age and development, unless safety or other concerns require otherwise;

(9) Has the right to attend school and, if the child is moved during a school year, has the right to complete the school year at the same school, if practicable;

(10) Beginning at age twelve, is provided with age-appropriate life skills training and a transition plan for appropriately moving out of the foster care system, as well as written information concerning independent living programs, foster youth organizations, transitional planning services, and independent living case management programs that are available to all children in foster care who are twelve years of age or older and their resource families; and

(11) May participate in extracurricular, enrichment, cultural, and social activities; provided that the child caring institution or resource caregiver authorizes the participation in accordance with the reasonable and prudent parent standard as defined in title 42 United States Code section [675(10)(A)].

(b) Sua sponte or upon appropriate motion, the family court may issue any necessary orders to any party, including the department, department of education, or department of health, to ensure adherence to the guiding principles enumerated in subsection (a) above. [L 2010, c 135, pt of §1; am L 2016, c 133, §4]