2022 Hawaii Revised Statutes
Title 31. Family
587A. Child Protective Act
AND DEFINITIONS
- 587A-1 Short title.
- 587A-2 Purpose; construction.
- 587A-3 REPEALED.
- 587A-3.1 Rights of children in foster care. (a) The department or an authorized agency shall ensure, whenever possible, that a child in foster care will: (1) Live in a home, free from physical, psychological, sexual, and other abuse; (2) Receive food, shelter, and clothing; (3) Receive medical care, dental services, corrective vision care, and mental health services; (4) Be enrolled in a health insurance plan and, within forty-five days of out-of-home placement, be provided with a health assessment and recommended treatment; (5) Have regular, 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 the contact is either prohibited by court order or is deemed to be unsafe by the child's child welfare services worker, therapist, guardian ad litem, or court appointed special advocate. Withholding visitation shall not be used as punishment. If the department or authorized agency denies supervised or unsupervised visits with the child's parents or siblings: (A) If all parties, including the child, agree to the denial of the visits, the department or authorized agency shall submit a written report to the court within five working days to document the reasons why the visits are being denied; or (B) If any party, including the child, disagrees with the denial of the visits, the department or authorized agency shall file a motion for immediate review within five working days that shall include the specific reasons why visits are being denied; (6) Receive notice of court hearings, and if the child wishes to attend the hearings, the department or authorized agency shall ensure that the child is transported to the court hearings; (7) Have in-person contact with the child's assigned child welfare services worker; (8) Have the ability to exercise the child's own religious beliefs, including the refusal to attend any religious activities and services; (9) Have a personal bank account if requested and assistance in managing the child's pers
- 587A-3.5 Authority to conduct criminal history record checks without consent.
- 587A-4 Definitions.
PRE-PETITION PROCEDURES
- 587A-7 Safe family home factors.
- 587A-7.5 Safe family home factors; disability.
- 587A-8 Protective custody by police officer without court order.
- 587A-9 Temporary foster custody without court order.
- 587A-10 Relatives; foster placement.
- 587A-11 Investigation; department powers.
- 587A-12 Petition.
- 587A-13 Summons and service of summons.
- 587A-14 Notice of hearings; participation of resource family.
- 587A-15 Duties, rights, and liability of authorized agencies.
- 587A-16 Guardian ad litem.
- 587A-17 Court-appointed attorneys.
- 587A-18 Reports to be submitted by the department and authorized agencies.
- 587A-19 Testimony by department social worker.
- 587A-20 Inadmissibility of evidence in other state actions or proceedings.
- 587A-21 Admissibility of evidence; testimony by a child.
- 587A-22 Unavailability of specified privileges.
- 587A-23 Effect of oral orders.
- 587A-24 Motions to vacate or modify prior orders brought or decided upon pursuant to rule 59, Hawaii family court rules.
- 587A-25 Conduct of hearing in child protective proceedings.
- 587A-26 Temporary foster custody hearing.
- 587A-27 Service plan.
- 587A-28 Return hearing.
- 587A-29 Show cause hearing.
- 587A-30 Periodic review hearing.
- 587A-31 Permanency hearing.
- 587A-32 Permanent plan.
- 587A-33 Termination of parental rights hearing.
- 587A-34 Reinstatement of parental rights.
- 587A-35 Retention of jurisdiction.
- 587A-36 Appeal.
- 587A-37 Failure to comply with terms and conditions of an order of the court.
- 587A-38 Protective order.
- 587A-39 Notice and service of protective order.
- 587A-40 Court records.
- 587A-41 Payment for service or treatment provided to a party or for a child's care, support, or treatment.
- 587A-42 Educational, medical, dental, and recreational needs.
- 587A-43 Child protective review panel.
Case Notes
There is no relative preference in this chapter with regard to permanent placement of foster children; to the extent that the department of human services' policy directives mandate such a preference, those policies impermissibly alter this chapter and its legislative history. 132 H. 368, 322 P.3d 263 (2014).
This chapter does not require that relatives must be given preference in placing a child after the birth parents' rights have been terminated; even assuming there was a preference for relative placement, it would not supersede best interest considerations. Although placement with a relative after termination of parental rights may have certain advantages, the paramount and overriding consideration is the best interests of the child. 130 H. 486 (App.), 312 P.3d 1193 (2013).