reglab/housing_qa huggingface dataset:
HI Rev Stat § 587A-9 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-9 Temporary foster custody without court order.

  §587A-9 Temporary foster custody without court order. (a) When the department receives protective custody of a child from the police, the department shall:  (1) Assume temporary foster custody of the child if, in the discretion of the department, the department determines that the child is subject to imminent harm while in the custody of the child's family;  (2) Make every reasonable effort to inform the child's parents of the actions taken, unless doing so would put another person at risk of harm;  (3) Unless the child is admitted to a hospital or similar institution, place the child in emergency foster care while the department conducts an appropriate investigation, with placement preference being given to an approved relative;  (4) With authorized agencies, make reasonable efforts to identify and notify all relatives within thirty days of assuming temporary foster custody of the child; and  (5) Within three days, excluding Saturdays, Sundays, and holidays:  (A) Relinquish temporary foster custody, return the child to the child's parents, and proceed pursuant to section 587A-11(4), (5), or (6);  (B) Secure a voluntary placement agreement from the child's parents to place the child in foster care, and proceed pursuant to section 587A-11(6) or (8); or  (C) File a petition with the court.  (b) Upon the request of the department and without regard to parental consent, any physician licensed or authorized to practice medicine in the State shall perform an examination to determine the nature and extent of harm or threatened harm to the child under the department's temporary foster custody. [L 2010, c 135, pt of §1; am L 2016, c 96, §3] Case Notes  Cited: 132 H. 368, 322 P.3d 263 (2014).
HI Rev Stat § 587A-10 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-10 Relatives; foster placement.

  §587A-10 Relatives; foster placement. (a) The department shall provide the child's relative an application to be the child's resource family within fifteen days of the relative's request to provide foster placement for the child. If the application is submitted and denied, the department shall provide the applicant with the specific reasons for the denial and an explanation of the procedures for an administrative appeal.  (b) The department and authorized agencies shall make reasonable efforts to identify and notify all relatives of the child within thirty days after assuming foster custody of the child. [L 2010, c 135, pt of §1] Case Notes  Sections 587A-2 and 587A-7 and this section do not contain an explicit or mandatory preference in favor of relative placements at all stages of a case. 130 H. 486 (App.), 312 P.3d 1193 (2013).
HI Rev Stat § 587A-11 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-11 Investigation; department powers.

  §587A-11 Investigation; department powers. Upon receiving a report that a child is subject to imminent harm, has been harmed, or is subject to threatened harm, and when an assessment is required by this chapter, the department shall cause such investigation to be made as it deems to be appropriate. In conducting the investigation, the department may:  (1) Enlist the cooperation and assistance of appropriate state and federal law enforcement authorities, who may conduct an investigation and, if an investigation is conducted, shall provide the department with all preliminary findings, including the results of a criminal history record check of an alleged perpetrator of harm or threatened harm to the child;  (2) Conduct a criminal history record check of an alleged perpetrator and all adults living in the family home, with or without consent, to ensure the safety of the child;  (3) Interview the child without the presence or prior approval of the child's family and temporarily assume protective custody of the child for the purpose of conducting the interview;  (4) Resolve the matter in an informal fashion that it deems appropriate under the circumstances;  (5) Close the matter if the department finds, after an assessment, that the child is residing with a caregiver who is willing and able to meet the child's needs and provide a safe and appropriate placement for the child;  (6) Immediately enter into a service plan:  (A) To safely maintain the child in the family home; or  (B) To place the child in voluntary foster care pursuant to a written agreement with the child's parent.  If the child is placed in voluntary foster care and the family does not successfully complete the service plan within three months after the date on which the department assumed physical custody of the child, the department shall file a petition. The department is not required to file a petition if the parents agree to adoption or legal guardianship of the child and the child's safety is ensured; provided that the adoption or legal guardianship hearing is conducted within six months of the date on which the department assumed physical custody of the child;  (7) Assume temporary foster custody of the child and file a petition with the court within three days, excluding Saturdays, Sundays, and holidays, after the date on which the department assumes temporary foster custody of the child, with placement preference being given to an approved relative; or  (8) File a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter. [L 2010, c 135, pt of §1; am L 2016, c 96, §4] Case Notes  Cited: 132 H. 368, 322 P.3d 263 (2014).
HI Rev Stat § 587A-12 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-12 Petition.

 §587A-12 Petition. (a) A petition invoking the jurisdiction of the court under this chapter shall:  (1) Be verified and set forth:  (A) A concise statement of the basis for each allegation of harm or threatened harm that brings a child within this chapter;  (B) The name, birth date, gender, and residential address of the child;  (C) The names and last known residential addresses of the parents and other persons to be made parties to the proceedings under this chapter; and  (D) Whether the child is under the temporary foster custody or foster custody of the department and, if so, the date on which the department assumed physical custody of the child;   (2) State whether any of the facts required by this section cannot be determined prior to filing the petition; provided that the petition may be based on information and belief, but shall state the basis thereof; and  (3) Include the warning that, if the petition is granted, parental rights may be terminated unless the family is willing and able, with the assistance of a service plan, to provide the child with a safe family home within a reasonable period of time.  (b) If the court determines that the child is subject to imminent harm while in the custody of the child's family, the court shall order that a police officer immediately take the child into protective custody and that the department immediately assume temporary foster custody of the child.  (c) The court shall conduct:  (1) A temporary foster custody hearing, pursuant to section 587A-26, within two days after the petition is filed, excluding Saturdays, Sundays, and holidays; or  (2) A return hearing, pursuant to section 587A-28, within fifteen days after the petition is filed or the date a decision is announced by the court during a temporary foster custody hearing, if the petition requests foster custody or family supervision of the child.  (d) The court may adopt rules concerning the titles, filing, investigation, and form and content of petitions and other pleadings and proceedings in cases under this chapter, or any other matter arising in child protective proceedings. [L 2010, c 135, pt of §1]
HI Rev Stat § 587A-13 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-13 Summons and service of summons.

  §587A-13 Summons and service of summons. (a) After a petition has been filed, the court shall issue a summons requiring the presence of the parents and other persons to be parties to the proceeding except the child, as follows:  (1) A copy of the petition shall be attached to each summons;  (2) The summons shall notify the parties of their right to retain and be represented by counsel; and  (3) The summons shall state: "YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS CONCERNING THE CHILD OR CHILDREN WHO ARE THE SUBJECT OF THE ATTACHED PETITION MAY BE TERMINATED IF YOU FAIL TO APPEAR ON THE DATE SET FORTH IN THIS SUMMONS."  (b) The court may issue a summons to a parent or any person having physical custody of the child to bring the child before the court at the temporary foster custody hearing or the return hearing.  (c) The sheriff or other authorized person shall serve the summons by personally delivering a certified copy to the person or legal entity being summoned. A return on the summons shall be filed, showing the date and time and to whom service was made; provided that:  (1) If the party to be served does not reside in the State, service shall be made by registered or certified mail addressed to the party's last known address; or  (2) If the court finds that it is impracticable to personally serve the summons, the court may order service by registered or certified mail addressed to the party's last known address, or by publication, or both. When publication is used, the summons shall be published once a week for four consecutive weeks in a newspaper of general circulation in the county in which the party was last known to have resided. In the order for publication of the summons, the court shall designate the publishing newspaper and shall set the date of the last publication at no less than twenty-one days before the return date. Such publication shall have the same force and effect as personal service of the summons.  (d) The petitioner shall notify the child of a hearing under this section no less than twenty-four hours prior to the time set for a temporary foster custody hearing, or no less than forty-eight hours prior to the time set for any other hearing.  (e) Service shall be completed no less than twenty-four hours prior to the time set forth in the summons for a temporary foster custody hearing, or no less than forty-eight hours prior to the time set forth in the summons for any other hearing, unless the party was present when ordered by the court to appear at the hearing.  (f) The court may issue a warrant for the appearance of a person or child, as well as issue an order pursuant to section 587A-16(b), if:  (1) The summons cannot be personally served;  (2) The person served fails to obey the summons;  (3) The court finds that service will not be effective; or  (4) The court finds that the best interests of the child require that the child be brought into the custody of the court. [L 2010, c 135, pt of §1; am L 2014, c 36, §1]
HI Rev Stat § 587A-14 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-14 Notice of hearings; participation of resource family.

  §587A-14 Notice of hearings; participation of resource family. (a) Notice of hearings shall be served on the parties; provided that no further notice is required for any party who defaulted or was given actual notice of a hearing while present in court. Notice of hearings shall be served no less than forty-eight hours before the scheduled hearing, subject to a shortening of time as ordered by the court.  (b) The child's current resource family shall be served written notice of hearings no less than forty-eight hours before a scheduled hearing; provided that no further notice shall be provided to a resource family that was given actual notice of a hearing while present in court, subject to a shortening of time as ordered by the court.  (c) No hearing shall be held until the child, the child's current resource family, and all other parties are given notice of the hearing or are served, as required by this section.  (d) The child's current resource family is entitled to participate in the proceedings to provide information to the court, either in person or in writing, concerning the current status of the child in their care.  (e) The court may not convene a hearing under this chapter unless the court enters a finding that each of the parties required to be notified of the hearing has been served with a copy of the petition; provided that if a party is required to be summoned to a temporary foster custody or return hearing and has not been served with the summons, the court may proceed with the hearing if:  (1) A reasonable effort has been made to effect personal service;  (2) It would not be in the best interests of the child to postpone the proceeding until service can be effectuated; and  (3) The child is represented by a guardian ad litem or counsel.  (f) For purposes of this section, "party" or "parties" shall include the current foster parents. [L 2010, c 135, pt of §1]
HI Rev Stat § 587A-17 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-17 Court-appointed attorneys.

  §587A-17 Court-appointed attorneys. (a) The court may appoint an attorney to represent a legal parent who is indigent based on court-established guidelines. The court may also appoint an attorney to represent another indigent party based on court-established guidelines, if it is deemed to be in the child's best interest. Attorneys who are appointed by the court to represent indigent legal parents and other indigent qualifying parties may be paid by the court, unless the legal parent or party for whom counsel is appointed has an independent estate sufficient to pay such fees and costs. The court may order the appropriate legal parent or party to pay or reimburse the fees and costs of an attorney appointed for the child or incapacitated adult.  (b) Unless otherwise ordered by the court, the attorney for an incapacitated adult shall take instructions from the incapacitated adult's guardian ad litem. [L 2010, c 135, pt of §1] Case Notes  Indigent parents are guaranteed the right to court-appointed counsel in termination proceedings under the due process clause in article I, §5 of the Hawaii constitution. Trial courts must appoint counsel for indigent parents upon the granting of a petition to the department of human services for temporary foster custody of their children. 131 H. 419, 319 P.3d 338 (2014).  Where the family court did not appoint counsel for petitioner until more than nineteen months after petitioner's son entered foster custody, and only five months prior to the hearing that ultimately terminated petitioner's parental rights, the family court abused its discretion in failing to appoint counsel earlier in the proceedings. 131 H. 419, 319 P.3d 338 (2014).
HI Rev Stat § 587A-18 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-18 Reports to be submitted by the department and authorized agencies.

  §587A-18 Reports to be submitted by the department and authorized agencies. (a) Unless otherwise ordered by the court, the department or other authorized agencies shall file written reports with the court:  (1) Concurrent with the filing of a petition invoking the jurisdiction of the court under this chapter; and  (2) No less than fifteen days before a scheduled return hearing, periodic review hearing, permanency hearing, or termination of parental rights hearing; provided that additional information may be submitted to the court up to the date of the hearing; provided that the department or other authorized agencies make a good cause showing that such additional information was not available to the department or other authorized agency before the fifteen day deadline.  (b) The reports shall include:  (1) An assessment of each safe family home factor and the family's progress with recommended or court-ordered services;  (2) A recommended service plan or permanent plan that references the pertinent safe family home factors; and  (3) A recommendation documenting the basis for any other orders, including protective orders.  (c) The department or other authorized agencies shall submit to the court each report, in its entirety, pertaining to the child or the child's family that has been prepared by a child protective services multidisciplinary team or consultant.  (d) A written report submitted pursuant to this section shall be admissible and relied upon to the extent of its probative value in any proceeding under this chapter, subject to the right of any party to examine or cross-examine the preparer of the report. [L 2010, c 135, pt of §1]
HI Rev Stat § 587A-19 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-19 Testimony by department social worker.

  §587A-19 Testimony by department social worker. A person employed by the department as a social worker in the area of child protective services or child welfare services shall be presumed to be qualified to testify as an expert on child protective or child welfare services. Any party may move the court to qualify a person employed by the department as a social worker in the area of child protective services or child welfare services called to testify as an expert on child protective or child welfare services. [L 2010, c 135, pt of §1]
HI Rev Stat § 587A-20 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-20 Inadmissibility of evidence in other state actions or proceedings.

  §587A-20 Inadmissibility of evidence in other state actions or proceedings. The court may order that testimony or other evidence produced by a party in a proceeding under this chapter shall be inadmissible as evidence in any other state civil or criminal action or proceeding if the court deems such an order to be in the best interests of the child. [L 2010, c 135, pt of §1]
HI Rev Stat § 587A-21 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-21 Admissibility of evidence; testimony by a child.

  §587A-21 Admissibility of evidence; testimony by a child. (a) Any statement relating to an allegation of imminent harm, harm, or threatened harm that a child has made to any person shall be admissible as evidence.  (b) In deciding in temporary foster custody hearings whether there is reasonable cause to believe that a child is subject to imminent harm the court may consider relevant hearsay evidence when direct testimony is unavailable or when it is impractical to subpoena witnesses who will be able to testify to facts based on personal knowledge.  (c) A child's recorded statement shall be admissible in evidence in any proceeding under this chapter; provided that:  (1) The statement is recorded on film, audiotape, or videotape, or by other reliable electronic means;  (2) The recording equipment used is capable of producing an accurate recording, was operated by a competent person, and the recording is accurate and has not been altered; and  (3) Every person on the recording is identified.  (d) A child may be directed by the court to testify under circumstances deemed by the court to be in the best interests of the child and the furtherance of justice. These circumstances may include an on-the-record interview of the child in chambers, with only those parties present during the interview as the court deems to be in the best interests of the child. [L 2010, c 135, pt of §1]
HI Rev Stat § 587A-22 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-22 Unavailability of specified privileges.

  §587A-22 Unavailability of specified privileges. The following privileges shall not be available to exclude evidence of imminent harm, harm, or threatened harm in any proceeding under this chapter:  (1) The physician-patient privilege;  (2) The psychologist-client privilege;  (3) The spousal privilege; and  (4) The victim-counselor privilege. [L 2010, c 135, pt of §1]
HI Rev Stat § 587A-23 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-23 Effect of oral orders.

  §587A-23 Effect of oral orders. Orders stated orally by the court on the record in a proceeding under this chapter shall have full force and effect from the date of the hearing until further order of the court. All oral orders shall be reduced to writing as soon as is practicable. [L 2010, c 135, pt of §1]
HI Rev Stat § 587A-24 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-24 Motions to vacate or modify prior orders brought or decided upon pursuant to rule 59, Hawaii family court rules.

  §587A-24 Motions to vacate or modify prior orders brought or decided upon pursuant to rule 59, Hawaii family court rules. In considering a party's motion to vacate or modify prior orders brought or decided upon pursuant to rule 59, Hawaii family court rules, the court need not commence a trial or hearing de novo, but rather, after such further hearing as the court deems to be appropriate, may proceed to enter such orders as are in the best interests of the child. [L 2010, c 135, pt of §1]
HI Rev Stat § 587A-25 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|587A. Child Protective Act|587A-25 Conduct of hearing in child protective proceedings.

  §587A-25 Conduct of hearing in child protective proceedings. (a) The court shall hear child protective proceedings without a jury at a hearing separate from those for adults.  (b) The general public shall be excluded from child protective proceedings. Only parties found by the court to have a direct interest in the case shall be admitted to the hearing.  (c) The court has discretion to exclude the child from the hearing at any time.  (d) If a party is without counsel or a guardian ad litem, the court shall inform the party of the right to be represented by counsel and the right to appeal. [L 2010, c 135, pt of §1]