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2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-24 Enforcement of foreign protective orders.

§586-24 Enforcement of foreign protective orders.
(a) A law enforcement officer shall enforce a foreign protective order that appears to be authentic on its face. For purposes of this section, "authentic on its face" means the protective order contains the names of both parties and remains in effect.
(b) If a paper copy of the order is unavailable and the officer verifies the existence and status of the order through a national or state centralized registry for protective orders or through communication with appropriate authorities in the issuing state, tribe, or territory, the officer shall enforce the order.
(c) A law enforcement officer shall make an arrest for a violation of a foreign protective order in the same manner as for violations of protective orders issued in this State. [L 2000, c 186, pt of §7]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-25 Good faith immunity.

§586-25 Good faith immunity.
Any law enforcement officer acting in good faith shall be immune from civil or criminal liability in any action arising in connection with enforcement of a valid foreign protective order or a foreign protective order that appears to be authentic on its face pursuant to this part. [L 2000, c 186, pt of §7; am L 2002, c 11, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-26 Penalties.

§586-26 Penalties.
Any violation of a foreign protective order entitled to full faith and credit under this part is a misdemeanor. The court shall sentence a person convicted under this section as follows:
(1) For a first conviction for violation of the protective order, the person shall serve a mandatory minimum jail sentence of forty-eight hours but not more than thirty days and be fined not less than $150 nor more than $500; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine; and
(2) For a second and any subsequent conviction for violation of the protective order, the person shall serve a mandatory minimum jail sentence of thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine.
Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist. [L 2000, c 186, pt of §7]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-3.5 Authority to conduct criminal history record checks without consent.

§587A-3.5 Authority to conduct criminal history record checks without consent.
When an assessment is required pursuant to this chapter, the department may conduct criminal history record checks, without consent, of an alleged perpetrator of harm or threat of harm and all adult household members to ensure the safety of the child. [L 2016, c 96, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-5 Jurisdiction.

§587A-5 Jurisdiction.
Pursuant to section 571-11(9), the court shall have exclusive original jurisdiction:
(1) In a child protective proceeding concerning any child who is or was found within the State at the time specified facts and circumstances occurred, are discovered, or are reported to the department. These facts and circumstances constitute the basis for the court's finding that the child's physical or psychological health or welfare is subject to imminent harm, has been harmed, or is subject to threatened harm by the acts or omissions of the child's family; and
(2) In any prior child protective proceeding under chapter 587, the former Child Protective Act. [L 2010, c 135, pt of §1; am L 2011, c 51, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-6 Venue.

§587A-6 Venue.
A child protective proceeding under this chapter may be filed in the county in which a child is found or resides when the petition is filed, or in the county in which a parent having legal custody of the child resides or is domiciled when the petition is filed. [L 2010, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-7.5 Safe family home factors; disability.

§587A-7.5 Safe family home factors; disability.
The court shall not consider the disability of a parent or caregiver to be the sole factor in the court's determination made pursuant to this part. If the court makes a determination that a child's family is unable to provide a safe family home and one or more of the child's parents or caregivers are disabled, the court shall make specific written findings stating the basis for this determination. The party attempting to demonstrate that the disability of a parent or caregiver impairs the parent's or caregiver's ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency. [L 2019, c 259, §5]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-8 Protective custody by police officer without court order.

§587A-8 Protective custody by police officer without court order.
(a) A police officer shall assume protective custody of a child without a court order and without the consent of the child's family, if in the discretion of the police officer, the officer determines that:
(1) The child is subject to imminent harm while in the custody of the child's family;
(2) The child has no parent, as defined in this chapter, who is willing and able to provide a safe family home for the child;
(3) The child has no caregiver, as defined in this chapter, who is willing and able to provide a safe and appropriate placement for the child; or
(4) The child's parent has subjected the child to harm or threatened harm and the parent is likely to flee with the child.
(b) The department shall assume temporary foster custody of the child when a police officer has completed the transfer of protective custody of the child to the department as follows:
(1) A police officer who assumes protective custody of a child shall complete transfer of protective custody to the department by presenting physical custody of the child to the department; or
(2) If the child is or will be admitted to a hospital or similar institution, the police officer shall immediately complete the transfer of protective custody to the department by notifying the department and receiving an acknowledgment from the hospital or similar institution that it has been informed that the child is under the temporary foster custody of the department. [L 2010, c 135, pt of §1]
2023 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).
2023 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).
2023 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).
2023 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]
2023 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]
2023 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]
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-27 Service plan.

§587A-27 Service plan.
(a) The service plan shall provide:
(1) The specific steps necessary to facilitate the return of the child to a safe family home, if the proposed placement of the child is in foster care under foster custody. These specific steps shall include treatment and services that will be provided, actions completed, specific measurable and behavioral changes that must be achieved, and responsibilities assumed;
(2) Whether an ohana conference will be conducted for family finding and family group decision making;
(3) The respective responsibilities of the child, the parents, legal guardian or custodian, the department, other family members, and treatment providers, and a description and expected outcomes of the services required to achieve the permanency goal;
(4) The required frequency and types of contact between the assigned social worker, the child, and the family;
(5) The time frames during which services will be provided, actions must be completed, and responsibilities must be discharged;
(6) Notice to the parents that their failure to substantially achieve the objectives described in the service plan within the time frames established may result in termination of their parental rights;
(7) Notice to the parents that if the child has been in foster care under the responsibility of the department for an aggregate of fifteen out of the most recent twenty-two months from the child's date of entry into foster care, the department is required to file a motion to set a termination of parental rights hearing, and the parents' failure to provide a safe family home within two years from the date when the child was first placed under foster custody by the court, may result in the parents' parental rights being terminated; and
(8) Any other terms and conditions that the court or the authorized agency deem necessary to the success of the service plan.
(b) Services and assistance to the family that are required by a service plan shall be presented in a manner that can be understood by and does not overwhelm the parties.
(c) The court shall ensure that each term, condition, and consequence of the service plan has been thoroughly explained to, understood by, and agreed to by each member of the child's family whom the authorized agency deems to be necessary to the success of the service plan. The court shall thereafter order the service plan into effect and order the distribution of copies to each family member or person who is a party to the service plan. If a member of a child's family whom the authorized agency deems to be necessary to the success of the service plan cannot understand or refuses to agree to the terms, conditions, and consequences of the service plan, the court shall conduct a hearing to determine the terms, conditions, and consequences of a service plan that will ensure a safe home for the child. [L 2010, c 135, pt of §1; am L 2011, c 51, §3]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-29 Show cause hearing.

§587A-29 Show cause hearing.
At any stage of the proceeding, the court may set a show cause hearing at which a child's parents shall have the burden of presenting evidence as to why the case should not be set for a termination of parental rights or legal guardianship hearing. [L 2010, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-32 Permanent plan.

§587A-32 Permanent plan.
(a) The permanent plan shall:
(1) State whether the permanency goal for the child will be achieved through adoption, legal guardianship, or permanent custody;
(2) Establish a reasonable period of time by which the adoption or legal guardianship shall be finalized;
(3) Document:
(A) A compelling reason why legal guardianship or permanent custody is in the child's best interests if adoption is not the goal; or
(B) A compelling reason why permanent custody is in the child's best interests if adoption or legal guardianship is not the goal;
(4) Establish other related goals, including those pertaining to the stability of the child's placement; education; health; therapy; counseling; relationship with the child's birth family, including visits, if any; cultural connections; and preparation for independent living;
(5) If a child has reached the age of fourteen, describe the services needed to assist the child with the transition from foster care to independent living; and
(6) Describe the methods for achieving the goals and objectives set forth in paragraphs (4) and (5).
(b) A permanent plan prepared for a periodic review hearing or a permanency hearing shall describe:
(1) Progress toward achieving the goal of the plan;
(2) Proposed revisions to the goal of the plan and reasons for the revisions; and
(3) Proposed revisions to the methods for achieving the goals of the plan and objectives and the reasons for the revisions. [L 2010, c 135, pt of §1; am L 2016, c 133, §6]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-35 Retention of jurisdiction.

§587A-35 Retention of jurisdiction.
Except as otherwise provided in this chapter, the court may retain jurisdiction under this chapter until the full term for which any order entered expires or until the child attains nineteen years of age, whichever comes first. [L 2010, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-36 Appeal.

§587A-36 Appeal.
An interested party aggrieved by any order or decree of the court under this chapter may appeal as provided in section 571-54. [L 2010, c 135, pt of §1]
Rules of Court
See Rules Expediting Child Protective Appeals.
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-37 Failure to comply with terms and conditions of an order of the court.

§587A-37 Failure to comply with terms and conditions of an order of the court.
If a party fails to comply with the terms and conditions of an order issued by the court under this chapter, the court may apply the provisions of section 710-1077 and any other provisions available under the law. [L 2010, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-38 Protective order.

§587A-38 Protective order.
(a) After a petition has been filed with the court under this chapter, the court, upon such hearing as the court deems to be appropriate, may issue a protective order to restrain any party from contacting, threatening, or physically abusing any other party or a child, if the court finds that a protective order is necessary to prevent domestic abuse (as that term and its component terms are defined in section 586-1) or a recurrence of domestic abuse.
(b) The protective order shall enjoin a party to be restrained from performing any combination of the following acts:
(1) Contacting, threatening, or physically abusing any protected party or child;
(2) Contacting, threatening, or physically abusing any person residing at the dwelling or residence of any protected party or child; and
(3) Entering or visiting the dwelling or residence of any protected party or child.
(c) The protective order may provide for further relief as the court deems necessary to prevent the occurrence or recurrence of domestic abuse.
(d) The protective order may require a party to leave the party's dwelling or residence during the period of time in which the protective order is in effect.
(e) The protective order shall be binding upon not only any party against whom the protective order is directed, but also upon each such party's officers, agents, servants, employees, attorneys, and any other persons in active concert or participation with each such party.
(f) The court may order that an individual be made a party for the limited purpose of issuing a protective order against that individual.
(g) Upon application and a hearing, the court may modify the terms of, or terminate, an existing protective order.
(h) Any party may provide to appropriate law enforcement authorities a copy of a protective order issued pursuant to this section.
(i) The protective order shall become effective upon service pursuant to section 587A-39(a). [L 2010, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-39 Notice and service of protective order.

§587A-39 Notice and service of protective order.
(a) A protective order issued pursuant to section 587A-38 shall be served either personally or by certified mail on each party to be restrained. In the case where a party was present at the hearing during which the protective order was issued, that party shall be deemed to have notice of the order.
(b) The court may order the police department to serve a protective order issued pursuant to section 587A-38 upon each party to be restrained, to accompany a protected party to that party's dwelling or residence, and to place the protected party in possession of that party's dwelling or residence.
(c) Within twenty-four hours after its issuance, a protective order issued pursuant to section 587A-38 shall be transmitted by the clerk of the court to the appropriate county police department. [L 2010, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-40 Court records.

§587A-40 Court records.
[(a)] The court shall keep a record of all child protective proceedings under this chapter. Written reports, photographs, x-rays, or other information that are submitted to the court may be made available to other appropriate persons, who are not parties, only upon an order of the court. The court may issue this order upon determining that such access is in the best interests of the child or serves some other legitimate purpose.
[(b)] As set forth in rules adopted pursuant to chapter 91 by the department of human services and consistent with applicable laws, the department may disclose information in the court record without order of the court, unless otherwise ordered by the court. [L 2010, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-41 Payment for service or treatment provided to a party or for a child's care, support, or treatment.

§587A-41 Payment for service or treatment provided to a party or for a child's care, support, or treatment.
(a) Whenever a service or treatment is provided to a party, or whenever care, support, or treatment of a child is provided under this chapter, the court may order the payment of such expenses by the persons or legal entities who are legally responsible for the same, after reasonable notice and hearing as the court directs.
(b) The provisions of section 571-52 and all other remedies available under the law shall be applicable to enforce orders issued pursuant to this section. [L 2010, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-42 Educational, medical, dental, and recreational needs.

§587A-42 Educational, medical, dental, and recreational needs.
Upon the first day of placement, a child's resource family shall have the authority, for the child placed in the resource family's care:
(1) To consent to routine educational and recreational needs and activities, except for purposes regulated under title 8, chapters 60 and 61, of the Hawaii administrative rules, or successor rules; and
(2) To seek and obtain ordinary medical and dental care, immunizations, and well-baby and well-child medical services. [L 2010, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 587A. Child Protective Act › 587A-43 Child protective review panel.

§587A-43 Child protective review panel.
(a) The department shall establish a child protective review panel to review each case of child abuse or neglect that leads to near fatality or death as a result of acts or omissions of the child's legal caretaker. Based upon its review, the panel shall submit a report of its findings and recommendations to the director of the department. The department shall appoint members of the child protective review panel, who may include:
(1) Any physician treating the child for abuse;
(2) Any child protective services worker assigned to the case and the worker's supervisor;
(3) The guardian ad litem for the child, appointed under section 587A-16, if applicable;
(4) The members of the child's multidisciplinary team or a child protective services consultant; and
(5) Other child protective services workers and supervisors.
(b) Members of the child protective review panel shall serve without compensation and shall not be reimbursed for costs; provided that state employees serving within the scope of their employment shall receive compensation and reimbursement as provided by law or by collective bargaining.
(c) Members of the child protective review panel shall be immune from any liability for injuries and damages arising from the panel's report under subsection (a).
(d) This section shall not be construed as interfering with any authority of the department or the courts to remove, to place, or to order any disposition on custody of an abused child under this chapter. [L 2010, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 587D. Safe Place for Newborns › 587D-1 Definitions.

§587D-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Department" means the department of human services.
"Emergency services personnel" shall have the same meaning as defined in section 78-52.
"Firefighter" means a member of a fire department whose principal duties are to prevent and fight fires.
"Fire station" means a building for fire equipment and firefighters.
"Health care provider" means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession.
"Hospital" means a facility licensed as a hospital by the department of health and accredited by The Joint Commission.
"Police officer" means any public servant, whether employed by the State or any county, or by the United States, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.
"Police station" means a facility where police officers report for assignments, paperwork, and other police business.
"Unharmed condition" means no evidence of injury to a newborn child's physical or psychological health or welfare, as evidenced in any case where:
(1) The newborn child is alive and exhibits no:
(A) Substantial or multiple skin bruising or any other internal bleeding;
(B) Injury to skin causing substantial bleeding;
(C) Malnutrition;
(D) Failure to thrive;
(E) Burn or burns;
(F) Poisoning;
(G) Fracture of any bone;
(H) Subdural hematoma;
(I) Soft tissue swelling;
(J) Extreme pain;
(K) Extreme mental distress; or
(L) Gross degradation;
(2) The newborn child has not been the victim of:
(A) Sexual contact or conduct, including rape, sodomy, molestation, sexual fondling, or incest;
(B) Obscene or pornographic photographing, filming, or depiction; or
(C) Other similar forms of sexual exploitation;
(3) Injury does not exist to the psychological capacity of a child as evidenced by a substantial impairment in the child's ability to function;
(4) The child has been provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, and supervision; or
(5) The child has not been provided with dangerous, harmful, or detrimental drugs, as defined by section 712-1240; except in cases where a child's family provides the drugs to the child pursuant to the direction or prescription of a practitioner, as defined in section 712-1240. [L Sp 2007, c 7, pt of §2; am L 2020, c 70, §61]
Revision Note
Definitions rearranged pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 31. Family › 587D. Safe Place for Newborns › 587D-2 Unharmed newborn children left at hospitals, fire stations, or police stations, or with emergency services personnel; avoidance of prosecution.

§587D-2 Unharmed newborn children left at hospitals, fire stations, or police stations, or with emergency services personnel; avoidance of prosecution.
A person may leave a newborn child with the personnel of a hospital, fire station, or police station, or emergency services personnel without being subject to prosecution for abandonment of a child pursuant to section 709-902; provided that:
(1) The newborn child was born within seventy-two hours of being left at the hospital, fire station, or police station, or with emergency services personnel as determined within a reasonable degree of medical certainty; and
(2) The newborn child is left in an unharmed condition. [L Sp 2007, c 7, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 587D. Safe Place for Newborns › 587D-3 Safe place for newborns.

§587D-3 Safe place for newborns.
(a) The personnel of a hospital, fire station, or police station, or emergency services personnel may receive a newborn child; provided that the newborn child was born within seventy-two hours of being left at the hospital, fire station, or police station, or with emergency services personnel as determined within a reasonable degree of medical certainty.
(b) When a person leaves a newborn child with the personnel of [a] hospital, fire station, or police station, or emergency services personnel, the personnel:
(1) Shall make every reasonable effort to solicit the following information from the person leaving the newborn child:
(A) The name of the newborn child;
(B) The name and address of the parent or person dropping off the newborn child;
(C) The location where the newborn child was born;
(D) Information pertaining to the newborn child's medical history;
(E) The newborn child's biological family's medical history, including major illnesses and diseases; and
(F) Any other information that might reasonably assist the department in determining the best interests of the newborn child, including whether the parents plan on returning to seek custody of the child in the future;
provided that refusal of the person leaving the newborn child to provide such information shall not prevent personnel from accepting the newborn child;
(2) May provide the person leaving the newborn child with information on how to contact relevant social service agencies; and
(3) Shall notify appropriate law enforcement agencies that a newborn child was received, for purposes of matching the child with missing children reports.
(c) If a hospital, fire station, or police station, or emergency services personnel receives a newborn child pursuant to subsection (a), any health care provider, firefighter, police officer, or emergency services personnel receiving the newborn child shall perform any act necessary, in accordance with generally accepted standards of their respective professional practice, to protect, preserve, and aid the physical health and safety of the newborn child during the temporary physical custody. [L Sp 2007, c 7, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 587D. Safe Place for Newborns › 587D-4 Reporting.

§587D-4 Reporting.
Within twenty-four hours of receiving an unharmed newborn child under section 587D-3, the personnel of the hospital, fire station, or police station, or emergency services personnel shall inform the department that a newborn child has been left at the premises; provided that the department shall not be informed until the person leaving the newborn child has left the premises. If the newborn child is received in a harmed condition, the hospital, fire station, police station, or emergency services personnel shall notify appropriate law enforcement agencies, regardless of whether the person or persons leaving the newborn child has left the premises. [L Sp 2007, c 7, pt of §2]