reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1500 - SOCIAL REHABILITATION SERVICES › Section 17-1500-5 - Scope of service

Current through June, 2024
(a) Social
				rehabilitation services shall be provided in a child caring institution, group
				home, or staff secure facility where the child lives for the duration of the
				service.
(b) Social rehabilitation
				services shall include one or more of the following activities:
(1) Teaching or increasing the daily living
				and self-management skills of the individual such as home management, personal
				hygiene, money management, communication skills, grooming, appropriate
				behavior, personal planning, and decision-making skills;
(2) Developing or improving the child's
				ability to interact and relate with others;
(3) Referring the child to community
				resources with follow-up where needed;
(4) Providing a program to assist the child
				in making the transition to independent living or other foster care;
(5) Providing twenty-four hour room and board
				as part of the total rehabilitation service for children requiring closer
				supervision and who are unable to remain in their homes or foster
				homes;
(6) Counseling to the
				child's family in order that the family may understand the child's adjustment
				problems, resolve interrelationship problems, and participate in planning for
				the child in the residential program and possible return home;
(7) Psychiatric or psychological case
				consultation geared to increasing the residential staff's understanding of
				difficult adjustment cases in order to provide effective therapeutic or
				rehabilitation services to the child.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1500 - SOCIAL REHABILITATION SERVICES › Section 17-1500-6 - Authorization for service

Current through June, 2024
(a) The purchase of
				social rehabilitation services shall be authorized for children meeting the
				eligibility requirements of section 17-1500-3.
(b) The effective date of service
				authorization for social rehabilitation services shall be no earlier than the
				date on which the individual became eligible for the service.
(c) Payment for the initial and termination
				months of service shall be prorated and payment shall be based on the actual
				number of days of service.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1500 - SOCIAL REHABILITATION SERVICES › Section 17-1500-7 - Termination of service

Current through June, 2024
(a) Social
				rehabilitation services shall be terminated under one or more of the following
				conditions:
(1) The social worker's
				assessment based on observation of the child and discussions with the
				individual and social rehabilitation staff is that the child has progressed to
				the extent that services are no longer needed;
(2) The child terminates participation in the
				program independently;
(3) The
				child expresses unwillingness to receive or continue the service or the social
				worker's assessment based on observations of the child and discussions with the
				child and the social rehabilitation facility's staff is that the child is
				unwilling or unable to make constructive use of the services, and the
				department social worker determines that continuation of the service is
				contrary to the overall treatment or rehabilitation plan;
(4) The child no longer meets eligibility
				requirements specified in section 17-1500-3;
(5) The service provider no longer has a
				valid contract with the department to provide the service;
(6) The child leaves the State;
(7) The service required by the individual is
				not encompassed by the scope of services in section 17-1500-5; or
(8) The recipient dies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-1 - Purpose

Current through June, 2024
The purpose of this chapter shall be to specify the
				  conditions under which the department of human services, social services
				  division, child welfare services branch (DHS-SSD-CWSB), may disclose
				  information gathered and maintained by the child welfare services branch (CWSB)
				  related to:
(1) Individuals who are
				subjects of a child abuse 1601-1 or neglect report investigated by the
				CWSB;
(2) Individuals who are
				provided services by the CWSB; and
(3) Any other information gathered and
				maintained by the CWSB, including but not limited to foster home licensing
				records.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-2 - Definitions

Current through June, 2024
For the purposes of this chapter unless the context
				  otherwise indicates:
"Applicant" means a person who has applied for a service or
				  payment from the department.
"Authorized recipient of confidential information" means
				  those entities authorized by departmental rules, state or federal statute, or
				  court order to receive information contained in the reports and records
				  maintained by the department.
"Child" means a person who is born alive and is less than
				  eighteen years of age.
"Child welfare services branch" or "branch" means the branch
				  within the department, which administers the child welfare service
				  programs.
"Department" means the department of human services.
"Disclosure" means the release of confidential information
				  by the department.
"Guardian ad litem" means a person appointed by the court
				  under section 587-34, HRS, whose role is to protect and promote the needs and
				  interests of the child or a party in a court hearing pursuant to chapter
				  587, HRS.
"In camera" means a review of the records by the presiding
				  judge prior to the release of the record or any portion of the record to the
				  parties in the case.
"Legal custodian" means the child's parent(s), permanent
				  custodian(s) , legal guardian(s), or other entities who have legal and physical
				  custody of the child.
"Near fatality" means an act that, as certified by a
				  physician, places a child in serious or critical condition or would result in
				  the child's death if untreated.
"Recipient" means a person who has received a service or
				  payment from the department, including an 1601-2 individual identified as a
				  perpetrator of child abuse and/or neglect.
"Record or records" means all written, oral, or electronic
				  information gathered and maintained by the department in its State central
				  registry or in physical records, including but not limited to:
(1) Reports of child abuse and neglect accepted by the
				  department for further action;
(2) Subsequent actions by the department, including but not
				  limited to medical, psychological, psychiatric, or other agency reports as well
				  as departmental contacts, assessments, or reports; and
(3) Any record or information collected and maintained by the
				  department that identifies or contains information regarding a person who is
				  an:
(A) Applicant;
(B) Recipient of services from the department; or
(C) Foster parent, adoptive parent, legal guardian or
				  permanent custodian.
"Re-disclosure" means the release of confidential
				  information received from the department by the authorized recipient of the
				  information.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-3 - Maintenance of records

Current through June, 2024
The department of human services, social services division,
				  child welfare services branch, shall keep records to document information
				  acquired in the administration of the child welfare services program, including
				  but not limited to all reports of child abuse and neglect and other services
				  provided by the child welfare services program. Information gathered by the
				  department shall be kept in confidential records and files and shall not be
				  used or disclosed except as provided for by this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-4 - Disclosure of records

Current through June, 2024
(a) All records and
				information shall be confidential and unauthorized disclosure or re-disclosure
				shall be a violation. Records shall not be accessible for public inspection
				except as provided by this chapter. Disclosure of records shall be provided in
				accordance with departmental procedures; provided, however, that when the
				record contains information that the person is not authorized to receive, that
				information shall not be provided.
(b) Recipients of confidential information
				shall be bound by the same confidentiality restrictions as the department and
				shall maintain confidentiality and prevent unauthorized
				re-disclosure.
(c) The name of a
				reporter who requests confidentiality shall be disclosed only with the
				reporter's written consent or pursuant to a court order.
(d) Records containing communications between
				the department of the attorney general and the department shall not be
				disclosed as those communications are considered attorney-client privilege and
				are subject to release only by court order.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-5 - Disclosure of information to applicants, recipients, or entities designated by the applicant or recipient to receive confidential information

Current through June, 2024
(a) Except as specified in section (b),
				copies of the records and other information may be released to an applicant or
				recipient, or to the applicant's or recipient's designee in accordance with
				departmental procedures, provided that a signed, dated, written request or
				consent (authorization)to release information from the applicant or recipient
				is received specifying:
(1) The specific
				information the branch is authorized to disclose;
(2) The name of the individual or agency
				authorized to receive the information;
(3) The purpose for which the information is
				being requested;
(4) The applicant
				or recipient's social security number and birth date and address;
(5) The expiration date, or expiration event
				that relates to the applicant or recipient or the purpose of the authorization,
				and also specifying that if no expiration date or expiration event is specified
				the authorization shall expire one year from the date the authorization is
				signed; and
(6) Whether the
				information is desired through review or by receipt of reproduced copies of the
				information.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-6 - Disclosure to third parties without consent or court order

Current through June, 2024
Disclosure of all or a portion of the record without consent
				  or court order shall be authorized when made pursuant to a legitimate state
				  purpose and in accordance with
				  17-1601-4. A legitimate state
				  purpose shall include but is not limited to disclosure to the persons listed
				  below unless otherwise specified in
				  Public Law No.
				  104-235,
				  45
				  C.F.R. §§205.50,
				  1340.14(i)
				  (2) (xi);
				  42
				  U.S.C §5106 a and sections
				  17-1601-7,
				  17-1601-8,
				  17-1601-9 and
				  17-1601-10:
(1) A court in the state for in camera review
				only;
(2) Grand juries, when
				connected with the prosecution of a child abuse or neglect case;
(3) Legally authorized governmental,
				civilian, or military entities investigating, prosecuting, or providing
				services to a child or family who is the subject of a report of known or
				suspected child abuse or neglect;
(4) A person legally authorized to place a
				child in protective custody when that person reasonably suspects the child is
				being abused, neglected, or is at risk of imminent harm and the information is
				required in order to determine whether to remove the child;
(5) Agencies or individuals authorized,
				contracted, or licensed by the department to assess, diagnose, care, treat,
				supervise, or provide services to a child or family who is, or has been, the
				subject of a report of abuse or neglect;
(6) Multidisciplinary or other consultant
				teams under contract to or in arrangement with the department to give
				consultation to social workers or the department;
(7) Licensed physicians concerned that a
				child under their care may be the victim of child abuse or neglect;
(8) A child fatality review team or citizen
				review panel authorized by law;
(9)
				A coroner or medical examiner who has reason to believe that a child has died
				as the result of abuse or neglect;
(10) Federal, state, and local officials, and
				their agents responsible for administration, monitoring or auditing of child
				welfare services programs and legislation, including agencies administering
				programs under the Social Security Act for purposes of:
(A) The administration of federal or
				federally assisted programs which provide assistance in cash or in kind, or
				services directly to individuals on the basis of need; or
(B) An audit or similar activity, conducted
				in connection with the administration of the social service program by any
				governmental entity that is authorized by law to conduct the audit or
				activity.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-7 - Restrictions against disclosure of proceedings and records relating to adoptions

Current through June, 2024
(a) All
				information, documents, and records relating to an adoption and filed in court
				shall be confidential and shall be released pursuant to section
				578-15,
				HRS.
(b) Information, documents and
				records relating to an adoption but not filed in court shall be confidential
				and may only be released by the department in accordance with this
				chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-8 - Restrictions against disclosure of family court related material

Current through June, 2024
(a) Records and information which have been
				submitted to the family court pursuant to chapter
				587, HRS, may be released by the
				department pursuant to chapter
				587-81, HRS, and in accordance with
				this chapter, unless otherwise ordered by the court.
(b) Except as allowed in 17-1601-6, the
				department shall not release records and information regarding family court
				proceedings not relating to chapter
				587, HRS. An individual requesting
				the record or information shall be referred to the family court for release of
				that information.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-9 - Restrictions against disclosure of information relating to human immunodeficiency virus (HIV), AIDS related complex (ARC), and acquired immune deficiency syndrome (AIDS)

Current through June, 2024
(a) All records
				including all communication, or specific medical or epidemiological information
				contained therein, which identify any individual who has or has been tested for
				HIV, ARC, or AIDS, shall only be released pursuant to section
				325-101,
				HRS, and in accordance with departmental procedures.
(b) Persons or entities receiving information
				under this section shall maintain confidentiality of the information subject to
				section
				325-102, HRS, which
				provides civil penalties for the unauthorized disclosure of information
				relating to HIV, ARC, and AIDS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-10 - Restrictions against disclosure of substance abuse related material

Current through June, 2024
(a) Records or other information concerning
				patients in an alcohol or drug abuse program, including their identity,
				diagnosis, prognosis, and treatment, shall be confidential and unauthorized
				disclosure shall be prohibited without:
(1)
				The informed consent of the patient; or
(2) A court order that contains the following
				findings:
(A) There is reasonable cause to
				believe the child has been abused or neglected;
(B) Safety of the child must be ensured and
				treatment of the child and family must be provided;
(C) Other ways of obtaining the information
				are not available or would not be effective;
(D) Information shall be shared among those
				providing services, treatment, and care to the child and family; and
(E) The need to share information to provide
				safety to the child and ensure appropriate treatment to the family outweigh the
				potential injury to the patient, the physician-patient relationship, and to the
				treatment services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-11 - Applicant's and recipient's right to correct case record

Current through June, 2024
Each applicant or recipient of services provided by the
				  branch shall have the right to request to have their record amended by the
				  department in accordance with Chapter
				  92F, HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-12 - Dissemination of material

Current through June, 2024
All material sent or distributed to applicants or recipients
				  of services provided by the branch, including material enclosed in envelopes
				  containing checks, shall be limited to the administration of social services
				  programs.
(1) Mailing or distribution
				of holiday greetings, general public announcements, voting information, and
				alien registration notices shall be prohibited.
(2) Material that may be of benefit to the
				health and welfare of applicants and recipients, such as announcements of free
				medical exams, availability of services or resources, notices to foster
				parents, and consumer protection information may be mailed or
				distributed.
(3) Only the names of
				the persons directly connected with the administration of the social services
				program and identified in an official capacity with the department shall be
				contained in material sent or distributed to applicants, recipients, and
				providers.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1601 - CONFIDENTIALITY › Section 17-1601-13 - Penalty

Current through June, 2024
Any person who fails to safeguard confidential information
				  or who violates rules governing the confidential nature of department
				  information may be prosecuted for a violation pursuant to Chapter
				  346, HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Section 17-1610-1 - Goals

Current through June, 2024
The department shall provide services to the child who has
				  been the subject of a report of abuse, neglect, or threatened harm, and to the
				  child's family to ensure the child's:
(1) Safety;
(2) Permanency; and
(3) Well-being.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-1610-6 - Eligibility requirements

Current through June, 2024
(a) A child shall
				  be eligible for child welfare services without regard to income pursuant to
				  chapters
				  350,
				  350E, and 587A, HRS, to the extent that funds and resources are
				  available.
(b) Eligibility shall be
				  based on information gathered from the reporter and other collateral contacts
				  that:
(1) The child is born alive and under
				  eighteen years of age; and
(2)
				  There is harm or threatened harm by the acts or omissions of a parent,
				  guardian, legal and physical custodian, or other person responsible for the
				  child's care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-1610-7 - Geographic area of service

Current through June, 2024
(a) Child welfare
				  services provided by departmental staff shall be available throughout the state
				  subject to the availability of resources.
(b) Where child welfare services are provided
				  through purchase of service, they shall be offered within the scope and funding
				  of the current contracts.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-1610-8 - Interstate compact on the placement of children

Current through June, 2024
Services shall be available in accordance with chapter
					 350E, HRS, to eligible children placed out-of-state or in Hawaii, if the
					 placement has been approved by the receiving state's office of the interstate
					 compact on the placement of children and a request for such services is
					 made.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-1610-9 - Authorization

Current through June, 2024
(a) Child welfare casework services shall be
				  authorized on the basis that the department received a report that a child has
				  been harmed or threatened with harm pursuant to chapters
				  350
				  and 587A, HRS.
(b) The child
				  welfare services branch may authorize assessment, treatment, foster care, and
				  any other service provided by department staff or through purchase of service
				  that is available to the department.
(c) Services shall be provided in accordance
				  with departmental procedures and depending on the availability of resources,
				  provided that:
(1) The child and family meet
				  the eligibility requirements for the service;
(2) The child and family are willing and able
				  to accept and participate in the services that are offered and/or
				  available;
(3) The child, if
				  appropriate, and family shall consent to the disclosure of information to the
				  department, as well as re-disclosure by the department to entities determined
				  by the department to have a reason and need to know the information to ensure
				  the safety of the child and/or the provision of services and treatment to the
				  child and family;
(4) The service
				  is available from department staff or through services purchased by the
				  department;
(5) The family has no
				  resources that would provide or cover the cost of the service; and
(6) Services provided through a purchase of
				  service contract shall be offered within the scope and funding of the current
				  contract.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-1610-11 - Notice

Current through June, 2024
(a) The legal custodian shall be informed in
				  writing of the disposition of the investigation, the specific rules supporting
				  the action, and the right to appeal the department's disposition.
(b) The legal custodian and recipients of
				  child welfare services who are provided treatment or services by the department
				  shall be informed verbally and in writing, of any changes to treatment or
				  services, the reasons for the action, the specific rules supporting the action,
				  and the right to appeal the department's decision through established hearing
				  procedures.
(c) The identified
				  perpetrator or maltreater shall be informed in writing of the disposition of
				  the investigation, the specific rules supporting the action, and the right to
				  appeal the department's disposition through established hearing
				  procedures.
(d) The department
				  shall give written notice to the recipient of a service prior to initiating
				  action to terminate, suspend, or reduce child welfare services.
(e) If the legal custodian or alleged
				  maltreater cannot be contacted, this fact shall be noted in the department's
				  records.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-1610-12 - Hearings

Current through June, 2024
(a) The legal custodian and the recipient of
				  child welfare services have a right to a hearing pursuant to chapter 17-1602 if
				  dissatisfied with any adverse action taken by the department.
(b) Perpetrators or maltreaters have a right
				  to a hearing pursuant to chapter 17-1602 and departmental procedures if
				  dissatisfied with the disposition of the department's assessment or action
				  taken by the department as a result of a report of abuse or neglect.
(c) Subsections (a) and (b) shall not apply
				  and the department shall refer the legal custodian, recipient, or perpetrator
				  to the family court for any matter falling under the provisions of chapter
				  587A, HRS, that has been heard in family court where a finding and/or ruling
				  has been made or is pending before the family court judge.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-1610-13 - Interpreter services

Current through June, 2024
Whenever necessary to ensure the family's understanding of
					 any aspect of the department's involvement with the child and the child's
					 family, the department shall secure the services of an
					 interpreter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-1610-14 - Independent audit

Current through June, 2024
The department shall arrange for a periodic and
					 independently conducted audit, no less frequently than once every three years,
					 of the Title IV-B and IV-E programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 2 - REPORTS AND RECORDS › Section 17-1610-17 - Acceptance of reports

Current through June, 2024
(a) The department
				  shall receive each report made pursuant to chapter
				  350,
				  HRS, and shall immediately assess the validity of the report, the safety of the
				  child, and the agency response to the report pursuant to chapter 587A, HRS, and
				  departmental procedures.
(b) If the
				  department determines the report involves high or severe harm per the
				  department's assessment, the report shall be accepted for further assessment.
				  If the department determines the report involves severe threatened harm per the
				  department's assessment, the report may be accepted for further
				  assessment.
(c) If the report
				  involves a low or moderate level of harm or threatened harm per the
				  department's assessment, the family may be diverted to community resources for
				  short term counseling, outreach and/or support services.
(d) At the reporter's request, the department
				  shall make every good faith effort to maintain the confidentiality of the
				  reporter's identity pursuant to chapter 350.1-4(b).
(e) The department shall provide to the
				  police all reports of child abuse or neglect received by child welfare
				  services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 2 - REPORTS AND RECORDS › Section 17-1610-18 - Registration of reports

Current through June, 2024
Reports that are accepted by the department for
					 investigation or assessment shall be registered into the department's
					 information system, which is the state central registry, in accordance with
					 departmental procedures.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 2 - REPORTS AND RECORDS › Section 17-1610-19 - Maintenance of records

Current through June, 2024
(a) Records of
				  reports of child abuse and/or neglect and subsequent action taken, by the
				  department shall be maintained by the department in accordance with section
				  350-2(d),
				  HRS, to assist in risk and safety assessments of a child who has been reported
				  to be harmed or at risk of harm, provided that:
(1) The record of a child abuse and/or
				  neglect report shall be expunged within ninety working days following the date:
(A) The report is unsubstantiated by the
				  department; or
(B) The petition
				  arising from the child abuse or neglect report has been dismissed by order of
				  the family court.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 3 - ASSESSMENT AND INTERVENTION SERVICES › Section 17-1610-23 - Child welfare assessment

Current through June, 2024
(a) The department
				  shall assess each report accepted by the department in accordance with
				  departmental procedures. The assessment, which will continue throughout the
				  duration of the case, will determine whether or not the child has been harmed
				  or is threatened with harm and the action that will be taken by the
				  department.
(b) The department
				  shall determine and initiate any needed services necessary to complete the
				  assessment, including but not limited to multidisciplinary team consultation,
				  psychological, psychiatric, psychosexual or other needed evaluations. pursuant
				  to departmental procedures.
(c)
				  When additional facts are needed to thoroughly evaluate the family's and the
				  child's current situation, the department shall contact other persons or
				  agencies that may possess knowledge of the family, without consent, pursuant to
				  chapter
				  350,
				  HRS.
(d) A written medical
				  assessment of the child's physical condition shall be obtained when sexual
				  abuse is suspected or there is a report of severe abuse, neglect, or medical
				  neglect pursuant to departmental procedures. If the child remains, in the
				  custody of the legal custodian, a medical diagnosis shall be obtained with the
				  consent of the legal custodian or pursuant to an order of the court.
(e) The department may obtain a criminal
				  history record check on an alleged perpetrator or maltreater of imminent harm,
				  harm, or threatened harm to a child in accordance with section
				  587A-11(1)
				  and departmental procedures.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 3 - ASSESSMENT AND INTERVENTION SERVICES › Section 17-1610-24 - Disposition of assessment

Current through June, 2024
(a) For those
				  reports accepted for assessment pursuant to chapter
				  350,
				  HRS, a disposition shall be made in accordance with departmental procedures and
				  documented in the department's information system within sixty working days of
				  the acceptance of the report as to whether the child has been harmed.
(b) The legal custodian and the alleged
				  maltreater shall be provided written notice of the disposition of the
				  assessment in accordance with section 17-1610-11. If the legal custodian or
				  alleged maltreater cannot be contacted, this fact shall be noted in' the
				  department's records.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 3 - ASSESSMENT AND INTERVENTION SERVICES › Section 17-1610-25 - Intervention services

Current through June, 2024
(a) Based on an
				  assessment of the family, the department shall determine and initiate
				  assessment and treatment services, including but not limited to ohana
				  conferencing, concurrent planning, multidisciplinary team consultation, and
				  psychological, psychiatric, psychosexual or other needed evaluations pursuant
				  to departmental procedures. The department shall provide appropriate and
				  available services to eligible children and their families subject to the
				  availability of funding and resources.
(b) Services may be provided by departmental
				  staff as well as through purchase of service providers in accordance with
				  section 17-1610-9.
(c) The
				  department shall maintain regular contacts with the family and the child to:
(1) Ensure the safety, well-being, and
				  permanency of the child;
(2)
				  Monitor and coordinate the family's use of treatment and services that have
				  been made available; and
(3)
				  Evaluate the family's progress toward making the recommended changes.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 3 - ASSESSMENT AND INTERVENTION SERVICES › Section 17-1610-27 - Voluntary in-home intervention

Current through June, 2024
(a) The department
				  may provide short-term services to a child and family in accordance with
				  departmental procedures, provided that there is a determination by the
				  department that:
(1) The child may be safely
				  maintained in the home with the provision of services;
(2) The family is willing and able to
				  participate in voluntary in-home services; and
(3) There is a case plan that specifies the
				  responsibilities of the family and the department that provides a maximum
				  one-year timeframe for the successful completion of services, and clear
				  consequences if the timeframe is not met.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 3 - ASSESSMENT AND INTERVENTION SERVICES › Section 17-1610-28 - Voluntary out-of-home intervention

Current through June, 2024
(a) Voluntary
				  out-of-home intervention services may be offered to the child or family when
				  there is an assessment that the harm or risk to the child requires temporary
				  out-of-home placement of the child, provided that:
(1) There is a determination by the social
				  worker that placement of the child is expected to be for no more than ninety
				  days from the initial date of entry into out-of-home care;
(2) The legal custodian of the child and the
				  department have signed a valid voluntary foster custody agreement, binding on
				  all parties to the agreement which specifies, at a minimum, the legal status of
				  the child, and the rights and obligations of the legal custodian, the child,
				  and the department while the child is in out-of-home placement; and
(3) There is a case plan that specifies the
				  responsibilities of the family and the department that provides a ninety-day
				  timeframe and clear consequences if the timeframe is not met.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 4 - REVIEW HEARINGS › Section 17-1610-32 - Notice of hearings

Current through June, 2024
The department shall provide the resource caregiver(s) of
					 a child and any prospective adoptive parent or relative providing care for the
					 child with timely notice of and a right to be heard in any proceeding to be
					 held with respect to the child during the time the child is in the care of such
					 foster parent, prospective adoptive parent, or relative
					 caregiver.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 4 - REVIEW HEARINGS › Section 17-1610-33 - Periodic review hearings - family supervision

Current through June, 2024
The status of each child in the home subject to the
					 jurisdiction of the court shall be reviewed by the court at intervals no
					 greater than six months, to determine the safety of the child and whether the
					 child may be safely maintained in the family home, pursuant to chapter 587A,
					 HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 4 - REVIEW HEARINGS › Section 17-1610-34 - Periodic review hearings - foster custody

Current through June, 2024
(a) The
				  status of each child in court ordered out-of-home care under the placement
				  responsibility of the department shall be reviewed by the court at intervals no
				  greater than six months. The reviews shall be held within six months of the
				  date of the initial date of entry into out-of-home care and at least every six
				  months thereafter.
(b) If a
				  periodic review is due, but in the assessment of the department a permanency
				  hearing is more appropriate, a permanency hearing shall be requested in place
				  of the periodic review hearing. The permanency hearing shall take the place of
				  the periodic review in this instance.
(c) For children adjudicated under chapter
				  587A, HRS, the department shall request that the court review the status of the
				  case to determine whether the child is receiving appropriate services and care,
				  that case plans are being properly implemented, and that activities are
				  directed toward a permanent placement for the child. Procedural safeguards
				  relating to parental rights pertaining to the removal of the child from the
				  home, changes in placement, any determination affecting visitation privileges
				  of parents, notice, participation of the parties, and appeal shall be provided
				  according to the rules of the court. At the hearing the court shall be
				  requested to:
(1) Determine the safety of the
				  child;
(2) Determine the continued
				  need for and appropriateness of the out-of-home placement;
(3) Determine the extent to which each party
				  has complied with the case plan and the progress the family has made in making
				  their home safe;
(4) Determine the
				  extent of progress toward resolving the problems that caused the placement and
				  necessitate continued out-of-home placement of the child; and
(5) Project a likely date for the child's
				  return to a safe family home, or permanent placement out of the family home in
				  the following order of preference, through adoption, legal guardianship, or
				  other permanent out-of-home placement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 4 - REVIEW HEARINGS › Section 17-1610-36 - Termination of parental rights hearing

Current through June, 2024
(a) The department
				  shall file a petition for permanent custody of the child and request a hearing
				  if there has been a determination that:
(1)
				  The court has made a finding that the child is an "abandoned infant" or that
				  "aggravated circumstances" are present in the case, in which case the
				  termination of parental rights hearing shall be heard by the court within
				  thirty days of the judicial determination that the child is an abandoned child
				  or has been subjected to aggravated circumstances;
(2) The child's legal custodian is unwilling
				  or unable to provide the child with a safe, nurturing home at any time during
				  the duration of the case; or
(3)
				  The child has been in placement for a total of twelve consecutive months or an
				  aggregate of fifteen out of the last twenty-two months from the initial date of
				  entry into out-of-home care, calculated cumulatively from the initial date of
				  out-of-home care, provided that the fifteen month time limit shall not include
				  trial home visits or time the child may have been on runaway status in
				  calculating the cumulative fifteen month time limit unless:
(A) The child is being cared for by a
				  relative;
(B) There is
				  documentation in the case plan which is available for court review of a
				  compelling reason why filing a motion for permanent custody is not in the best
				  interest of the child including the following:
(i) Adoption is not the appropriate
				  permanency goal for the child; or
(ii) No grounds to file a petition to
				  terminate parental rights exist; or
(iii) The child is an unaccompanied refugee
				  minor as defined in 45 CFR 400.111; or
(iv) There are international legal
				  obligations or compelling foreign policy reasons that would preclude
				  terminating parental rights; or
(v)
				  The family has not been provided services, consistent with the time period that
				  has been determined necessary for the safe return of the child.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 5 - CASEWORK SERVICES › Section 17-1610-39 - Concurrent planning

Current through June, 2024
(a) For all
				  children and families assessed as needing ongoing child welfare casework
				  services and under the jurisdiction of the department either voluntarily or by
				  court order, the department shall initiate concurrent planning in accordance
				  with departmental procedures. Concurrent planning shall include but not be
				  limited to the following:
(1) An assessment
				  to determine the needs of each child to ensure that each child's needs for
				  safety and permanency are recognized and incorporated into intervention
				  services, treatment, placement, and timely permanency decision
				  making;
(2) An assessment of the
				  family's potential to maintain the child in the home or to reunify the child
				  with the family; and
(3) A casework
				  strategy developed with the family that incorporates a plan to maintain or
				  reunify the child with the legal custodian, and a plan to provide a permanent
				  home in the following order of preference, through adoption, legal
				  guardianship, or other permanent out-of-home placement should reunification not
				  be successful.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 5 - CASEWORK SERVICES › Section 17-1610-40 - Family preservation services

Current through June, 2024
(a) If the
				  department assesses the child is safe in the home with the assistance of a
				  service plan, reasonable efforts shall be made to assist the family in
				  maintaining the child in the home with the provision of appropriate and
				  available services in accordance with departmental procedures.
(b) Services provided the child and family
				  shall be in accordance with a case plan pursuant to section
				  17-1610-26.
(c) Family preservation
				  services shall be provided to meet the child's medical, psychological, social,
				  recreational, educational, and physical needs.
(d) Family preservation services may be
				  provided to the family via referrals, purchase of service contracts, and
				  services provided by departmental staff in accordance with departmental
				  procedures.
(e) If the child and
				  family are determined eligible pursuant to chapter 17-1616, the department may
				  utilize funds authorized to cover the cost of services to maintain the child in
				  the family home or to prevent removal to the extent that funds are
				  available.
(f) Family preservation
				  services shall not be provided to children and families where there has been an
				  assessment by the department that the child cannot safely be maintained in the
				  home, even with the assistance of a service plan, or when there has been a
				  finding by the court of aggravated circumstances or that the child is an
				  abandoned infant.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 5 - CASEWORK SERVICES › Section 17-1610-41 - Out-of-home placement services

Current through June, 2024
(a) The department
				  shall remove the child from the family home if the home is assessed as unsafe,
				  even with the assistance of a service plan.
(b) If placement of a child out of the family
				  home is determined necessary to ensure the safety of the child, the department
				  shall:
(1) Place the child only:
(A) Through the legal custodian's signed,
				  valid voluntary foster custody agreement, which specifies at a minimum the
				  legal status of the child, and the rights and obligations of the legal
				  custodian of the child and the department while the child is in out-of-home
				  placement;
(B) By court
				  order;
(C) By assuming temporary
				  foster custody of a child subject to court ordered family supervision and
				  placing the child in foster care, pursuant to section
				  587A-4 HRS;
				  or
(D) By the transfer of
				  protective custody from the police.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 5 - CASEWORK SERVICES › Section 17-1610-42 - Independent living services

Current through June, 2024
Each eligible child in out-of-home care shall be offered
					 age appropriate independent living services by the department in accordance
					 with chapter 17-1611.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 5 - CASEWORK SERVICES › Section 17-1610-43 - Adoption services

Current through June, 2024
(a) Adoption
				  services shall be provided to children who are legally-free, as well as to
				  children who are not yet legally free for whom adoption is the goal. Adoption
				  services shall be provided to:
(1) Locate
				  suitable adoptive homes for children needing adoption; and
(2) Help children become members of a family
				  who can give them the love, care, protection, and opportunities essential for
				  their healthy growth and development.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 5 - CASEWORK SERVICES › Section 17-1610-44 - Permanent out-of-home services

Current through June, 2024
(a) If the child
				  cannot be reunified with the legal custodian and adoption is not possible,
				  permanent placement with specified individual(s), such as legal guardian(s) or
				  permanent custodian(s), shall be considered before long-term foster care.
				  Placement with appropriate family members, if determined to be in the best
				  interests of the child, shall be given first consideration pursuant to
				  departmental procedures.
(b)
				  Permanent out-of-home services shall be provided to:
(1) Locate suitable permanent homes for
				  children needing permanent placement; and
(2) Help children become members of a family
				  who can give them the love, care, protection, and opportunities essential for
				  their healthy personality growth and development.