Terms Used In Hawaii Revised Statutes 587A-12

• Allegation: something that someone says happened.
• birth: as used in this chapter , is interchangeable with the term "natural" as that term is used in chapter 578. See Hawaii Revised Statutes 587A-4
• Child: means a person who is born alive and is less than eighteen years of age. See Hawaii Revised Statutes 587A-4
• Court: means one of the family courts established pursuant to chapter 571. See Hawaii Revised Statutes 587A-4
• Department: means the department of human services and its authorized representatives. See Hawaii Revised Statutes 587A-4
• Family: means each legal parent of a child; the birthing parent, unless the child has been legally adopted; the concerned non-birthing parent as provided in section 578-2(a)(5), unless the child has been legally adopted; each parent's spouse or former spouse; each sibling or person related by blood or marriage; each person residing in the dwelling unit; and any other person or legal entity with:
  (1) Legal or physical custody or guardianship of the child, or
  (2) Responsibility for the child's care. See Hawaii Revised Statutes 587A-4
• Family home: means the home of the child's legal custodian. See Hawaii Revised Statutes 587A-4
• Family supervision: means the legal status in which a child's legal custodian is willing and able, with the assistance of a service plan, to provide the child with a safe family home. See Hawaii Revised Statutes 587A-4
• Foster custody: means the legal status created when the department places a child outside of the family home with the agreement of the legal custodian or pursuant to court order, after the court has determined that the child's family is not presently willing and able to provide the child with a safe family home, even with the assistance of a service plan. See Hawaii Revised Statutes 587A-4
• Harm: means damage or injury to a child's physical or psychological health or welfare, where:
  (1) The child exhibits evidence of injury, including, but not limited to:

  (A) Substantial or multiple skin bruising;

  (B) Substantial external or internal bleeding;

  (C) Burn or burns;

  (D) Malnutrition;

  (E) Failure to thrive;

  (F) Soft tissue swelling;

  (G) Extreme pain;

  (H) Extreme mental distress;

  (I) Gross degradation;

  (J) Poisoning;

  (K) Fracture of any bone;

  (L) Subdural hematoma; or

  (M) Death;

  and the injury is not justifiably explained, or the history given concerning the condition or death is not consistent with the degree or type of the condition or death, or there is evidence that the condition or death may not be the result of an accident;

  (2) The child has been the victim of sexual contact or conduct, including sexual assault; sodomy; molestation; sexual fondling; incest; prostitution; obscene or pornographic photographing, filming, or depiction; or other similar forms of sexual exploitation, including but not limited to acts that constitute an offense pursuant to section 7121202(1)(b);
  (3) The child's psychological well-being has been injured as evidenced by a substantial impairment in the child's ability to function;
  (4) The child is not provided in a timely manner with adequate food; clothing; shelter; supervision; or psychological, physical, or medical care;
  (5) The child is provided with dangerous, harmful, or detrimental drugs as defined in section 712-1240, except when a child's family administers drugs to the child as directed or prescribed by a practitioner as defined in section 712-1240; or
  (6) The child has been the victim of labor trafficking under chapter 707. See Hawaii Revised Statutes 587A-4
• Imminent harm: means that without intervention within the next ninety days, there is reasonable cause to believe that harm to the child will occur or reoccur. See Hawaii Revised Statutes 587A-4
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Police officer: means a person employed by any county in the State of Hawaii to enforce the laws and ordinances for preserving the peace and maintaining safety and order in the community, or an employee authorized by the director of law enforcement under § 329-51 or 353C-4 to exercise the powers set forth in this chapter. See Hawaii Revised Statutes 587A-4
• Protective custody: means the legal status of a child whose physical custody is assumed by a police officer under this chapter. See Hawaii Revised Statutes 587A-4
• Service plan: means a specific, comprehensive written plan prepared by an authorized agency pursuant to § 587A-27. See Hawaii Revised Statutes 587A-4
• Temporary foster custody: means a legal status created under this chapter with or without a court order, whereby the department temporarily assumes the duties and rights of a foster custodian of a child. See Hawaii Revised Statutes 587A-4
• Threatened harm: means any reasonably foreseeable substantial risk of harm to a child. See Hawaii Revised Statutes 587A-4