(a) If an authorized agency has family supervision, it has the following duties and rights, subject to such conditions or restrictions as the court deems to be in the best interests of a child:

criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Hawaii Revised Statutes 587A-15

  • Authorized agency: means the department, other public agency, or a person or organization that is licensed by the department or approved by the court to receive children for control, care, maintenance, or placement. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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 care: means continuous twenty-four-hour care and supportive services provided for a child by an authorized agency or the court, including, the care, supervision, guidance, and rearing of a child by a resource family. See Hawaii Revised Statutes 587A-4
  • Foster custodian: means the authorized agency that has foster custody of the child. 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
  • 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.
  • Party: means an authorized agency; a child who is subject to a proceeding under this chapter; the child's parents and guardian ad litem; any other person who is alleged in the petition or who is subsequently found at any child protective proceeding to be encouraging, causing, or contributing to the acts or conditions that brought the child within the scope of this chapter; and may include any other person, including the child's current foster parent or current resource family, if the court finds that such person's participation is in the best interest of the child; provided that the court may limit a party's right to participate in any child protective proceeding if the court deems such limitation of such party's participation to be consistent with the best interests of the child and such party is not a family member who is required to be summoned pursuant to § 587A-13, except as otherwise provided in this chapter. See Hawaii Revised Statutes 587A-4
  • Permanent custody: means the legal status created by order of the court after the termination of parental rights as set forth in this chapter. 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) Monitoring and supervising the child and the child’s family members who are parties. Monitoring and supervision shall include reasonable access to each of the family members who are parties and reasonable access into the child’s family home; and
(2) Placement of the child in foster care and thereby assuming temporary foster custody or foster custody of the child. The authorized agency shall immediately notify the court when such placement occurs. Upon notification, the court shall set the case for:

(A) A temporary foster custody hearing within three days, excluding Saturdays, Sundays, and holidays; or
(B) If jurisdiction has been established, a periodic review hearing within ten days of the child’s placement.

The temporary foster custody hearing or the periodic review hearing may be held at a later date, only if the court finds it to be in the best interests of the child.

(b) If an authorized agency has foster custody it has the following duties and rights:

(1) Determining where and with whom the child shall be placed in foster care; provided that the child shall not be placed in foster care outside the State without prior order of the court;
(2) Permitting the child to return to the family from which the child was removed, unless otherwise ordered by the court. The child’s return may occur only if no party objects to such placement and prior written notice is given to the court and to all parties stating that there is no objection of any party to the child’s return. Upon the child’s return to the family, temporary foster custody or foster custody shall be automatically revoked, and the child and the child’s family members who are parties shall be placed under temporary family supervision or the family supervision of the authorized agency;
(3) Ensuring that the child is provided with adequate food, clothing, shelter, psychological care, physical care, medical care, supervision, and other necessities in a timely manner;
(4) Monitoring whether the child is being provided with an appropriate education;
(5) Providing required consents for the child’s physical or psychological health or welfare, including ordinary medical, dental, psychiatric, psychological, educational, employment, recreational, or social needs;
(6) Providing consents for any other medical or psychological care or treatment, including surgery, if the persons who are otherwise authorized to provide consent are unable or unwilling to consent. Before being provided to the child, this care or treatment shall be deemed necessary for the child’s physical or psychological health or welfare by two physicians or two psychologists, as appropriate, who are licensed or authorized to practice in the State;
(7) Providing consent for the child’s application for a driver’s instructional permit, provisional driver’s license, or driver’s license;
(8) Providing consent to the recording of a statement pursuant to section evidence; testimony by a child” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>587A-21; and
(9) Providing the court with information concerning the child.

The court, in its discretion, may vest foster custody of a child in any authorized agency or subsequently authorized agencies, if the court finds that it is in the child’s best interests to do so. The rights and duties that are so assumed by an authorized agency shall supersede the rights and duties of any legal or permanent custodian of the child.

(c) Unless otherwise provided in this section or as otherwise ordered by the court, a child’s family shall retain the following rights and responsibilities after a transfer of temporary foster custody or foster custody, to the extent that the family possessed the rights and responsibilities prior to the transfer of temporary foster custody or foster custody:

(1) The right of reasonable supervised or unsupervised visitation at the discretion of the authorized agency or the court;
(2) The right to consent to adoption, to marriage, or to major medical or psychological care or treatment; and
(3) The continuing responsibility to support the child, including repayment for the cost of any care, treatment, or other service provided by the authorized agency or the court for the child’s benefit.
(d) If an authorized agency has permanent custody, it has the following duties and rights:

(1) Assuming the parental and custodial duties and rights of a legal custodian and family member;
(2) Determining where and with whom the child shall live; provided that the child shall not be placed outside the State without prior order of the court;
(3) Ensuring that the child is provided with adequate food, clothing, shelter, psychological care, physical care, medical care, supervision, and other necessities in a timely manner;
(4) Monitoring whether the child is being provided with an appropriate education;
(5) Providing all required consents for the child’s physical or psychological health or welfare, including medical, dental, psychiatric, psychological, educational, employment, recreational, and social needs;
(6) Providing consent for the child’s application for a driver’s instructional permit, provisional driver’s license, or driver’s license;
(7) Providing consent to adoption, change of name, and marriage; and
(8) Submitting a written report to the court if the child leaves the home of the permanent custodian for a period of seven consecutive days or more. The report shall state the child’s current situation and shall be submitted on or before the tenth day, excluding Saturdays, Sundays, and holidays, after the child leaves the home.
(e) An authorized agency shall not be liable to third party persons for the acts of the child solely by reason of the agency’s status as foster custodian or permanent custodian of the child.

  Previous
Next  
 Part IV Contents