(a) When the department receives protective custody of a child from the police, the department shall:

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Terms Used In Hawaii Revised Statutes 587A-9

  • 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
  • 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 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
  • 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
  • Relative: means a person related to a child by blood or adoption, or a hanai relative as defined in this chapter, who, as determined by the court or the department, is willing and able to safely provide support to the child and the child's family. 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
(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.

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