Terms Used In Hawaii Revised Statutes > Chapter 587A > Part III - Safe Family Home Factors and Pre-Petition Procedures

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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
• caregiver: as used in this chapter does not pertain to court-ordered or voluntary foster 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
• Criminal history record check: means an examination of an individual's criminal history through fingerprint analysis or name inquiry into state and national criminal history records and files, including the files of the Hawaii criminal justice data center. 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
• 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
• Parent: means any legal parent of a child; the birth mother, unless the child has been legally adopted; the adjudicated, presumed, or concerned birth father of the child as provided in section 578-2(a)(5), unless the child has been legally adopted; or the legal guardians or any other legal custodians of the child. See Hawaii Revised Statutes 587A-4
• 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
• 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
• Safe family home factors: means a list of criteria that must be considered in determining whether a parent is able to provide a safe family home as set out herein in § 587A-7. 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