| 47 | | - | SECTION 1. Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "harm" to read: ""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 [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 712‑1202(1)(b); (3) The child's psychological well-being has been injured, including but not limited to by exposure to abuse or assaultive conduct by the child's family members or others who have access to the family home, 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[,] drugs, harmful[,] drugs, 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." SECTION 2. Section 587A-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The service plan shall provide: (1) The specific steps necessary to facilitate the return of the child to a safe family home, if the proposed placement of the child is in foster care under foster custody. These specific steps shall include treatment and services that will be provided, actions completed, specific measurable and behavioral changes that must be achieved, and responsibilities assumed; (2) Whether an ohana conference will be conducted for family finding and family group [decision making;] decision-making; (3) The respective responsibilities of the child, the parents, the legal guardian or custodian, the department, other family members, and treatment providers, and a description and expected outcomes of the services required to achieve the permanency goal; (4) The required frequency and types of contact between the assigned social worker, the child, and the family; (5) The time frames during which services will be provided, actions must be completed, and responsibilities must be discharged; (6) Notice to the parents that their failure to substantially achieve the objectives described in the service plan within the time frames established may result in termination of their parental rights; (7) Notice to the parents that if the child has been in foster care under the responsibility of the department for an aggregate of fifteen out of the most recent twenty-two months from the child's date of entry into foster care, the department is required to file a motion to set a termination of parental rights hearing, and the parents' failure to provide a safe family home within two years from the date when the child was first placed under foster custody by the court, may result in the parents' parental rights being terminated; [and] (8) In cases of alleged or confirmed domestic violence by the child's family, an evaluation or assessment by a service provider trained in domestic violence of the family members in the family home who are perpetrators or alleged perpetrators of domestic violence; and [(8)] (9) Any other terms and conditions that the court or the authorized agency deem necessary to the success of the service plan." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "harm" to read: ""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 712‑1202(1)(b); (3) The child's psychological well-being has been injured, including but not limited to by exposure to abuse or assaultive conduct by the child's family members or others who have access to the family home, 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." SECTION 2. Section 587A-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The service plan shall provide: (1) The specific steps necessary to facilitate the return of the child to a safe family home, if the proposed placement of the child is in foster care under foster custody. These specific steps shall include treatment and services that will be provided, actions completed, specific measurable and behavioral changes that must be achieved, and responsibilities assumed; (2) Whether an ohana conference will be conducted for family finding and family group decision making; (3) The respective responsibilities of the child, the parents, legal guardian or custodian, the department, other family members, and treatment providers, and a description and expected outcomes of the services required to achieve the permanency goal; (4) The required frequency and types of contact between the assigned social worker, the child, and the family; (5) The time frames during which services will be provided, actions must be completed, and responsibilities must be discharged; (6) Notice to the parents that their failure to substantially achieve the objectives described in the service plan within the time frames established may result in termination of their parental rights; (7) Notice to the parents that if the child has been in foster care under the responsibility of the department for an aggregate of fifteen out of the most recent twenty-two months from the child's date of entry into foster care, the department is required to file a motion to set a termination of parental rights hearing, and the parents' failure to provide a safe family home within two years from the date when the child was first placed under foster custody by the court, may result in the parents' parental rights being terminated; [and] (8) In cases of alleged or confirmed domestic violence by the child's family, an evaluation or assessment by a service provider trained in domestic violence of the family members in the family home who are perpetrators or alleged perpetrators of domestic violence; and [(8)] (9) Any other terms and conditions that the court or the authorized agency deem necessary to the success of the service plan." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 3000. |
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