Hawaii 2023 Regular Session

Hawaii Senate Bill SB407

Introduced
1/20/23  
Refer
1/25/23  
Refer
1/27/23  
Report Pass
2/15/23  

Caption

Relating To Child Protection.

Impact

One of the key provisions of SB407 is that it authorizes police officers to take protective custody of a child without a court order in cases where immediate harm is observed. This allows for quicker responses to potentially life-threatening situations. Furthermore, the bill mandates that police officers must document their observations in an initial report to the Department of Human Services (DHS) within a specified time frame, supporting the transparency and accountability of the process. The DHS is then required to respond promptly by filing a protective order on behalf of the child.

Summary

SB407, relating to child protection, introduces significant changes to the existing Child Protective Act by clarifying definitions and procedures regarding the immediate and imminent harm to children. The bill defines 'immediate harm' as a present danger to a child that requires urgent intervention, and distinguishes it from 'imminent harm', which refers to a potential risk of harm that may occur without immediate action. These definitions are crucial for the proper judgement and action taken by law enforcement and child welfare agencies in protecting vulnerable children.

Sentiment

The sentiment surrounding SB407 appears largely supportive, especially among child welfare advocates who view the measures as necessary for improving the safety of at-risk children. However, some concerns have been raised regarding the potential for misuse of the increased powers granted to law enforcement. Critics worry about the balance between ensuring child safety and upholding the rights of families, particularly when immediate action is required without prior judicial review.

Contention

Notable points of contention include the implications of allowing police officers to make unilateral decisions regarding the custody of children in high-stress situations. Opponents caution that this could lead to unnecessary removals of children from their homes based on subjective assessments. Moreover, while supporters argue the need for rapid intervention to safeguard children, opponents highlight the risks of possibly escalating family trauma. The debate reflects broader discussions about the role of law enforcement in child welfare and the importance of timely judicial oversight.

Companion Bills

No companion bills found.

Previously Filed As

HI SB407

Relating To Child Protection.

HI SB2247

Relating To Child Protection.

HI HB449

Relating To Child Protection.

HI HB2749

Relating To Child Protection.

HI SB2643

Relating To Child Protection.

HI SB2245

Relating To The Child Protective Act.

HI HB2428

Relating To The Child Protective Act.

HI SB3117

Relating To The Child Protective Act.

HI SB1042

Relating To Child Search And Seizure.

HI HB879

Relating To The Child Protective Act.

Similar Bills

VA HB2410

Involuntary temporary detention; termination of a period of detention.

CA SB174

Citizens of the state.

VA HB163

Emergency custody and temporary detention; governing transportation & custody of minors and adults.

CA AB2649

State Water Project: water supply contracts.

CA AB2940

Vehicle emissions.

CA AB2895

Water: permits and licenses: temporary changes: water or water rights transfers.

VA SB682

Temporary detention; alternative custody.

VA HB1147

Temporary detention; alternative custody.