Hawaii 2024 Regular Session

Hawaii House Bill HB2428

Introduced
1/24/24  
Refer
1/26/24  
Introduced
1/24/24  
Report Pass
2/12/24  
Refer
1/26/24  
Report Pass
2/12/24  
Report Pass
3/1/24  
Refer
2/12/24  
Engrossed
3/5/24  
Report Pass
3/1/24  
Refer
3/7/24  
Engrossed
3/5/24  

Caption

Relating To The Child Protective Act.

Impact

The amendments proposed in HB 2428 will significantly influence state laws regarding child welfare. With the inclusion of specific definitions and procedures, the bill aims to enhance the operational framework for taking protective actions. It enables law enforcement to intervene promptly in situations where a child's safety is at stake, reducing the risk of harm due to delays in judicial proceedings. Additionally, the reforms seek to ensure that there are clear guidelines in place for when and how children can be placed in temporary foster care.

Summary

House Bill 2428 aims to amend the Child Protective Act by adding a definition for 'exigent circumstances' and by clarifying the criteria under which children may be taken into protective custody. This bill recognizes situations where immediate action is necessary to protect a child from imminent harm, allowing the police and Department of Human Services to assume custody without delays caused by court orders. This change is designed to strengthen the state’s ability to act swiftly in cases of potential child abuse or neglect, ensuring that children can be safeguarded effectively.

Sentiment

The sentiment surrounding HB 2428 is predominantly supportive among those advocating for stronger child protection measures. Proponents argue that the bill addresses urgent needs in child welfare by allowing for prompt intervention in critical situations. However, there may be concerns about the implications for parental rights and due process, particularly regarding the ability for authorities to act without court approval. This delicate balance between safeguarding children and ensuring fair treatment for families is likely to be a key discussion point.

Contention

Notable points of contention include the potential for misuse of the 'exigent circumstances' clause, which stipulates that law enforcement can act without prior parental consent or a court order. Critics might worry that this could lead to overreach by authorities in emergency situations. The bill also creates a judicial process for petitioning for protective custody, and some may question the adequacy of safeguards designed to protect parental rights against potential abuses of power. Overall, the discourse around this bill reflects a tension between immediate child safety and the rights of families.

Companion Bills

HI SB3117

Same As Relating To The Child Protective Act.

Similar Bills

HI SB2245

Relating To The Child Protective Act.

HI SB3117

Relating To The Child Protective Act.

MT SB384

Establish temporary hardship law

MT SB402

Provide for case determinations of investigations of reported child abuse or neglect

MT SB206

Generally revise laws related to child abuse and neglect proceedings and investigations

HI HB879

Relating To The Child Protective Act.

HI HB879

Relating To The Child Protective Act.

MT SB18

Revise the definition of child abuse or neglect