HB 312: RELATING TO THE DEPARTMENT OF HUMAN SERVICES.

HOUSE OF REPRESENTATIVES	H.B. NO.	312
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the DEPARTMENT OF HUMAN SERVICES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that in 2011 Connecticut passed a bill introduced by a family defense lawyer that requires a notification of rights to be issued to families prior to a child abuse investigative interview.  While most citizens know about “Miranda rights" through police shows on television, investigations on child abuse are not recognized by parents as having the same requirement.  The result is the unknowing waiver of those constitutional rights by parents and infringement of rights by the investigator.  Arizona and Texas now have requirements that parents be notified of their rights.  Further, after a lawsuit was filed over parents' constitutional rights, New York initiated a pilot program in Brooklyn and the Bronx to issue written notification of rights to parents who were the subject of an allegation of child abuse or neglect.  Legislators in Colorado and Idaho have tried to pass similar laws.  In 2023 the Parental Rights Foundation published a model bill for all states to require notification of rights in child abuse cases.  Accordingly, the purpose of this Act is to require that parents be given a written copy of their rights when the department of human services is conducting a child harm investigation.

     SECTION 2.  Section 587A-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

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

     (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),] 587A-11(b)(4), and (c)(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)] 587A-11(c)(6) or (8); or

          (C)  File a petition with the court."

     SECTION 3.  Section 587A-11, Hawaii Revised Statutes, is amended to read as follows:

     "§587A-11  Investigation; department powers.  (a)  Upon receiving a report that a child is subject to imminent harm, has been harmed, or is subject to threatened harm, and when an assessment is required by this chapter, the department shall cause such investigation to be made as it deems to be appropriate.

     (b)  In conducting the investigation, the department shall:

     (1)  At the time of the initial face-to-face contact, provide the parent with written notice of the parent's rights.  Those rights shall be provided to the parent in a document that shall be developed by the department and include the following:

          (A)  The parent is not required to permit the department or a police officer to enter the residence of the parent;

          (B)  The parent must be given the allegations prior to an interview;

          (C)  The parent is not required to speak with the department at that time;

          (D)  The parent has the right to record the interview;

          (E)  The parent is entitled to seek representation of an attorney and have an attorney present when the parent is questioned by the department;

          (F)  Any statement made by the parent or any family member may be used against the parent in a hearing initiated pursuant to this chapter;

          (G)  Neither the department nor the police officer is an attorney, and neither may provide legal advice to the parent;

          (H)  The parent is not required to sign any document presented by the department or a police officer, including but not limited to a release of claims or service agreement, and is entitled to have an attorney review any document before the parent agrees to sign; and

          (I)  A failure of the parent to communicate with the department or a police officer may have serious consequences, which may include the filing of a petition under this chapter and the assumption of temporary foster custody of the child by the department; therefore, it is in the parent's best interest to speak with the department or immediately seek the advice of a qualified attorney;

     (2)  Make reasonable efforts to ensure that the notice provided to a parent under this subsection is written in a manner that will be understood by the parent, including but not limited to ensuring that the notice is written in a language understood by the parent;

     (3)  Request the parent to sign and date the notice as evidence of having received the notice.  If the parent refuses to sign and date the notice upon request, the department shall specifically indicate on the notice the request to sign and the parent's refusal to do so.  The department shall sign the notice as witness to the parent's refusal to sign and provide the parent with a copy of the signed notice at the time of the initial face-to-face contact with the parent; and

     (4)  Except when an initial contact with a parent results in the immediate or same-day placement of a child into emergency foster care, the notice provided under this subsection shall be implemented, retained in the child's case file, and attached to a court petition in the event of a subsequent removal to foster custody.

     (c)  In conducting the investigation, the department may:

     (1)  Enlist the cooperation and assistance of appropriate state and federal law enforcement authorities, who may conduct an investigation and, if an investigation is conducted, shall provide the department with all preliminary findings, including the results of a criminal history record check of an alleged perpetrator of harm or threatened harm to the child;

     (2)  Conduct a criminal history record check of an alleged perpetrator and all adults living in the family home, with or without consent, to ensure the safety of the child;

     (3)  Interview the child without the presence or prior approval of the child's family and temporarily assume protective custody of the child for the purpose of conducting the interview; provided that when a child is interviewed at school, the interview shall be recorded and retained in the case file;

     (4)  Resolve the matter in an informal fashion that it deems appropriate under the circumstances;

     (5)  Close the matter if the department finds, after an assessment, that the child is residing with a caregiver who is willing and able to meet the child's needs and provide a safe and appropriate placement for the child;

     (6)  Immediately enter into a service plan:

          (A)  To safely maintain the child in the family home; or

          (B)  To place the child in voluntary foster care pursuant to a written agreement with the child's parent.

          If the child is placed in voluntary foster care and the family does not successfully complete the service plan within three months after the date on which the department assumed physical custody of the child, the department shall file a petition.  The department is not required to file a petition if the parents agree to adoption or legal guardianship of the child and the child's safety is ensured; provided that the adoption or legal guardianship hearing is conducted within six months of the date on which the department assumed physical custody of the child;

     (7)  Assume temporary foster custody of the child and file a petition with the court within three days, excluding Saturdays, Sundays, and holidays, after the date on which the department assumes temporary foster custody of the child, with placement preference being given to an approved relative; or

     (8)  File a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

 

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Department of Human Services; Children; Imminent Harm; Investigation; Written Notice

 

 

Description:

Requires the department of human services to provide written notice to a parent of the parent's rights when conducting an investigation regarding a child who is or may be subject to imminent harm.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.