Chapter 587A

Child Protective Act

CHAPTER 587A

CHILD PROTECTIVE ACT

Part I. Short Title, Purpose, Construction, Guiding

Principles, and Definitions

Section

587A-1 Short title

587A-2 Purpose; construction

587A-3 Guiding principles for children in foster care

587A-3.5 Authority to conduct criminal history record checks

without consent

587A-4 Definitions

Part II. Jurisdiction and Venue

587A-5 Jurisdiction

587A-6 Venue

Part III. Safe Family Home Factors and Pre-Petition

Procedures

587A-7 Safe family home factors

587A-8 Protective custody by police officer without court

order

587A-9 Temporary foster custody without court order

587A-10 Relatives; foster placement

587A-11 Investigation; department powers

Part IV. Court Proceedings, Evidence, and Orders

587A-12 Petition

587A-13 Summons and service of summons

587A-14 Notice of hearings; participation of resource family

587A-15 Duties, rights, and liability of authorized agencies

587A-16 Guardian ad litem

587A-17 Court-appointed attorneys

587A-18 Reports to be submitted by the department and

authorized agencies

587A-19 Testimony by department social worker

587A-20 Inadmissibility of evidence in other state actions

or proceedings

587A-21 Admissibility of evidence; testimony by a child

587A-22 Unavailability of specified privileges

587A-23 Effect of oral orders

587A-24 Motions to vacate or modify prior orders brought or

decided upon pursuant to rule 59, Hawaii family

court rules

587A-25 Conduct of hearing in child protective proceedings

587A-26 Temporary foster custody hearing

587A-27 Service plan

587A-28 Return hearing

587A-29 Show cause hearing

587A-30 Periodic review hearing

587A-31 Permanency hearing

587A-32 Permanent plan

587A-33 Termination of parental rights hearing

587A-34 Reinstatement of parental rights

587A-35 Retention of jurisdiction

587A-36 Appeal

Part V. Miscellaneous

587A-37 Failure to comply with terms and conditions of an

order of the court

587A-38 Protective order

587A-39 Notice and service of protective order

587A-40 Court records

587A-41 Payment for service or treatment provided to a party

or for a child’s care, support, or treatment

587A-42 Educational, medical, dental, and recreational needs

587A-43 Child protective review panel

Case Notes

There is no relative preference in this chapter with regard to permanent placement of foster children; to the extent that the department of human services’ policy directives mandate such a preference, those policies impermissibly alter this chapter and its legislative history. 132 H. 368, 322 P.3d 263 (2014).

This chapter does not require that relatives must be given preference in placing a child after the birth parents’ rights have been terminated; even assuming there was a preference for relative placement, it would not supersede best interest considerations. Although placement with a relative after termination of parental rights may have certain advantages, the paramount and overriding consideration is the best interests of the child. 130 H. 486 (App.), 312 P.3d 1193 (2013).

Prior law.

Federal army regulations that mirror chapter 587 did not give rise to a “special relationship”; chapter 587 only creates a “special relationship” between department of human services and abused children who have been reported to it, not between private persons and abused children, and consequently, the United States government cannot be found to have a duty under chapter 587, and thus, no imposition of liability on the United States for negligence under the federal Tort Claims Act. 711 F. Supp. 2d 1195 (2010).