§587A-9 Temporary foster custody without court order. (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), (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) or (8); or
(C) File a petition with the court.
(b) Upon the request of the department and without regard to parental consent, any physician licensed or authorized to practice medicine in the State shall perform an examination to determine the nature and extent of harm or threatened harm to the child under the department's temporary foster custody. [L 2010, c 135, pt of §1; am L 2016, c 96, §3]
Case Notes
Cited: 132 H. 368, 322 P.3d 263 (2014).
Structure Hawaii Revised Statutes
587A-3.5 Authority to conduct criminal history record checks without consent.
587A-7 Safe family home factors.
587A-7.5 Safe family home factors; disability.
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.
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-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-25 Conduct of hearing in child protective proceedings.
587A-26 Temporary foster custody hearing.
587A-30 Periodic review hearing.
587A-33 Termination of parental rights hearing.
587A-34 Reinstatement of parental rights.
587A-35 Retention of jurisdiction.
587A-37 Failure to comply with terms and conditions of an order of the court.
587A-39 Notice and service of protective order.
587A-42 Educational, medical, dental, and recreational needs.