(a) The department or an authorized agency shall ensure, whenever possible, that a child in foster care will:

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Terms Used In Hawaii Revised Statutes 587A-3.1

  • Authorized agency: means the department, other public agency, or a person or organization that is licensed by the department or approved by the court to receive children for control, care, maintenance, or placement. See Hawaii Revised Statutes 587A-4
  • birth: as used in this chapter , is interchangeable with the term "natural" as that term is used in chapter 578. See Hawaii Revised Statutes 587A-4
  • caregiver: as used in this chapter does not pertain to court-ordered or voluntary foster placement. See Hawaii Revised Statutes 587A-4
  • Case plan: means the combined safe family home factors and the service plan or permanent plan. See Hawaii Revised Statutes 587A-4
  • Child: means a person who is born alive and is less than eighteen years of age. See Hawaii Revised Statutes 587A-4
  • Court: means one of the family courts established pursuant to chapter 571. See Hawaii Revised Statutes 587A-4
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Department: means the department of human services and its authorized representatives. See Hawaii Revised Statutes 587A-4
  • Family: means each legal parent of a child; the birthing parent, unless the child has been legally adopted; the concerned non-birthing parent as provided in section 578-2(a)(5), unless the child has been legally adopted; each parent's spouse or former spouse; each sibling or person related by blood or marriage; each person residing in the dwelling unit; and any other person or legal entity with:

    (1) Legal or physical custody or guardianship of the child, or
    (2) Responsibility for the child's care. See Hawaii Revised Statutes 587A-4
  • Foster care: means continuous twenty-four-hour care and supportive services provided for a child by an authorized agency or the court, including, the care, supervision, guidance, and rearing of a child by a resource family. See Hawaii Revised Statutes 587A-4
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian ad litem: means any person who is appointed by the court under this chapter to protect and promote the needs and interests of a child or a party, including a court-appointed special advocate. See Hawaii Revised Statutes 587A-4
  • Parent: means any legal parent of a child; the birth mother, unless the child has been legally adopted; the adjudicated, presumed, or concerned birth father of the child as provided in section 578-2(a)(5), unless the child has been legally adopted; or the legal guardians or any other legal custodians of the child. See Hawaii Revised Statutes 587A-4
  • Party: means an authorized agency; a child who is subject to a proceeding under this chapter; the child's parents and guardian ad litem; any other person who is alleged in the petition or who is subsequently found at any child protective proceeding to be encouraging, causing, or contributing to the acts or conditions that brought the child within the scope of this chapter; and may include any other person, including the child's current foster parent or current resource family, if the court finds that such person's participation is in the best interest of the child; provided that the court may limit a party's right to participate in any child protective proceeding if the court deems such limitation of such party's participation to be consistent with the best interests of the child and such party is not a family member who is required to be summoned pursuant to § 587A-13, except as otherwise provided in this chapter. See Hawaii Revised Statutes 587A-4
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) Live in a home, free from physical, psychological, sexual, and other abuse;
(2) Receive food, shelter, and clothing;
(3) Receive medical care, dental services, corrective vision care, and mental health services;
(4) Be enrolled in a health insurance plan and, within forty-five days of out-of-home placement, be provided with a health assessment and recommended treatment;
(5) Have regular, supervised or unsupervised, in-person, telephone, or other forms of contact with the child’s parents and siblings while the child is in foster care, unless the contact is either prohibited by court order or is deemed to be unsafe by the child’s child welfare services worker, therapist, guardian ad litem, or court appointed special advocate. Withholding visitation shall not be used as punishment. If the department or authorized agency denies supervised or unsupervised visits with the child’s parents or siblings:

(A) If all parties, including the child, agree to the denial of the visits, the department or authorized agency shall submit a written report to the court within five working days to document the reasons why the visits are being denied; or
(B) If any party, including the child, disagrees with the denial of the visits, the department or authorized agency shall file a motion for immediate review within five working days that shall include the specific reasons why visits are being denied;
(6) Receive notice of court hearings, and if the child wishes to attend the hearings, the department or authorized agency shall ensure that the child is transported to the court hearings;
(7) Have in-person contact with the child’s assigned child welfare services worker;
(8) Have the ability to exercise the child’s own religious beliefs, including the refusal to attend any religious activities and services;
(9) Have a personal bank account if requested and assistance in managing the child’s personal income consistent with the child’s age and development, unless safety or other concerns require otherwise;
(10) Be able to participate in extracurricular, enrichment, cultural, and social activities; provided that if a child caring institution or resource caregiver authorizes the participation, the authorization shall be in accordance with the reasonable and prudent parent standard, as defined in title 42 United States Code § 675(10)(A);
(11) Beginning at age twelve, be provided with age-appropriate life skills training and a transition plan for appropriately moving out of the foster care system, which shall include reunification or other permanency, and written information concerning independent living programs, foster youth organizations, and transitional planning services that are available to all children in foster care who are twelve years of age or older and their resource families;
(12) If the child is fourteen years of age or older, have the right to be involved in developing a case plan and planning for the child’s future;
(13) If the child is fourteen years of age or older, receive the child’s credit report, free of charge, annually during the child’s time in foster care and receive assistance with interpreting the report and resolving inaccuracies, including, when feasible, assistance from the child’s guardian ad litem; and
(14) If the child is seventeen years of age, receive prior to aging out of care certain personal records, such as an official or certified copy of the child’s United States birth certificate, a Social Security card issued by the Commissioner of Social Security, health insurance information, a copy of the child’s medical records or information to access the child’s medical records free of charge, immigration documents, and a driver’s license or civil identification card issued by the State; provided that the department or authorized agency shall obtain the personal records for the child.
(b) In addition to the rights established in subsection (a), a child in foster care shall have the following rights:

(1) To be treated fairly and equally and receive care and services that are culturally responsive and free from discrimination based on race, ethnicity, color, national origin, ancestry, immigration status, gender, gender identity, gender expression, sexual orientation, religion, physical and mental disability, pregnancy or parenting status, or the fact that the child is in foster care;
(2) To meet with and speak to the presiding judge in the child’s case;
(3) To have regular in-person contact with the child’s court appointed guardian ad litem, court appointed special advocate, and probation officer;
(4) To ask for an attorney, if the child’s opinions and requests differ from those being advocated by the guardian ad litem pursuant to section 587A-16(c)(6);
(5) To attend school and to remain in the child’s school of origin unless determined not to be in the child’s best interest, and to be provided cost-effective transportation to be maintained in the child’s school of origin; provided that if the child changes school during a school year, the child should be enrolled immediately in the new school; and
(6) To receive educational records to the same extent as all other students.
(c) Sua sponte or upon appropriate motion, the family court may issue any necessary orders to any party, including the department, department of education, department of health, guardian ad litem, court appointed special advocate, or probation officer to ensure the child is provided with the rights enumerated in subsections (a) and (b).
(d) Nothing in this section shall establish a private cause of action for violation of any provision of this section.

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