(a) A child who is subject to an active proceeding under this chapter, the child’s guardian ad litem, the child’s attorney, if any, or the department, may file a motion to reinstate the terminated parental rights of the child’s parents in a proceeding under this chapter, where the following circumstances exist:

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Terms Used In Hawaii Revised Statutes 587A-34

  • 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
  • Department: means the department of human services and its authorized representatives. See Hawaii Revised Statutes 587A-4
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Family home: means the home of the child's legal custodian. 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Permanent custody: means the legal status created by order of the court after the termination of parental rights as set forth in this chapter. See Hawaii Revised Statutes 587A-4
  • Permanent plan: means a specific, comprehensive written plan prepared pursuant to § 587A-32. See Hawaii Revised Statutes 587A-4
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Termination of parental rights: means the severance of parental rights. See Hawaii Revised Statutes 587A-4
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) The child has been in permanent custody for at least twelve months; and
(2) The child is fourteen years of age or older.
(b) A motion to reinstate parental rights shall be filed with the court and shall describe the factors supporting a reinstatement of parental rights. The court shall order a preliminary hearing to be held within ninety days and shall give prior notice to:

(1) The former parent whose rights are sought to be reinstated;
(2) The child’s guardian ad litem;
(3) The department; and
(4) The child’s resource family.
(c) The motion shall be denied if the parent whose rights are sought to be reinstated cannot be located.
(d) Within seven days before the preliminary hearing on the motion, the department and the child’s guardian ad litem shall submit reports to the court that address:

(1) The material change in circumstances since the termination of parental rights;
(2) The reasons parental rights were terminated and the date of the termination order;
(3) A parent’s willingness to resume contact with the child and to have parental rights reinstated;
(4) The child’s willingness to resume contact with the parent and to have parental rights reinstated;
(5) A parent’s willingness and ability to be involved in the child’s life and to accept physical custody of the child; and
(6) Other relevant information.
(e) At a preliminary hearing on the motion, the court shall continue the prior award of permanent custody and may order a trial home placement and a temporary reinstatement of parental rights upon finding that:

(1) There has been a material change in circumstances;
(2) A parent is willing to provide care for the child;
(3) A parent is able to provide a safe family home or the home can be made safe with the assistance of services; and
(4) A trial home placement is in the child’s best interests.
(f) If the court issues a temporary order of reinstatement of parental rights:

(1) The child shall be conditionally placed in the physical care of the parent for a period not to exceed six months;
(2) The department shall develop a permanent plan for reunification and shall ensure that transition services are provided to the family, as appropriate; and
(3) The court shall hold a hearing on the motion to reinstate parental rights after the child has been placed with the parent for six months.
(g) The department has the authority to assess the trial home placement and to rescind the trial home placement according to the child’s best interests.
(h) At a final hearing on the motion to reinstate parental rights, the court may issue a final order of reinstatement of parental rights and terminate its jurisdiction if the trial home placement has been successful. In making its final decision, the court shall determine whether the moving party has proven by clear and convincing evidence that:

(1) Reinstatement of parental rights is in the best interests of the child, taking into consideration:

(A) Whether a parent has remedied the conditions that caused the termination of parental rights;
(B) The age and maturity of the child and the child’s ability to express a preference; and
(C) The likelihood of risk to the health, safety, or welfare of the child;
(2) A parent is able to provide the child with a safe family home;
(3) Both the parent and child consent to the reinstatement of parental rights; and
(4) The permanent plan goals for the child have not been and are not likely to be achieved.
(i) A proceeding to reinstate parental rights shall be a separate action from the proceeding for the termination of parental rights. The granting of the motion to reinstate parental rights shall not affect the validity of the original termination order.

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