Hawaii Revised Statutes 587A-7.5 – Safe family home factors; disability
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Terms Used In Hawaii Revised Statutes 587A-7.5
- caregiver: as used in this chapter does not pertain to court-ordered or voluntary foster placement. 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
- 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
- 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
The court shall not consider the disability of a parent or caregiver to be the sole factor in the court’s determination made pursuant to this part. If the court makes a determination that a child‘s family is unable to provide a safe family home and one or more of the child’s parents or caregivers are disabled, the court shall make specific written findings stating the basis for this determination. The party attempting to demonstrate that the disability of a parent or caregiver impairs the parent’s or caregiver’s ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency.