Section 17-1610-36 - Termination of parental rights hearing(a) The department shall file a petition for permanent custody of the child and request a hearing if there has been a determination that: (1) The court has made a finding that the child is an "abandoned infant" or that "aggravated circumstances" are present in the case, in which case the termination of parental rights hearing shall be heard by the court within thirty days of the judicial determination that the child is an abandoned child or has been subjected to aggravated circumstances;(2) The child's legal custodian is unwilling or unable to provide the child with a safe, nurturing home at any time during the duration of the case; or(3) The child has been in placement for a total of twelve consecutive months or an aggregate of fifteen out of the last twenty-two months from the initial date of entry into out-of-home care, calculated cumulatively from the initial date of out-of-home care, provided that the fifteen month time limit shall not include trial home visits or time the child may have been on runaway status in calculating the cumulative fifteen month time limit unless: (A) The child is being cared for by a relative;(B) There is documentation in the case plan which is available for court review of a compelling reason why filing a motion for permanent custody is not in the best interest of the child including the following: (i) Adoption is not the appropriate permanency goal for the child; or(ii) No grounds to file a petition to terminate parental rights exist; or(iii) The child is an unaccompanied refugee minor as defined in 45 CFR 400.111; or(iv) There are international legal obligations or compelling foreign policy reasons that would preclude terminating parental rights; or(v) The family has not been provided services, consistent with the time period that has been determined necessary for the safe return of the child.(b) If a petition is filed by an agency other than the department in accordance with subsection (a) (1) or (3) above, the department shall seek to join as a party to the petition.Haw. Code R. § 17-1610-36
[Eff DEC 09 2010] (Auth: HRS §§ 346-14, 350-2) (Imp: HRS § 587A-33; 42 U.S.C. §627; 45 C.F.R. §§1340.14, 1355.20, 1356.21, 1357 )