Section 17-1610-41 - Out-of-home placement services(a) The department shall remove the child from the family home if the home is assessed as unsafe, even with the assistance of a service plan.(b) If placement of a child out of the family home is determined necessary to ensure the safety of the child, the department shall: (1) Place the child only: (A) Through the legal custodian's signed, valid voluntary foster custody agreement, which specifies at a minimum the legal status of the child, and the rights and obligations of the legal custodian of the child and the department while the child is in out-of-home placement;(C) By assuming temporary foster custody of a child subject to court ordered family supervision and placing the child in foster care, pursuant to section 587A-4 HRS; or(D) By the transfer of protective custody from the police.(2) Make reasonable efforts to place the child in the least restrictive and most family-like setting available which is able to meet the child's needs;(3) Make reasonable efforts to place the child in close proximity to the family home;(4) Make reasonable efforts to maintain the child in the same school, when appropriate;(5) Make reasonable efforts to place siblings together, when appropriate;(6) Make reasonable efforts to place siblings removed from their home in the same foster care, adoption, or guardianship placement, or facilitate visitation or ongoing contacts with those who cannot be placed together, unless it is contrary to the safety or well-being of any of the siblings to do so.(7) Within thirty days after the removal of a child from the custody of the parent or parents of the child, the department shall exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of the child (including any other adult relatives suggested by the parent), subject to exception due to family violence, that: (A) Specifies that the child has been or is being removed from the custody of the parent or parents of the child;(B) Explains the options the relative has under federal, state, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice;(C) Describes how a family can become a licensed resource family home and the additional services and supports that are available for the children placed in such a home; and(D) Describes how the relative guardian of the child may subsequently enter into a kinship guardianship agreement with the department to receive the kinship guardianship payments;(8) Exercise due diligence to assure that each child receiving a title IV-E foster care, adoption, or guardianship payment is a full-time elementary or secondary school student, or is incapable of attending school due to a documented medical condition.(9) Exercise due diligence to inform prospective adoptive parents of the adoption tax credit.(10) Place a child under the department's placement responsibility in a licensed home or facility, after first considering, when appropriate, placement with relatives who meet the department's licensing standards;(11) Not delay or deny to any person the opportunity to become an adoptive or resource caregiver, on the basis of race, color, or national origin of the person, or of the child involved;(12) Not delay or deny the placement of a child, or otherwise discriminate in making placement decisions solely based on the race, color, or national origin of the resource caregiver or the child involved. However, the cultural, ethnic or racial background of the child and the capacity of the resource caregiver(s) to meet the needs of the child of such background may be considered as factors when making a determination of placement that is in the best interests of the child;(13) Not maintain any statute, regulation, policy, procedure or practice that, on its face, is a violation of 45 CFR §1355.38(a) (2) (iii); and(14) Ensure that the child, if eligible under chapter 17-1617, receives federally funded foster care payments through Title IV-E.(c) The department shall ensure that each child entering foster care is provided with medical services pursuant to HRS 350, HRS 346, in accordance with departmental procedures. In addition: (1) As a requirement for admission into a resource family home or on-call resource family home, the child shall have a physical examination prior to placement or, in emergency situations, after placement, which shall indicate the absence of any communicable condition, known allergies, physical handicaps or limitations, and specific health needs. The physical examination shall also include a chest x-ray or a tuberculin skin test for a child fifteen years or older; or(2) As a requirement for admission into a group home or child-caring institution, the child shall have a physical examination prior to admission which shall indicate the absence of any communicable condition, known allergies, physical handicaps or limitations, and specific health needs. The physical examination shall also include a chest x-ray or a tuberculin skin test for a child fifteen years or older; and(3) Each child in foster care shall have a health record which shall include a record of immunizations. If no record is available on immunizations or the immunizations are not completed, immediate steps shall be taken to have the immunizations completed;(4) Each child in foster care shall have an annual physical examination which shall indicate the absence of any communicable condition, known allergies, physical handicaps or limitations, and specific health needs. The annual physical examination shall also include a chest x-ray or a tuberculin skin test for a child fifteen years or older; and(5) Each child in foster care shall have regular dental examinations and appropriate dental care.(d) The department shall notify the legal custodian in writing of any change in placement or visitation prior to the change, except in case of emergency when the legal custodian may be notified verbally, to be followed by written notice in accordance with departmental procedures.(e) The department shall make reasonable efforts to assist the family in reunifying with the child, except that reasonable efforts need not be made when a court of competent jurisdiction determines that: (1) The child has been found to be an abandoned infant; or(2) The legal custodian subjected the child to aggravated circumstances.(f) Services provided the child and family shall be in accordance with a case plan pursuant to section 17-1610-26.(g) The services may be provided directly by department staff, through purchase of service providers, or by other individuals or agencies through referral by the department.(h) If the child and family are determined eligible pursuant to chapter 17-1616, the department may utilize funds authorized to cover the cost of services to reunify the child with the family in the family home to the extent that funds are available.(i) The child shall be returned to the custody of the child's legal custodian when the department determines that the child's legal custodian is willing and able to provide a safe family home pursuant to chapter 587A, HRS.(j) When reunification is clearly and convincingly established as not being able to be accomplished in the reasonably foreseeable future pursuant to sect ion 17-1610-36, the department shall pursue permanent custody for the child at the earliest possible time in accordance with the concurrent permanency plan. (1) An assessment shall be made of the child to determine whether adoption is an appropriate permanency goal.(2) If adoption is not possible for a child, an assessment shall be made to determine the most appropriate long-term permanent placement option.Haw. Code R. § 17-1610-41
[Eff DEC 09 2010] (Auth: HRS §§ 346-14, 350-2) (Imp: HRS §§ 350-2, 587A-11; 42 U.S.C. §671(a); 45 C.F.R. §§1340.14, 1355.38; Pub. L. No. 110-351; 471(a)(29)of the Social Security Act)