Section 17-1610-43 - Adoption services(a) Adoption services shall be provided to children who are legally-free, as well as to children who are not yet legally free for whom adoption is the goal. Adoption services shall be provided to: (1) Locate suitable adoptive homes for children needing adoption; and(2) Help children become members of a family who can give them the love, care, protection, and opportunities essential for their healthy growth and development.(b) The needs of the child shall be the primary determinant of the total service, with full recognition of the interrelated needs and interests of the child and prospective adoptive parent(s).(c) Adoption services provided shall ensure that: (1) The rights of the parent or legal custodian are respected;(2) The best interests of the child are protected; and(3) The prospective adoptive parents are able to provide appropriate care and supervision for the healthy growth and development of the child.(d) Only approved adoptive homes or licensed resource family homes shall be used for the placement of children with a goal of adoption.(e) The department may consider adoption by a licensed resource caregiver(s) if it is assessed by the department as being in the best interest of the child, and the home has been approved as an adoptive home in accordance with departmental procedures.(f) When an adoptive home is not available in the state, the department shall use child-specific state, regional, and national adoption exchanges, including but not limited to electronic exchange systems, to search for an appropriate adoptive home out-of-state.(g) The department shall not delay or deny to any person the opportunity to become an adoptive parent, on the basis of race, color, or national origin of the person, or of the child involved. However, the cultural, ethnic, or racial background of the child and the capacity of the adoptive parent(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 interest of the child.(h) The department shall not delay or deny the placement of a child under the jurisdiction of the department for adoption when an approved family is available out-of-state. Individuals who believe an adoptive placement has been delayed or denied due to where they reside shall be afforded the opportunity for a fair hearing pursuant to HAR 17-602.1.(i) An assessment of the child's needs and potential shall be conducted before the placement of the child into an adoptive home. When appropriate, the child shall be involved in the adoption planning and participate in the final adoption decision. Selection of the home shall be made in accordance with departmental procedures.(j) Placement of a child with prospective adoptive parent(s) shall be made only after the child and the prospective adoptive parent(s) are prepared for the placement in accordance with departmental procedures.(k) A placement shall be designated as the adoptive placement for the child when: (1) The home has been studied and approved as an adoptive home by the department or licensed child-placing organization;(2) The child has been legally freed for adoption;(3) The placement has been determined to be the placement that is most appropriate for the child's needs and in the child's best interests; and(4) The department and the prospective adoptive parent(s) have entered into a written agreement that formalizes the intent to proceed with the legalization of the adoption when the department is fully satisfied that the adoption is in the child's best interest. (l) After the child is placed with the prospective adoptive parent(s), the department shall assist the prospective adoptive parent(s) and the child with the adjustment and integration into a new family unit.(m) The department may remove the child at any time prior to the finalization of the adoption when such action has been determined to be in the child's best interest.(n) The department shall inform prospective adoptive parent(s) of the availability and eligibility criteria for adoption assistance pursuant to chapter 17-1620.(o) The department shall proceed with finalizing the adoption in accordance with departmental procedures when: (1) The child's birth parents' or legal custodians' rights have been relinquished or terminated by order of the court;(2) The department is satisfied with the progress of the placement;(3) The child has consented if required by statute, unless there is a finding by the court that finds the adoption is in the best interest of the child and orders the adoption to proceed; and(4) The prospective adoptive parents concur.(p) Post-adoption services may be provided by the department or other agencies to support the child and adoptive family after the finalization of the adoption, depending on the availability of resources.Haw. Code R. § 17-1610-43
[Eff DEC 09 2010] (Auth: HRS § 346-14) (Imp: HRS §§ 346-14, 578-8, 587A-33, Pub. L. No. 105-89 )