§571-63  Findings and judgment.  No
judgment of termination of parental rights entered under sections 571-61 to
571-63 shall be valid or binding unless it contains a finding that the facts
upon which the petition is based bring the child within such sections and have
been proved by the evidence and that the adjudication of termination of
parental rights is necessary for the protection and preservation of the best
interests of the child concerned and will facilitate the legal adoption of the
child.



In any judgment entered pursuant to sections
571-61 to 571-63 the court may terminate the parental rights of one or both of
the parents of the child concerned, may transfer the care, custody and control
of the child to any proper person not forbidden by law to place a child for
adoption or to the department of human services or to any child-placing
organization approved by the department, may appoint a guardian of the child,
and may authorize the person or the department or the agency or the guardian to
consent to the legal adoption of the child.



No judgment of termination of parental rights
entered under sections 571-61 to 571-63 shall operate to terminate the mutual
rights of inheritance of the child and the parent or parents involved, or to
terminate the legal duties and liabilities of the parent or parents, unless and
until the child has been legally adopted.



Every such judgment of termination of parental
rights when the procedural provisions of sections 571-61 to 571-63 have been
followed shall become final and binding upon all of the parties concerned as of
the date of its entry and filing, subject to the right of appeal.  No such
judgment shall be set aside for reasons other than the best interests and
welfare of the child concerned, after the entry of a decree of adoption of the
child concerned or during any period when the child is in an adoptive home in
which the child has been placed by the department of human services or by a
child-placing organization approved by the department or by any person not forbidden
by law to place a child for adoption.  When any such child is placed for
adoption, a sworn certificate evidencing the placement shall be filed in the
termination proceeding by the agency or person making the placement.  Upon the
entry of a final decree of adoption of any such child, a certified copy of the
decree shall be filed in the termination proceeding and notification of the
entry of the decree, without disclosing the identity of the adopting parents,
shall, unless waived by the court, be given to each person whose parental
rights have been terminated by registered or certified mail addressed to the
last known address of each such person; provided that at any time following the
expiration of one year from the date of the entry of any such judgment of
termination of parental rights, upon the motion of the parent or parents of the
child or the department of human services or any child-placing organization
approved by the department or any other proper person, based upon the fact that
the child has not been adopted or placed in a prospective adoptive home, the
court in which the judgment was entered shall review the same and shall
consider the currently reported circumstances of the child and of the parent or
parents and shall enter its findings as to whether the circumstances, and the
present best interests of the child, justify the continuance of the judgment. 
Upon such reconsideration, the court may either set aside the judgment or
continue it in effect, as the circumstances may warrant.  Upon the entry in the
termination proceeding of a certified copy of the final decree of adoption of
any such child and notification thereof to the person whose parental rights
have been terminated, unless waived as herein provided, or upon the dismissal
or discontinuance or other final disposition of the petition in the termination
proceeding the clerk of the court shall seal all records in the termination
proceeding and the seal shall not be broken and the records shall not be
inspected by any person, including the parties to the termination proceeding,
except upon order of the court. [L 1965, c 232, pt of §1; Supp, §333-31; HRS
§571-63; am L 1970, c 105, §5; am L 1973, c 211, §1(i); am L 1976, c 85, §15;
am L 1987, c 339, §4; am L 2004, c 161, §36]



 



Case Notes



 



  Paramount consideration concerning child born out of wedlock
is the best interests of the child.  52 H. 448, 478 P.2d 844.



  Putative father's rights considered.  52 H. 448, 478 P.2d
844.



  "Clear and convincing evidence" standard of proof
should govern findings of best interest of child; specific finding of unfitness
need not be made before termination of parental rights.  64 H. 85, 637 P.2d
760.



  Only one parent's consent to adoption was required to place
children in custody of foster parents.  8 H. App. 377, 805 P.2d 1215.