§587-25  Safe family home guidelines. 
(a)  The following guidelines shall be fully considered when determining
whether the child's family is willing and able to provide the child with a safe
family home:



(1)  The current facts relating to the child which
include:



(A)  Age and vulnerability;



(B)  Psychological, medical, and dental needs;



(C)  Peer and family relationships and bonding
abilities;



(D)  Developmental growth and schooling;



(E)  Current living situation;



(F)  Fear of being in the family home; and



(G)  Services provided the child;



(2)  The initial and any subsequent reports of harm
and threatened harm suffered by the child;



(3)  Date(s) and reason for the child's placement out
of the home, description, appropriateness, location of the placement, and who
has placement responsibility;



(4)  Historical facts relating to the alleged
perpetrator and other appropriate family members who are parties which include:



(A)  Birthplace and family of origin;



(B)  How they were parented;



(C)  Marital/relationship history; and



(D)  Prior involvement in services;



(5)  The results of
psychiatric/psychological/developmental evaluations of the child, the alleged
perpetrator, and other appropriate family members who are parties;



(6)  Whether there is a history of abusive or
assaultive conduct by the child's family or others who have access to the
family home;



(7)  Whether there is a history of substance abuse by
the child's family or others who have access to the family home;



(8)  Whether the alleged perpetrator(s) has
acknowledged and apologized for the harm;



(9)  Whether the non-perpetrator(s) who resides in the
family home has demonstrated the ability to protect the child from further harm
and to ensure that any current protective orders are enforced;



(10)  Whether there is a support system of extended
family, including adoptive and hanai relatives, and friends available to the
child's family and what attempts have been made to locate and identify extended
family, friends, or both;



(11)  Whether the child's family has demonstrated an
understanding and use of the recommended/court ordered services designated to
effectuate a safe home for the child;



(12)  Whether the child's family has resolved or can
resolve the identified safety issues in the family home within a reasonable
period of time;



(13)  Whether the child's family has demonstrated the
ability to understand and adequately parent the child especially in the areas
of communication, nurturing, child development, perception of the child and
meeting the child's physical and emotional needs; and



(14)  Assessment (to include the demonstrated ability
of the child's family to provide a safe family home for the child) and
recommendation.



(b)  The court shall consider the likelihood
that the current situation presented by the guidelines set forth in subsection
(a) will continue in the reasonably foreseeable future and the likelihood that
the court will receive timely notice of any change or changes in the family's
willingness and ability to provide the child with a safe family home. [L 1986,
c 316, §10; am L 1992, c 190, §10; am L 2008, c 199, §6]



 



Cross References



 



  Foster children; guiding principles of department, see
§587-3.



 



Case Notes



 



  Based upon statutory and regulatory mandates, the legislature
created a duty flowing to children specifically identified to the department of
human services as being the subject of suspected abuse; thus, the department
had a duty to protect the minor under the circumstances of the case.  117 H.
262, 178 P.3d 538.