§346-19.7  Prospective adoptive parents;standards and home studies.  (a)  The department shall develop standards toensure the reputable and responsible character of prospective adoptive parentsas defined in this chapter.

(b)  The department shall develop proceduresfor obtaining verifiable information regarding the criminal history and childabuse and neglect registry information of persons who are seeking to becomeadoptive parents.  The department or its designee shall obtain criminal historyrecord information through the Hawaii criminal justice data center inaccordance with section 846-2.7, and child abuse record information from thedepartment in accordance with departmental procedures.

(c)  Except as otherwise specified, any personwho seeks to become an adoptive parent, including all adults residing in theprospective adoptive home, shall:

(1)  Meet all standards and requirements establishedby the department;

(2)  Be subject to criminal history record checks inaccordance with section 846-2.7, and child abuse and neglect registry checks inaccordance with departmental procedures; and

(3)  Provide consent to the department to obtaincriminal history record and child abuse and neglect registry information.

Information obtained pursuant to subsection (b) andthis subsection shall be used by the department for the purpose of determiningwhether or not a person is suitable to be an adoptive parent.  All decisionsshall be subject to federal laws and regulations.

(d)  The department may deny a person'sapplication to adopt a child if either of the prospective adoptive parents orany adult residing in the prospective adoptive home was convicted of an offensefor which incarceration is a sentencing option, and if the department finds byreason of the nature and circumstances of the crime that either of theprospective adoptive parents, or any adult residing in the prospective adoptivehome, poses a risk to the health, safety, or well-being of the child.  A denialshall occur only after appropriate investigation, notification of results andplanned action, and opportunity to meet and rebut the finding, all of whichneed not be conducted in accordance with chapter 91.

(e)  The department may deny a person'sapplication to adopt a child if either of the prospective adoptive parents orany adult residing in the prospective adoptive home has a history of confirmedchild abuse or neglect, or both, revealed by the child abuse and neglectregistry check, and if the department finds by reason of the nature and circumstancesof the abuse or neglect, or both, that either of the prospective adoptiveparents or any adult residing in the prospective adoptive home poses a risk tothe health, safety, or well-being of the child.  A denial shall occur onlyafter an appropriate investigation, notification of results and planned action,and an opportunity to meet and rebut the finding, all of which need not beconducted in accordance with chapter 91.

(f)  The department may authorize or contractfor home studies of prospective adoptive parents for children under thedepartment's custody by experienced social workers with specialized adoptionexperience. [L 2000, c 108, §1; am L 2003, c 95, §9(4); am L 2007, c 46, §2; amL 2008, c 136, §2]