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



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



(c)  Except as otherwise specified, any person
who seeks to become an adoptive parent, including all adults residing in the
prospective adoptive home, shall:



(1)  Meet all standards and requirements established
by the department;



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



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



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



(d)  The department may deny a person's
application to adopt a child if either of the prospective adoptive parents or
any adult residing in the prospective adoptive home was convicted of an offense
for which incarceration is a sentencing option, and if the department finds by
reason of the nature and circumstances of the crime that either of the
prospective adoptive parents, or any adult residing in the prospective adoptive
home, poses a risk to the health, safety, or well-being of the child.  A denial
shall occur only after appropriate investigation, notification of results and
planned action, and opportunity to meet and rebut the finding, all of which
need not be conducted in accordance with chapter 91.



(e)  The department may deny a person's
application to adopt a child if either of the prospective adoptive parents or
any adult residing in the prospective adoptive home has a history of confirmed
child abuse or neglect, or both, revealed by the child abuse and neglect
registry check, and if the department finds by reason of the nature and circumstances
of the abuse or neglect, or both, that either of the prospective adoptive
parents or any adult residing in the prospective adoptive home poses a risk to
the health, safety, or well-being of the child.  A denial shall occur only
after an appropriate investigation, notification of results and planned action,
and an opportunity to meet and rebut the finding, all of which need not be
conducted in accordance with chapter 91.



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