Haw. Code R. § 17-1610-44 - Permanent out-of-home services
(a) If the child
cannot be reunified with the legal custodian and adoption is not possible,
permanent placement with specified individual(s), such as legal guardian(s) or
permanent custodian(s), shall be considered before long-term foster care.
Placement with appropriate family members, if determined to be in the best
interests of the child, shall be given first consideration pursuant to
departmental procedures.
(b)
Permanent out-of-home services shall be provided to:
(1) Locate suitable permanent homes for
children needing permanent placement; and
(2) Help children become members of a family
who can give them the love, care, protection, and opportunities essential for
their healthy personality growth and development.
(c) 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 permanent
caregiver(s).
(d) Only licensed
resource family homes or agency approved adoptive homes shall be approved for
permanent placement of a child.
(e)
The department shall not delay or deny to any person the opportunity to become
a resource caregiver, 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 permanent caregiver(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 interests of the
child.
(f) 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.
(g) An assessment of the child's needs and
potential shall be conducted before the placement of the child into a permanent
caregiver's home. When appropriate, the child shall be involved in the
permanency- planning and participate in the final decision. Selection of the
home shall be made in accordance with departmental procedures.
(h) Placement of a child with prospective
permanent caregiver(s) shall be made only after the child and the prospective
permanent caregiver(s) are prepared for the placement in accordance with
departmental procedures. The Department shall assist the prospective permanent
caregiver(s) and the child to facilitate the child's adjustment and integration
into the new family unit.
(i) A
placement shall be considered the prospective permanent placement for the child
when:
(1) The proposed, caregiver(s) is a
licensed resource caregiver(s) or meets the approval or certification
requirements of chapters 17-1625 or 17-1628 and is willing and able to provide
for the needs of the child; and
(2)
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.
(j) After the child is placed with the
prospective permanent caregivers(s), the department shall assist the
prospective permanent caregivers(s) and the child with the adjustment and
integration into a new family unit.
(k) The department may remove the child at
any time before the finalization of the permanent placement when such action
has been determined to be in the child's best interest.
(l) The department shall inform prospective
permanent caregiver(s) of the availability and eligibility criteria for
permanency assistance pursuant to chapter 17-1621.
(m) The department shall proceed with
finalizing the permanent placement in accordance with departmental procedures
when:
(1) The department is satisfied with
the progress of the placement;
(2)
The child, if appropriate, is in support of the permanent placement;
and
(3) The permanent caregiver(s)
agree to the permanent placement of the child in the home.
(n) Post-permanency services may be provided
by the department or other agencies to the child and family after the placement
of the child into the permanent home has been finalized, depending on the
availability of resources.
Notes
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