Haw. Code R. § 17-1705-20 - Circumstances under which cooperation may be against the best interest of the child

(a) Cooperation shall be against the best interest of the child only if it is reasonably anticipated to result in physical or emotional harm to the child or to the parent or caretaker relative, and the harm reduces the parent's or caretaker relative's capacity to care for the child adequately.

(b) Physical or emotional harm shall be of a serious nature that would affect the parent's or caretaker relative's ability to function if cooperation is required.

(c) A determination that good cause exists shall also be applied in cases where:

(1) The child was conceived as a result of incest or forcible rape;

(2) Legal proceedings for the adoption of the child are pending before a court; or

(3) The individual is currently being assisted by a public or private licensed social agency toresolve the issue of whether to keep the child or relinquish the child for adoption. The discussions on whether to keep or give up the child shall not have gone on for more than three months.

Notes

Haw. Code R. § 17-1705-20

[Eff 08/01/94] (Auth: HRS § 346-14) (Imp. HRS § 346-37.1; 42 C.F.R. §433.147; 45 C.F.R. §232.42 )