S.B. 885 Summary

• Changes Hawaii Revised Statutes Section 587A-17 from discretionary to mandatory appointment of attorneys for indigent parents in foster care cases under the Child Protective Act.

• Requires courts to make every effort to appoint counsel at the first hearing attended by the legal parent, unless the parent knowingly and voluntarily waives the right to counsel on the record.

• Prohibits courts from entering rulings or orders that would prejudice a parent's rights until counsel appears or the parent waives counsel, except for orders necessary for child safety.

• Allows courts to grant counsel a continuance if appointed less than three days before the hearing, and extends coverage to parents previously represented by private counsel who are now indigent and unrepresented.

• Takes effect upon approval; addresses Hawaii Supreme Court holdings in In re T.M. (2014) establishing due process rights to appointed counsel in parental rights termination proceedings.