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HI HB1291

Bill

Status

Introduced

1/25/2023

Primary Sponsor

Andrew Garrett

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • Requires guardians ad litem, court-appointed special advocates, resource families, parties, social workers, and attorneys to immediately report in writing to family court when they have reason to believe a child in foster custody has suffered an injury that may constitute a tort claim.

  • Mandates family court to hold a hearing upon receiving a tort claim report and consider whether to appoint a master to investigate the potential claim.

  • Establishes that any court-appointed master must meet with outside counsel on behalf of the injured child, gather relevant records, and submit a written report with recommendations regarding whether to file a tort claim.

  • Authorizes family court to issue an order allowing a tort claim to be filed on behalf of an injured child and to appoint outside counsel to represent the child if determined to be in the child's best interest.

  • Provides that family court shall set periodic hearings to review the tort action and issue any other orders necessary to protect the injured child's interests during the proceedings.

Legislative Description

Relating To Family Court.

Minors

Last Action

Carried over to 2024 Regular Session.

12/11/2023

Committee Referrals

Judiciary & Hawaiian Affairs2/17/2023
Human Services1/30/2023

Full Bill Text

No bill text available