Section 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.Haw. Code R. § 17-1610-44
[Eff DEC 09 2010] (Auth: HRS § 346-14) (Imp: HRS §§ 346-17, 587A-32)