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GM 1148

Informing the Legislature that on May 27, 2026, the Governor signed the following bill into law: HB2096 HD2 SD1 (ACT 048).

2026 Regular Session

Establishes aggravated circumstances in Hawaii child protective cases and requires accelerated permanency actions, including timely termination of parental rights when found.

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Bill Summary · GM 1148

Overview

  • Jurisdiction: Hawaii
  • Session: 2026
  • Bill: HB 2096, HD 2, SD 1 (Act 048)
  • Title: Relating to aggravated circumstances in child protective proceedings
  • Purpose: Establish and define aggravated circumstances in Hawaii’s child protective proceedings and outline court procedures and timelines when aggravated circumstances are found or suspected.

Main purpose and intent

  • To streamline and strengthen the handling of cases where aggravated circumstances are present in child protective proceedings.
  • To require faster permanency actions and to clarify when the Department of Human Services should seek termination of parental rights (TPR) when aggravated circumstances exist.
  • To allow for consideration of aggravated circumstances at multiple points in a case (initial return hearing and any time before TPR).

Key provisions and changes

  • New statutory provision: Introduces “aggravated circumstances” in Hawaii Revised Statutes Chapter 587A.

    • At the return hearing (587A-28), the court must determine whether aggravated circumstances exist.
    • If aggravated circumstances are present:
    • The court must conduct a permanency hearing within 30 days.
    • The department (DHS) is not required to provide an interim service plan or visitation, and the court shall order the department to file, within 60 days after the finding, a motion to terminate parental rights unless the department documents a compelling reason not to file.
    • If aggravated circumstances are not present (or if there is a compelling reason not to file), the court must order reasonable efforts to reunify the child with the parents and to provide an appropriate service plan.
    • The court may still order an evidentiary hearing at any time during the case to determine whether aggravated circumstances are present; if found, the consequences in (a) apply.
    • The court may consolidate an aggravated circumstances hearing with a TPR hearing.
    • Any party must promptly inform the court upon receipt of evidence of aggravated circumstances.

  • Expanded definition of aggravated circumstances (587A-4):

    • Includes, among others:
    • Parental murder, solicitation, aiding, abetting, attempting, or conspiring to commit murder or voluntary manslaughter of another child of the parent.
    • Felony assault resulting in serious bodily injury to the child or another child of the parent.
    • Termination/divestiture of parental rights to a sibling.
    • Torture or a finding of torture by a court (even if not required to have a conviction for the offense).
    • Abandoned infant.
    • Sexual abuse against another child of the parent.
    • If the parent is required to register with a sex offender registry (specific cross-reference to federal definitions).

  • Provisions related to 587A-28 (e) modified:

    • When harm to the child’s health or welfare is found, the court must:
    • Determine jurisdiction and assess reasonable efforts to prevent removal in the first place.
    • Decide whether the child should be placed in foster custody or family supervision, based on safety and feasibility of a safe family home with services.
    • Consider whether to terminate parental rights if the family cannot provide a safe home, even with services.
    • Order reasonable visits, medical information releases, and other protections, including potential termination of parental duties if safety requires it.
    • Set timelines for foster care entry, periodic review hearings (no later than six months after foster care entry) and permanency hearings (no later than twelve months after entry).
    • Consider service plans and required treatments, including medical or psychological evaluations and possible hospitalizations if in the child’s best interests.

Who is affected

  • Children in Hawaii’s child protective and foster care systems.
  • Parents and legal guardians involved in protective proceedings.
  • Hawaii Department of Human Services (DHS) and the family court system.
  • Siblings of the protected child (as related to aggravated circumstances involving siblings).

Procedural and timeline aspects

  • Permanency hearing required within 30 days of finding aggravated circumstances.
  • Motion to terminate parental rights due to aggravated circumstances must be filed within 60 days after the finding, unless a written compelling reason not to file is documented.
  • Evidentiary hearings on aggravated circumstances may be held at any time before termination of parental rights.
  • Possible consolidation of aggravated circumstances hearings with termination hearings.
  • Regular safeguarding timelines:
    • Foster care entry date established.
    • Periodic review hearing within six months of foster care entry.
    • Permanency hearing within twelve months of foster care entry.
    • Status conference may be scheduled within 90 days after the return hearing.
  • Visitation: Courts may order supervised or unsupervised visits, including with siblings, unless unsafe or detrimental.
  • Medical information: Birth parents must provide medical information forms and releases; courts can order disclosure even if parents object.
  • Remediation and services: Courts may require service plans and payments for services, including medical or psychological treatments for the child as determined in the child’s best interests.

Effective date

  • This act takes effect upon approval (May 27, 2026).

Summary assessment

  • The bill introduces a formal framework for identifying and acting on aggravated circumstances in child protective cases, with accelerated timelines for permanency decisions when such circumstances are found.
  • It expands the set of conditions that may trigger more aggressive court actions, including potential early termination of parental rights.
  • It emphasizes safety, timely permanency, and clear court responsibilities, while preserving the option for evidence-based hearings at multiple stages of a case.

Compiled from official sources — confirm details with the bill’s official record.

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