Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 653 - CHILD SUPPORT, MEDICAL SUPPORT, AND THIRD-PARTY LIABILITY REQUIREMENTS
Subchapter 3 - ASSIGNMENT OF AND COOPERATION IN OBTAINING CHILD, SPOUSAL AND MEDICAL SUPPORT
Section 17-653-20 - Circumstances under which cooperation may be against the best interest of the child
Universal Citation: HI Admin Rules 17-653-20
Current through February, 2024
(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 to resolve 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.
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