Preview:

*** FOR PUBLICATION *** IN THE SUPREME COURT OF THE STATE OF HAWAI#I --- o0o ---

In the Interest of JANE DOE, Born on June 16, 1994, a minor.

NO.

24923

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-S NO. 01-07801) MARCH 20, 2003 MOON, C.J., LEVINSON, NAKAYAMA, AND ACOBA, JJ., AND CIRCUIT JUDGE CRANDALL, ASSIGNED BY REASON OF VACANCY OPINION OF THE COURT BY LEVINSON, J. The appellant Department of Human Services (DHS) appeals from: (1) the order of the district family court of the

first circuit, the Honorable John C. Bryant presiding, filed on December 6, 2001, (a) granting the appellee guardian ad litem's (GAL's)1 motion for immediate review, filed on November 29, 2001, (b) granting DHS's oral motion for foster custody of Jane Doe (Jane), (c) ordering that, except upon a showing of imminent physical harm, Jane not be removed from her current placement without a court order, and (d) ordering that DHS render foster care board payments to Jane's maternal aunt (Aunt); and (2) the family court's order, the Honorable John C. Bryant also presiding, filed on January 10, 2002, denying DHS's motion to reconsider, alter, or amend the order issued on December 6, 2001

On October 30, 2001, the family court appointed Tae Won Kim as Jane Doe's guardian ad litem.

1

*** FOR PUBLICATION *** or, in the alternative, for a stay of the order pending an evidentiary hearing [hereinafter, "the motion for reconsideration"]. On appeal, DHS contends (1) that the family court exceeded its statutory authority under Hawai#i Revised Statutes (HRS)

Download 24923.pdf

Hawaii Law