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In re John Doe
State: Hawaii
Court: Court of Appeals
Docket No: 22373
Case Date: 02/01/2001
Preview:NO. 22373 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I In the Interest of JOHN DOE, born on February 27, 1983, a child under the age of eighteen years (FC-S NO. 95-0001K) and In the Interest of JANE DOE, born on April 6, 1986, a child under the age of eighteen years (FC-S NO. 95-0002K) APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT SUMMARY DISPOSITION ORDER Burns, C.J., Lim and Foley, JJ.)

(By:

Petitioner-Appellant (Mother) is the mother of John Doe (John) born on February 27, 1983, and Jane Doe (Jane) born on April 6, 1986. The children have been in various foster homes

since December 25, 1994, when Mother was involuntarily admitted to Kona Hospital for psychiatric evaluation. In this case, Mother

Mother is the only person in "the children's family."

appeals the family court's September 23, 1998 Order Awarding Permanent Custody and Establishing a Permanent Plan that decided, in relevant part, as follows:
IT IS THE FINDING OF THE COURT by clear and convincing evidence, taking into consideration the guidelines for determining a safe home, that: 1. The children's family [Mother] is not presently . . . able to provide the children with a safe family home, even with the assistance of a service plan;

2. It is not reasonably foreseeable that the children's family [Mother] will become . . . able to provide the children with a safe family home, even with the assistance of a service plan, within a reasonable period of time. . . . . . . . IT IS HEREBY ORDERED, ADJUDGED AND DECREED: . . . . 2. That the parental and custodial duties and rights of the children's natural and legal mother, [Mother], are hereby divested pursuant to
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