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NOT FOR PUBLICATION NO. 25592 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I IN THE INTEREST OF JOHN DOE, Born on January 4, 2002 APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-S NO. 02-07982) (By: MEMORANDUM OPINION Burns, C.J., Lim and Foley, JJ.)

The mother (Mother) of a male child (Son) born on January 4, 2002 appeals from the November 26, 2002 Order Awarding Permanent Custody and January 10, 2003 Orders Concerning Child Protective Act entered in the Family Court of the First Circuit.1 The father (Father) cross-appeals from the same orders. affirm. BACKGROUND Son is the younger brother of the following three sisters: Daughter 1, born on May 25, 1984; Daughter 2, born on We

November 5, 1992; and Daughter 3, born on March 7, 1994. On July 12, 2002, after a trial, the court awarded permanent custody of Daughter 2 and Daughter 3 to the Director of Human Services, State of Hawai#i (Director) and ordered the April 24, 2002 service plan into effect. On October 8, 2002, the Department of Human Services (DHS) filed a Motion for Permanent Custody of Son.

1

Judge Kenneth E. Enright presiding.

NOT FOR PUBLICATION On November 26, 2002, after a hearing, the court entered its Order Awarding Permanent Custody of Son to the Director and ordered the September 30, 2002 Permanent Plan into effect. That Permanent Plan stated a "goal of adoption within

six months of [November 26, 2002,] the date that DHS is awarded Permanent Custody." On January 10, 2003, the court entered Orders Concerning Child Protective Act which, among other things, denied Mother's and Father's respective motions for reconsideration. On February 12, 2003, after Mother and Father each filed notices of appeal, the court entered Findings of Fact and Conclusions of Law which state, in relevant part, as follows:
FINDINGS OF FACT . . . . 1. On January 7, 2002, protective custody of [Son] was assumed by the Honolulu Police Department and immediately thereafter temporary foster custody of [Son] was assumed by DHS pursuant to HRS

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