NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29983
IN THE INTERMEDIATE COURT OF APPEALS
=’\Zf
oF THE STATE oF HAWAI‘I
:N THE INTEREST oF RJ, JJ, MJ, DJ, RJ2, and’ §
Minors §§
513
APPEAL FROM THE FAMILY COURT OF THE FIFTH CI§éUIT
(FC-S NO. 07-OO668)
SUMMARY DISPOSITION ORDER
(By: Nakamura, C.J., Fo1ey and Leonard, JJ.)
Appellant Mother (Mother) appeals from the Decision and
Order Terminating the Parental Rights of [Mother] and Awarding
Permanent Custody filed on June lO, 2009 in the Family Court of
the Fifth Circuit (family court).l
On appeal, Mother contends the State of HawaiH.
Department of Human Services (DHS) failed to prove that she could
not provide a safe family home. Mother argues that none of the
service providers stated that she lacked insight to provide a
safe home and a lone social worker from DHS determined that
Mother lacked insight. Mother further argues that if she failed
to achieve insight, then DHS failed to provide her with an
adequate service plan designed to give her insight.
Upon careful review of the record and the briefs
submitted by the parties and having given due consideration to
the arguments advanced and the issues raised by the parties, as
well as the relevant statutory and case law, we resolve Mother's
points of error as follows:
DHS proved by clear and convincing evidence that Mother
was not presently willing and able to provide a safe family home
1 The Honorable Calvin K. Murashige presided.
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
and would not be willing and able to provide a safe family home
in the reasonably foreseeable future even with the assistance of
a service plan.
Although Mother argues that DHS's contention that she
lacked "insight" is a red herring and a lone DHS social worker
should not make such a determination, there is ample evidence
that Mother cannot provide a safe family home for her children.
Initially,_Mother denied any physical abuse of her children had
occurred. However, evidence in the record indicates that several
of the children reported being physically abused by her and her
male associate. One child had scars on his arm and back from
being whipped with an object. Yet, Mother continued to deny that
any abuse occurred, continued her relationship with her male
associate despite her children's fear the male associate would
harm or kill them, and stated that her children were lying about
the abuse. Mother's continued denial that abuse occurred
demonstrates she cannot grasp the basic reason why DHS is still
involved with her and her children after two years.
Mother demonstrated she could not presently provide a
safe family home because she did not address her children's fear
of her male associate. Mother's refusal to address claims of
abuse and statements that her children were lying also
demonstrate that she would be unwilling to protect them in the
future because she would not believe any claims of abuse or
address claims of abuse.
Mother's claim that DHS failed to provide an adequate
service plan is without merit. There is no service plan DHS can
provide that can force Mother to acknowledge that her children
were abused if she simply chooses to ignore the voluminous and
credible evidence presented to her.
Therefore,
IT IS HEREBY ORDERED that the Decision and Order
Terminating the Parental Rights of [Mother] and Awarding
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
Permanent Custody filed on June l0, 2009 in the Family Court of
the Fifth Circuit is affirmed.
DATED= Hc>nolulu, Hawai‘i, september 10, 2010.
On the briefs:
Herbert Y. Hamada
for Mother-Appellant. é§%S'€z{ ;Zz;§
Russell K. Goo, Chief Judge
Jay K. Goss,
Mary Anne Magnier,
Deputy Attorneys General, _
for Department of Human &Lp 1
Services-Appellee `
Associate Judge
Assoc ate udge