In re: T.A.
CourtHawaii Intermediate Court of Appeals
Date FiledNovember 4, 2026
DocketCAAP-24-0000644
StatusPublished
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Full Opinion
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Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
04-NOV-2026
07:57 AM
Dkt. 132 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
IN THE INTEREST OF T.A.
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(CASE NO. FC-S 22-00052)
SUMMARY DISPOSITION ORDER
(By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)
Father-Appellant (Father) appeals from the Family
Court of the First Circuit's1 (family court) September 3, 2024
"Order Terminating Parental Rights" of child T.A. (TA) and
November 4, 2024 "Findings of Fact [(FOFs)] and Conclusions of
Law [(COLs)]" (FOFs/COLs).
Father sets forth five points of error on appeal,
contending that the family court erred by: (1) "converting a
voluntary foster custody placement into involuntary foster
custody and termination proceedings," and entering FOFs 33-36;
1 The Honorable Brian A. Costa presided.
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(2) terminating Father's parental rights because Petitioner-
Appellee Department of Human Services (DHS) failed to "prove by
clear and convincing evidence" that Father could not provide a
safe family home within a reasonable period of time;
(3) entering FOFs 118-19, 127, 133, 145, 151-52, 156-57, 161,
and 166-99; (4) entering COLs 5-23 because they rely on clearly
erroneous FOFs, and "an unsupported determination that DHS made
reasonable efforts and that Father could not provide a safe
family home within a reasonable period of time"; and (5)
"relying upon a legally deficient and lapsed permanent plan"
that failed to comply with Hawaii Revised Statutes (HRS) chapter
587A, and could not support a termination of parental rights.
Upon careful review of the record, briefs, and
relevant legal authorities, and having given due consideration
to the arguments advanced and the issues raised by the parties,
we consolidate and resolve Father's contentions of error as
follows.
(1) Father first contends that the family court erred
by "converting a voluntary foster custody placement into
involuntary foster custody and termination proceedings" by
permitting DHS to file the March 21, 2022 "Petition for
Temporary Foster Custody" while the March 9, 2022 Voluntary
Foster Custody Agreement (VFCA) still remained "in full force
and effect."
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The family court exerted jurisdiction over TA and the
parties, and awarded foster custody to DHS, through its entry of
the March 1, 2023 "Orders Concerning Child Protective Act"
(March 2023 Order). An order awarding foster custody to DHS is
a final and appealable order. In re Doe, 77 Hawaiʻi 109, 115,
883 P.2d 30, 36 (1994) ("[T]he family court's determination of
jurisdiction, followed by the award of foster custody, met the
requisite degree of finality of an appealable order[.]").
Father's October 3, 2024 appeal of the family court's Order
Terminating Parental Rights, and corresponding FOFs/COLs, is
untimely as to the March 2023 Order, and we therefore lack
jurisdiction over Father's challenge to the foster custody
award. See Rules Expediting Child Protective Appeals (RECPA)
Rule 3; Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 4(a);
see also Order Dismissing Mother Appellant's Appeal, In re K.D.,
No. 27663, 2006 WL 1519439, at *1 (Haw. May 30, 2006)
(determining that "the jurisdictional requirement for [timely]
appealing the [order awarding permanent custody] was not met by
mother-appellant and we lack jurisdiction over mother-
appellant's appeal").2
2 RECPA Rule 3 states, in relevant part,
When an appeal is permitted by law, the notice of
appeal shall be filed within 15 days after entry of the
judgment or appealable order or decree. If the appeal is
not filed within the 15-day period, but is otherwise filed
(continued . . .)
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(2) Father contends that DHS failed to prove by clear
and convincing evidence that Father could not provide a safe
family home within a reasonable time. Father relatedly
challenges FOFs 118-19, 127, 133, 145, 151-52, 156-57, 161, and
166-99, and COLs 5-23. We review the challenged FOFs under the
clearly erroneous standard and the challenged COLs under the
right/wrong standard. DL v. CL, 146 Hawaiʻi 328, 336, 463 P.3d
985, 993 (2020).
With regard to FOF 161,3 the record on appeal reflects
that the relevant text messages were sent on August 23, 2024,
not August 23, 2023 as erroneously represented. We therefore
conclude that the "mutually inconsistent dates" represented
therein amounts to harmless error. See Hawaiʻi Family Court
2(. . . continued)
within the time permitted by Rule 4 of the [HRAP], the
appeal shall not be dismissed for lack of jurisdiction, but
the appellate court shall require the late-filing party or
counsel to show cause as to why the party or counsel did
not comply with the 15-day filing requirement. Absent good
cause, the court may assess an appropriate monetary
sanction against the responsible party or counsel.
(Emphasis added.) HRAP Rule 4(a)(1) states, in relevant part, "[w]hen a
civil appeal is permitted by law, the notice of appeal shall be filed within
30 days after entry of the judgment or appealable order." (Emphasis added.)
3 Father challenges the dates in FOF 161 as inconsistent, and
therefore erroneous. FOF 161 states, in relevant part,
161. While the [Motion to Terminate Parental Rights]
was being litigated, Father got upset during the August 21,
2024 Zoom visit when [TA] said the word "punch", and Father
questioned [TA], swore, and thereafter sent text messages
to the DHS aide on August 23, 2023[.]
(Emphasis added.)
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Rules Rule 61 ("The court at every stage of the proceeding must
disregard any error or defect in the proceeding that does not
affect the substantial rights of the parties.").
With the exception of FOF 161, Father provides scant
support for his contention that the challenged FOFs are clearly
erroneous. It is not for this court to search the voluminous
record to "crystal[l]ize" Father's unsupported arguments. See
Haw. Ventures, LLC v. Otaka, Inc., 114 Hawaiʻi 438, 469 n.16, 164
P.3d 696, 727 n.16 (2007) (citation omitted). Father has not,
moreover, satisfied his burden to provide the court with a
"sufficient record to positively show the alleged error."4 See
Bettencourt v. Bettencourt, 80 Hawaiʻi 225, 230, 909 P.2d 553,
558 (1995) (citations omitted). We disregard contentions for
which Father "makes no discernible argument in support." See
Taomae v. Lingle, 108 Hawaiʻi 245, 257, 118 P.3d 1188, 1200
(2005) (citations omitted).
Having concluded that the challenged FOFs should be
affirmed, we next consider whether the unchallenged FOFs and
record evidence support the family court's conclusion that
4 It appears, moreover, that the transcript of the trial on DHS'
Motion to Terminate Parental Rights is incomplete. It was Father's
responsibility, as Appellant, to provide this court with a complete
transcript. "The burden is upon appellant in an appeal to show error by
reference to matters in the record, and he [or she] has the responsibility of
providing an adequate transcript." Bettencourt v. Bettencourt, 80 Hawaiʻi
225, 230, 909 P.2d 553, 558 (1995) (citations omitted).
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Father "is not presently willing and able to provide [TA] with a
safe family home, even with the assistance of a service plan"
and "[i]t is not reasonably foreseeable that [Father] . . . will
become willing and able to provide [TA] with a safe family home,
even with the assistance of a service plan, within a reasonable
period of time." See HRS § 587A-33(a)(1), (2) (2018).
The Hawaiʻi Supreme Court has defined "safe family
home" as a "family home in which the child's parents or legal
custodian can adequately provide for the child's physical and
psychological health and welfare and thereby adequately protect
the child from harm, be it actual, imminent, or threatened." In
re Doe, 95 Hawaiʻi 183, 194, 20 P.3d 616, 627 (2001) (citations
omitted); see also HRS § 587A-7 (2018) ("Safe family home
factors").
The record reflects that on March 16, 2022, after
Father had signed the VFCA, DHS "confirmed threat of abuse and
threatened neglect to [TA] by Father."
Pursuant to the March 2023 Order, which was entered
the following year, the family court awarded DHS foster custody,
ordered execution of the March 21, 2022 Family Service Plan, and
ordered Father to engage in individual therapy and "[Parent
Child Interactive Therapy (PCIT)] (when appropriate) as
recommended in [Father's] psychological evaluation."
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The May 11, 2023 Safe Family Home Report reported
incidents in which Father "verbally assault[ed] service
providers, state agencies, [Court Appointed Special Advocates],
DHS, and other individuals" through "combative and inappropriate
emails." (Formatting altered.) DHS recommended that Father
engage in individual therapy, anger management classes,
parenting classes, and domestic violence classes. Father had
started Comprehensive Counseling and Support Services (CCSS),
did not understand DHS' involvement or the "safety concerns that
[were] present," did not engage in therapy on a regular basis,
and had not complied with all of the recommended services.
(Formatting altered.)
On October 9, 2023, the family court found that Father
was not presently willing and able to provide TA with a safe
family home even with the assistance of a family service plan,
and ordered the continued foster custody of TA and the
September 27, 2023 Family Service Plan. The Family Service Plan
reported that Father had not completed Domestic Violence
Services for Families with Parents and Children Together, CCSS
Outreach Parenting Services, individual therapy, intensive home-
based services, and PCIT. The September 27, 2023 Safe Family
Home Report reported that although Father had completed five out
of the recommended eight anger management classes, he continued
to be combative with DHS, and "lack[ed] the insight about his
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anger and the coping skills needed [to] self-regulate in times
of anger." (Formatting altered.)
The January 9, 2024 Safe Family Home Report reported
that Father continued to be threatening, negative, and combative
towards DHS and service providers. Dr. Patricia Morgan, a
service provider from the Kapiʻolani Child Advocacy and
Protection Center, informed DHS that she was "taking protective
measure[s]" through Kapiʻolani Medical Center's legal department
because Father made her feel unsafe. (Formatting altered.)
Moreover, although Father had completed some of the recommended
services, Father did not "appear to understand the needs and
development of [TA]." (Formatting altered.) DHS recommended
termination of Father's parental rights, and for permanent
custody to be awarded to DHS.
The March 13, 2024 Supplemental Safe Family Home
Report to Court reported a delay of services to Father due to
Father's "inability to maintain stability in engagement in
services."
The April 9, 2024 Supplemental Safe Family Home Report
to Court reported that Father had been repeatedly emailing and
calling DHS, and that Father's emails "were of great concern to
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DHS." DHS filed reports with the Honolulu Police Department
regarding Father's threats.5
In April 2024, the District Court of the First Circuit
granted two DHS employees a temporary restraining order and an
injunction against harassment against Father.
Father does not challenge the family court's finding
that the date of TA's entry into foster care was May 15, 2022.
Nor does Father challenge the family court's finding that TA had
been in foster custody for two years and three months from the
date of entry into foster care at the time the family court
issued its decision to terminate Father's parental rights on
September 3, 2024. See HRS § 587A-33(a)(2); In re JH,
152 Hawaiʻi 373, 379, 526 P.3d 350, 356 (2023) ("Parents have two
years from a child's entry into foster custody to become willing
and able to provide a safe family home.").
On this record, we conclude that the family court did
not err in concluding that Father failed to demonstrate the
ability to provide a safe family home to TA within the two-year
period set forth by HRS § 587A-33(a)(2).
5 The record reflects that Father referred to DHS employees as "a
threat to [his] son," "Garbage," "fake Hawaiians," "dead men walking," and
"jackass[es]." Father's emails included statements, among other things, that
said he would "go hunting after Wednesday," "you will die," that "[he] will
protect [his] son . . . and eliminate all who has [sic] illegally separated
[his] son from [him]," and "return my son next week or else."
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(3) Father contends that the family court's adoption
of the January 10, 2024 Permanent Plan (2024 Permanent Plan) was
not in TA's best interest because the timelines set forth
therein had already expired and thus could not have satisfied
HRS §§ 587A-4 or -33 (2018). Father further contends that he
was deprived of due process because the termination of his
parental rights was "based on a written plan whose timelines
[had] already expired and whose operative terms [were]
effectively replaced by testimony at trial."
The record reflects that the family court's Order
Terminating Parental Rights adopted the 2024 Permanent Plan, as
amended to specify that placement for adoption would occur by
December 2024, and to calendar a permanency hearing for October
8, 2024. HRS § 587A-32(a)(2) (2018) provides that a permanent
plan shall "[e]stablish a reasonable period of time by which the
adoption or legal guardianship shall be finalized." The statute
does not "mandate specific parameters for determining the
reasonable time." In re J.F., No. CAAP-XX-XXXXXXX, 2025 WL
101647, at *4 (Haw. App. Jan. 15, 2025) (SDO).
Nothing in HRS §§ 587A-4, -32, or -33 provides that an
expired timeline in a permanent plan makes the plan "legally
deficient." Father's arguments lack merit.
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For the foregoing reasons, we affirm the September 3,
2024 Order Terminating Parental Rights.
DATED: Honolulu, Hawaiʻi, November 4, 2026.
On the briefs: /s/ Keith K. Hiraoka
Presiding Judge
Jacob G. Delaplane,
for Father-Appellant. /s/ Sonja M.P. McCullen
Associate Judge
Jonathan M. Fujiyama,
Deputy Attorney General, /s/ Kimberly T. Guidry
for Petitioner-Appellee.
Associate Judge
Cheryl Y. Arakaki,
for Guardian Ad Litem-
Appellee.
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