Honolulu CWS Attorneys

Representing Parents & Caregivers in Hawaii Child Welfare Cases

Smith & Sturdivant, LLLC represents parents and caregivers facing Child Welfare Services (CWS) involvement on Oahu. In Hawaii, child protective functions aren't handled by a standalone CPS agency. They're handled by the Child Welfare Services Branch (CWSB) of the Department of Human Services (DHS), and the legal process plays out in the Family Court of the First Circuit. Our founding attorney, Justin L. Sturdivant, has served as both a Guardian ad Litem and a Custody Evaluator, giving our team direct, practiced knowledge of how courts apply the "best interests of the child" standard that governs every CWS proceeding.

Our practice is 100% focused on family law. We handle CWS cases within the same team that handles custody, guardianship, and adoption for families throughout Honolulu and across Oahu.

If you're facing a CWS investigation or Family Court petition, call us at (808) 201-3898 for a free, confidential consultation.

How a CWS Case Works in Hawaii

Hawaii's CWSB investigates reports of child abuse, neglect, or threatened harm under HRS Chapter 587A (the Hawaii Child Protective Act) and HRS §350. These statutes define harm broadly: actual harm, risk of harm, and threatened harm to a child can all trigger an investigation. Once a report is received, a CWS caseworker is assigned to assess it. That caseworker may interview the child, parents, other family members, school staff, neighbors, and the child's pediatrician. Under HRS §587A-11(3), the caseworker can interview the child without a parent's presence or prior approval.

CWS caseworkers don't have independent authority to remove a child from the home. Removal requires either a law enforcement officer acting on the caseworker's determination or a court order. After removal, CWS has three working days to assess the home's safety. If the home isn't deemed safe, the child enters foster custody through one of two paths:

• Voluntary Foster Custody Agreement: Parents sign voluntarily and can cancel the agreement verbally at any time.
• Temporary Foster Custody Petition: Filed in Family Court, which must schedule a hearing within two working days.

The timelines in HRS §587A make early legal involvement urgent. Under HRS §587A-31, if a child has been in foster care for 12 consecutive months or 15 of the most recent 22 months, DHS must file a motion to terminate parental rights unless a documented compelling reason exists. A permanency hearing occurs within 12 months of the child's entry into foster care and at least every 12 months after that. Throughout these proceedings, the court appoints a Guardian ad Litem (GAL) or Court Appointed Special Advocate to represent the child's best interests independently of either parent.

Why Our Background Matters in CWS Cases

Most family law attorneys encounter GAL reports and custody evaluations from the outside. Attorney Justin L. Sturdivant has produced them. His firsthand experience as a Guardian ad Litem means we understand what GALs investigate, what they weigh in their reports to the court, and what judges rely on when making placement and permanency decisions. His work as a Custody Evaluator involved the same "best interests of the child" inquiry that drives many Family Court rulings in a CWS case.

That dual perspective shapes how we prepare our clients. We know what court-appointed evaluators are looking for because we've sat in that role. We practice exclusively at the Family Court of the First Circuit, where all Oahu CWS proceedings are heard at the Kapolei Judiciary Complex, and our focus doesn't shift to criminal defense or general civil work.

What We Do for Families Facing CWS Involvement

A CWS case moves through distinct stages, and each one carries specific legal risks. We represent clients at every phase:

• Investigation stage: We guide parents through interactions with caseworkers during home visits and interviews, helping you understand your rights before you respond to questions or agree to assessments.
• Case plan compliance: DHS creates a case plan as a roadmap parents must follow to demonstrate a safe home for the child's return. We help you understand each requirement, respond to unreasonable conditions, and document compliance.
• Family Court hearings: We represent you at temporary foster custody hearings, permanency hearings, and termination of parental rights proceedings and work to build evidentiary support for your position at each stage.
• Challenging unsubstantiated allegations: When the evidence doesn't support the claims against you, or when a case plan is being improperly administered, we work to present that evidence clearly to the court.
• Related family law matters: CWS cases often connect to guardianship arrangements or adoption proceedings following foster care. We handle those matters within the same practice so your case stays with one coordinated team.

Facing a CWS investigation or Family Court proceeding on Oahu? Contact Smith & Sturdivant, LLLC at (808) 201-3898 for a free consultation.

Frequently Asked Questions

When Should I Contact an Attorney During a CWS Case?

You have the right to consult an attorney at any point during CWS involvement, including the investigation phase, before any Family Court petition is filed, and throughout hearings. Early involvement gives your attorney time to work to protect your rights during caseworker interviews and help you avoid missteps that can affect your case later.

What If I Can't Afford a Private Attorney?

If your case proceeds to Family Court, the court will determine whether you qualify for a court-appointed attorney. Parents who don't qualify, or who prefer to choose their own counsel, retain a private attorney. A free consultation with our firm lets you understand your options and what's at stake before making that decision.

Can I Challenge a Family Court Order I Disagree With?

Yes. A parent may file a Motion for Reconsideration within a limited window after the order is issued. If it's denied, a Notice of Appeal can be filed with the Intermediate Court of Appeals, and the process can ultimately reach the Hawaii Supreme Court. Consult with an attorney about current deadlines before pursuing either option.

Protect Your Family's Future

A CWS case can change your family permanently. Having our attorneys who understand both sides of the Family Court process, from the GAL's investigation to the judge's ruling, can put you in a stronger position at every stage. We offer free, confidential consultations for families anywhere on Oahu.

Call Smith & Sturdivant, LLLC at (808) 201-3898 to discuss your case today.