In re: B.P.
── In re: B.P. ──
Court: Hawaii Intermediate Court of Appeals
Date: April 13, 2026
Category: General
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
13-APR-2026
09:07 AM
Dkt. 64 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
IN THE INTEREST OF B.P.
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-S NO. XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Hiraoka and McCullen, JJ.)
Mother-Appellant D.P. (Mother) appeals from the Family
Court of the First Circuit's October 9, 2024 order granting
Petitioner-Appellee the Department of Human Services' (DHS)
request to withdraw its August 28, 2024 Petition for Temporary
Foster Custody (Order Withdrawing Petition). 1
On appeal, Mother challenges the family court's
admission of exhibits that DHS and the Guardian Ad Litem (GAL)
offered and that the family court relied on in concluding that
Father-Appellee T.P. (Father) could provide a safe family home
1 The Honorable Lesley N. Maloian presided.
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
for B.P. (Child) and closing the underlying Child Protective Act
Case. Mother also challenges the family court's authority to
enter its findings and conclusions after she filed her notice of
appeal. 2
Upon careful review of the record and the briefs
submitted by the parties, and having given due consideration to
the issues raised and the arguments advanced, we resolve this
appeal as discussed below and vacate and remand.
Child was born to Mother and Father in 2019. Since
March 2024, DHS has received and investigated multiple reports
of abuse or neglect to Child by Mother, Father, and K.P.
(Maternal Grandmother). Without physical evidence, allegations
of sexual abuse and threats of abuse by Father went unconfirmed,
"but there was a concern of coaching by Maternal Grandmother."
In April 2024, Father filed for divorce from Mother in
1FDV-XX-XXXXXXX (Divorce Case). 3 A visitation order in the
Divorce Case limited Father's contact with Child to three times
a week, for approximately four hours at a time.
2 Although Mother's notice of appeal identifies and appends only the
October 9, 2024 Order Withdrawing Petition, Mother's abbreviated opening
brief indicates she also appeals from the family court's September 9, 2024
order granting DHS's Petition and awarding temporary family supervision with
placement to Father (Temporary Family Supervision Order). Given our
decision, we need not address Mother's arguments as to the September 9, 2024
Temporary Family Supervision Order, including alleged insufficiency of
service of process and the protective order.
3 The Honorable Robert J. Brown presided in the Divorce Case.
2
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
On August 24, 2024, DHS received and confirmed "a
report of threat of abuse and threatened neglect to" Child by
Mother and Maternal Grandmother. DHS assumed temporary foster
custody of Child on August 25.
On August 28, DHS filed its Petition and requested an
inquiry into the abuse allegations.
On August 30, the family court conducted a temporary
foster custody hearing. The family court judicially noticed the
"related records and files" in the Divorce Case and accepted
into evidence, ove
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}