In re: Adoption of B.H.

• Court: Hawaii Intermediate Court of Appeals
• Decided: August 29, 2025
• Docket: CAAP-24-0000450
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 29-AUG-2025 11:27 AM Dkt. 107 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

IN THE MATTER OF ADOPTION OF B.H., by M.P. and C.P.

APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT (CASE NO. 2FAN-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, McCullen and Guidry, JJ.)

Petitioners-Appellants Adoptive Mother and Adoptive

Father (together, Adoptive Parents) 1 appeal from the Family Court

of the Second Circuit's May 31, 2024 "Findings of Facts and

Conclusions of Law and Order" denying their motion to set aside

the adoption of Minor. 2 Adoptive Parents challenge the family

court's order, asserting good cause existed to set aside the

adoption. We affirm.

1 We use the terms "Adoptive Mother[,]" "Adoptive Father[,]" and "Adoptive Parents" to readily distinguish the parties in this case. But we note that, upon adoption, the child is considered the natural child of the adopting parents. Hawai‘i Revised Statutes § 578-16 (Supp. 2023).

2 The Honorable James R. Rouse presided. The Honorable F. Matson Kelley presided over the adoption hearing. NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

For a brief background, Minor's mother passed away,

and Minor moved from Texas to live with her father on Maui.

Minor began exhibiting signs of mental health decline and

threatened to kill herself if she continued living with her

father. Adoptive Parents, Minor's godparents, stepped up to

adopt Minor. At the adoption hearing, Adoptive Mother stated

she loved Minor and could provide the extra support Minor

needed. The family court granted the petition for adoption.

Almost nine months after the hearing, Adoptive Parents

moved to set aside the adoption of Minor.

The family court denied the motion and Adoptive

Parents appealed. On appeal, Adoptive Parents argue there was

good cause to set aside the adoption because (1) there were

defects regarding the adoption, (2) the attorney had a conflict

of interest, and (3) it was in Minor's best interests. 3

3 In addition, Adoptive Parents challenge all findings "generally to the extent they are germane to this appeal" and sporadically reference various findings without quotation or proper reference to the findings. This challenge does not comply with Hawai‘i Rules of Appellate Procedure (HRAP) Rule 28(b)(4).

Adoptive Parents specifically challenge findings of fact 2, 3, 6-11, 14, 16-23, 26, 27, 29, 32, 34. Upon review, it appears the challenged findings were credibility determinations or supported by substantial evidence in the record. See Fisher v. Fisher, 111 Hawai‘i 41, 46, 137 P.3d 355, 360 (2006) (explaining credibility determinations will not be disturbed on appeal).

Adoptive Parents also contend conclusions of law (COL) 3-5, 8-14, and 16-21 are wrong. To the extent COL 3 and 4 discuss hānai relatives as related to the Interstate Compact on the Placement of Children (ICPC), the requirements of ICPC did not apply to this case as discussed below in section (1)(c). Thus, any error was harmless. The other challenged COL were not wrong. 2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

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 follows, and affirm.

(1) Adoptive Parents first contend there was good

cause to set aside the adoption based on defects in the

adoption. Adoptive Parents argue it was wrong to approve the

adoption because (a) there was insufficient evidence to

establish that the out-of-state adoption was in Minor's best

interests; (b) there was no proof that the Department of Human

Services (DHS) was timely notified; (c) the sending or receiving

state did not conduct an Interstate Compact on the Placement of

Children (ICPC) investigation; and (d) Adoptive Parents did not

receive a complete picture of Minor's mental state.

Hawai‘i Revised Statutes (HRS) § 578-12 (2018)

authorizes the family court, for good cause shown, to set aside

any decree of adoption within one year from its date of entry

and to make appropriate orders concerning the custody of the

minor who is the subject of the decree.

Generally, good cause "means a substantial reason; one

that affords a legal excuse[.]" Doe v. Doe, 98 Hawai‘i 144, 154,

44 P.3d 1085, 1095 (2002) (formatting altered and citation

omitted). Good cause "is a relative and highly abstract term,

and its meaning must be determined not only by verbal context of 3 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

the statute in which the term is employed, but also by context

of the action and procedures involved in the type of case

presented." Id. (cleaned up). "The determination of good cause

. . . rests in the exclusive judgment and discretion of the

judge." In re Adoption of Watson, 45 Haw. 69, 77, 361 P.2d

1054, 1058 (1961).

(a) Adoptive Parents argue good cause existed because

the evidence was insufficient to establish that the out-of-state

adoption complied with HRS § 578-8(a).

HRS § 578-8(a) (Supp. 2019) requires the court to be

satisfied that (1) the individual is adoptable, (2) the

individual is suitable for adoption, (3) the petitioners are fit

persons and financially able, and (4) the adoption is in the

child's best interests.

Testimony showed Minor's mother passed away, and Minor

was struggling with mental health issues. Adoptive Parents

testified they understood and were willing to assume the rights

and responsibilities for Minor. Testimony also showed Minor

would be the second adoptive child of Adoptive Parents, Minor

was their goddaughter, they loved her very much, and they had a

home where Minor would flourish and be loved and protected.

Adoptive Mother was a stay-at-home mom and Adoptive Father was a

cardiologist; they were married since 1999. Adoptive Parents

had no criminal convictions or prior contact with Child

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Protective Services. Minor, who was thirteen years old when the

adoption hearing occurred, confirmed verbally and in writing

that she wanted Adoptive Parents to adopt her.

The family court did not abuse its discretion in

declining to conclude good cause under these circumstances.

(b) Adoptive Parents argue good cause existed because

there was no proof DHS was timely notified under HRS § 578-8(b).

HRS § 578-8(b) (2018) requires the court to "notify

the director of human services of the pendency of such petition

for adoption and allow a reasonable time for the director to

make such investigation as the director may deem proper as to

the fitness of the petitioners to adopt the individual[.]"

At the adoption hearing, counsel for Minor's father

represented to the family court that the notice was mailed to

DHS and twenty-one days had passed without a response from DHS.

Copies of mailing receipts, filed after Petitioners filed their

motion to set aside the adoption, confirmed DHS received the

notice thirty-seven days before the adoption hearing.

Under these circumstances, we decline to conclude the

family court abused its discretion.

(c) Adoptive Parents argue good cause existed because

the sending or receiving state did not conduct an ICPC

investigation.

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However, the ICPC does not apply when certain

relatives or a non-agency guardian send or bring a child into a

receiving state. See HRS § 350E-1, Article VIII(a) (2015) ("The

compact shall not apply to . . . [t]he sending or bringing of a

child into a receiving state by his parent . . . and leaving the

child with any such relative or non-agency guardian in the

receiving state.").

Hawai‘i recognizes that a person may become a guardian

by parental appointment. HRS § 560:5-201 (2018) ("A person

becomes a guardian of a minor by parental appointment or upon

appointment by the court."). A parental appointment of a

guardian becomes effective upon the appointing parent's death.

HRS § 560:5-202(c) (2018).

Here, Adoptive Mother testified that after the death

of Minor's mother, she learned Minor's mother nominated Adoptive

Mother to be Minor's guardian. Thus, the ICPC did not apply to

this case.

declining to conclude good cause existed on this basis.

(d) Adoptive Parents argue good cause existed because

they were not given a complete picture of Minor's mental state.

The record shows Minor's father and Adoptive Parents

exchanged numerous text messages discussing Minor's treatment

and medical issues. Minor's father testified he provided

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everything he knew about Minor's condition to the Adoptive

Parents. Adoptive Father acknowledged he and Adoptive Mother

were allowed to and spoke with some of Minor's treatment

providers.

(2) Next, Adoptive Parents contend that Erica Amico,

attorney for Minor's father, acted as their de facto attorney,

had a conflict of interest, and failed to advise them to seek

their own counsel. 4

Whether an attorney-client relationship exists is a

question of fact. Woodfall v. Seitz, 133 Hawai‘i 449, 329 P.3d

354, No. CAAP-XX-XXXXXXX, 2014 WL 2921844, at * 3 (Haw. App.

June 27, 2014) (SDO), citing Stender v. Vincent, 92 Hawai‘i 355,

363, 992 P.2d 50, 58 (2000).

The family court found that "Petitioners did not

consult with, sign an engagement letter, or retain the services

of Erica Amico or the offices of Lowenthal & Lowenthal LLLC

throughout the adoption proceedings." This finding is not

clearly erroneous. Adoptive Father testified he did not believe

that Amico was representing them. Adoptive Mother did not

recall whether they signed an engagement letter, but

4 Adoptive Parents also contend that Amico failed to inform them of the DHS notice requirement and ICPC compliance. Based on the discussion in section (1), error, if any, would be harmless. 7 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

acknowledged they did not pay a retainer or attorney's fees to

Amico and were never told that Amico represented them.

In addition to failing to establish the existence of

an attorney-client relationship, Petitioners fail to establish a

conflict existed when the family court approved the adoption

with the consent of all parties.

Thus, the family court did not abuse its discretion in

declining to conclude good cause on this basis.

(3) Finally, Adoptive Parents contend the family

court erred by "stating that even if good cause existed to set

aside the adoption, the best interests of the child dictate

denying" the motion to set aside. (Emphasis omitted.)

Minor's father testified Minor was doing well in

foster care in California and that Maui did not have adequate

facilities to address Minor's needs. On two separate occasions

when Minor lived on Maui, Minor's father flew Minor off island

for treatment as there were no adequate facilities on Maui.

According to Adoptive Father, Minor was in another treatment

facility in California close to Adoptive Parents' home and doing

well right before she went to live in Adoptive Parents' home.

Thus, the record does not support Adoptive Parents'

contention that the family court incorrectly analyzed the best

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interests of Minor, and they point to no record evidence

suggesting Minor would do better returning to Maui.

For the foregoing reasons, we affirm the family

court's May 31, 2024 Findings of Facts and Conclusions of Law

and Order.

DATED: Honolulu, Hawaiʻi, August 29, 2025.

On the briefs: /s/ Katherine G. Leonard Presiding Judge Kai Lawrence, for Petitioners-Appellants. /s/ Sonja M.P. McCullen Associate Judge Peter Van Name Esser, for Respondent-Appellee. /s/ Kimberly T. Guidry Associate Judge