Hawaii Child Abuse and Neglect
This is summary information, not the full statutory text. Be sure to check your state's statutes for the most current and complete information for mandated reporters in your state.
Definitions of Child Abuse and Neglect To better understand this issue and to view it across States, download the PDF (587 KB) of this publication. Physical Abuse Citation: Rev. Stat. § 350-1 'Child abuse or neglect' means acts or omissions that have resulted in the physical health or welfare of the child, who is under age 18, to be harmed or to be subject to a reasonably foreseeable, substantial risk of being harmed. The acts or omissions are indicated for the purposes of reports by circumstances that include but are not limited to: • When the child exhibits evidence of any of the following injuries, and such injury is not justifiably explained, or when the history given concerning such condition or death is at variance with the degree or type of such condition or death, or circumstances indicate that such condition or death may not be the product of an accidental occurrence: o Substantial or multiple skin bruising or other internal bleeding o An injury to skin causing substantial bleeding o Malnutrition or failure to thrive o Burns or poisoning o Fracture of any bone o Subdural hematoma or soft tissue swelling o Extreme pain or mental distress o Gross degradation o Death • When the child is provided with dangerous, harmful, or detrimental drugs; provided that this paragraph shall not apply when such drugs are provided to the child pursuant to the direction or prescription of a practitioner Neglect Citation: Rev. Stat. § 350-1 'Child neglect' occurs when a child is not provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision. Sexual Abuse/Exploitation Citation: Rev. Stat. § 350-1 The term 'child abuse or neglect' includes instances when the child has been the victim of: • Sexual contact or conduct including, but not limited to, sexual assault • Molestation or sexual fondling • Incest • Prostitution • Obscene or pornographic photographing, filming, or depiction, or other similar forms of sexual exploitation
Emotional Abuse Citation: Rev. Stat. § 350-1 The term 'child abuse or neglect' includes acts or omissions that have resulted in injury to the psychological capacity of a child as is evidenced by an observable and substantial impairment in the child's ability to function. Abandonment This issue is not addressed in the statutes reviewed. Standards for Reporting Citation: Rev. Stat. § 350-1.1 A report is required when there is reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future. Persons Responsible for the Child Citation: Rev. Stat. § 350-1 A 'responsible person' is any person who, or legal entity that, is: • In any manner or degree related to the child • Residing with the child • Otherwise responsible for the child's care Exceptions No exceptions are specified in statute.
Mandatory Reporters of Child Abuse and Neglect To better understand this issue and to view it across States, download the PDF (763 KB) of this publication. Professionals Required to Report Citation: Rev. Stat. § 350-1.1 The following persons are required to report: • Physicians, physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals • Medical examiners or coroners • Employees or officers of any public or private school • Child care employees or employees or officers of any licensed or registered child care facility, foster home, or similar institution • Employees or officers of any public or private agency or institution, or other individuals, providing social, medical, hospital, or mental health services, including financial assistance • Employees or officers of any law enforcement agency, including, but not limited to, the courts, police departments, departments of public safety, correctional institutions, and parole or probation offices • Employees of any public or private agency providing recreational or sports activities Reporting by Other Persons Citation: Rev. Stat. § 350-1.3 Any other person who becomes aware of facts or circumstances that cause the person to believe that child abuse or neglect has occurred may report.
Institutional Responsibility to Report Citation: Rev. Stat. § 350-1.1 Whenever a person designated as a mandatory reporter is a member of the staff of any public or private school, agency, or institution, that staff member shall immediately report the known or suspected child abuse or neglect directly to the department or to the police department and also shall immediately notify the person in charge or a designated delegate of the report made in accordance with this chapter. Standards for Making a Report Citation: Rev. Stat. § 350-1.1 A report is required when, in his or her professional or official capacity, a reporter has reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future. Privileged Communications Citation: Rev. Stat. § 350-5 The physician-patient, psychologist-client, husband-wife, and victim-counselor privileges are not grounds for failing to report. Inclusion of Reporter's Name in Report Not addressed in statutes reviewed. Disclosure of Reporter Identity Citation: Rev. Stat. § 350-1.4 Every reasonable good-faith effort shall be made by the department to maintain the confidentiality of the name of a reporter who requests that his or her name be confidential.
Retrieved Aug. 24, 2016 from https://www.childwelfare.gov/systemwide/laws_policies/state/
