Bill Text: HI HB2481 | 2022 | Regular Session | Introduced

Hawaii House Bill 2481 (Prior Session Legislation)

Introduced

Bill Title: Relating To Child Abuse Reporting.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2022-02-15 - Re-referred to JHA, referral sheet 16 [HB2481 Detail]

Download: Hawaii-2022-HB2481-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2481
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to child abuse reporting.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 350-1.1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding any other state law concerning confidentiality to the contrary, the following persons who, in their professional or official capacity, have 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, shall immediately report the matter orally to the department or to the police department:

(1) Any licensed or registered professional of the healing arts or any health-related occupation who examines, attends, treats, or provides other professional or specialized services, including but not limited to physicians, including physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals;

(2) Employees or officers of any public or private school;

(3) 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;

(4) Employees or officers of any law enforcement agency, including but not limited to the courts, police departments, department of public safety, correctional institutions, and parole or probation offices;

(5) Individual providers of child care, or employees or officers of any licensed or registered child care facility, foster home, or similar institution;

(6) Medical examiners or coroners;

(7) Employees of any public or private agency providing recreational or sports activities;

(8) Commercial film and photographic print or image processors;

(9) Commercial computer technicians; and

(10) Members of the clergy or custodians of records therefor; provided that a member of the clergy shall not be required to report information gained solely during a penitential communication[.], unless exigent circumstances exist that justify disclosure of the abuse or neglect, including the need to take immediate action for the purpose of preventing imminent harm to the child. When a clergy member receives reportable information from any other source, the clergy member shall comply with the reporting requirements of this section, regardless of whether the clergy member received the same information during a penitential communication. For purposes of this paragraph[~~, "penitential communication"~~]:

(A) "Member of the clergy" means a minister, pastor, priest, rabbi, Christian Science practitioner, or other similar functionary of a religious organization.

(B) "Penitential communication" means a communication, including a sacramental confession, that is intended to be kept confidential and is made to a member of the clergy who, in the course of the discipline or practice of the applicable religious organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of the applicable religious organization, has a duty to keep those communications secret."

SECTION 2. Section 626:1-506, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) Definitions. As used in this rule:

(1) A "member of the clergy" is a minister, pastor, priest, rabbi, Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the communicant.

(2) A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.

(b) General rule of privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a member of the clergy in the latter's professional character as spiritual advisor[.]; provided that a confidential communication relating to the known or suspected abuse or neglect of a person under the age of eighteen shall not be privileged under this rule when exigent circumstances exist that justify disclosure of the abuse or neglect, including the need to take immediate action for the purpose of preventing imminent harm to the person under the age of eighteen."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Child Abuse and Neglect; Mandatory Reporting; Members of the Clergy; Rules of Evidence; Privileged Communications

Description:

Amends the child abuse and neglect reporting requirement to specify that a member of the clergy shall not be required to report information gained solely during a penitential communication, unless exigent circumstances exist that justify disclosure of the abuse or neglect. Specifies that the general rule of privilege applicable to confidential communications made to a member of the clergy does not apply to communications relating to known or suspected child abuse or neglect when exigent circumstances exist that justify disclosure of the abuse or neglect.

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