Bill Text: HI HB975 | 2021 | Regular Session | Amended
Bill Title: Relating To Reports Of Child Abuse.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-06-01 - Act 026, 05/28/2021 (Gov. Msg. No. 1126). [HB975 Detail]
Download: Hawaii-2021-HB975-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
975 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO REPORTS OF CHILD ABUSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature finds that the Child
Abuse Prevention and Treatment Act of 1974 (P.L. 93-247), as amended, provides
federal funding to states for prevention, assessment, investigation,
prosecution, and treatment activities for child abuse and neglect. On January 7, 2019, the Victims of Child
Abuse Act Reauthorization Act of 2018 (P.L. 115-424), was enacted, further
amending certain provisions of the Child Abuse Prevention and Treatment Act. The 2019 amendment provides immunity from
civil and criminal liability "for individuals making good faith reports of
suspected or known instances of child abuse or neglect, or who otherwise
provide information or assistance, including medical evaluations or
consultations, in connection with a report, investigation, or legal intervention
pursuant to a good faith report of child abuse or neglect."
The legislature further finds that due to
the impact of the coronavirus disease 2019 pandemic on the Hawaii state legislature's
regular session of 2020, the Children's Bureau of the Administration for
Children and Families of the United States Department of Health and Human Services,
granted the department of human services an extension until June 30, 2021, to
bring Hawaii's law into
compliance with federal law.
The
purpose of this Act is to bring state law into compliance
with the most recent amendments to the Child Abuse
Prevention and Treatment Act by no later than June 30, 2021.
SECTION
2. Section 350-3, Hawaii Revised
Statutes, is amended by amending subsection (a) to read
as follows:
"(a) Anyone participating in good faith in the
making of a report pursuant to this chapter shall have immunity from any
liability, civil or criminal, that might be otherwise incurred or imposed by or
as a result of the making of such report[.], including persons who
otherwise provide information or assistance, including medical evaluations or
consultation, in connection with a report, investigation, or legal intervention
pursuant to a good faith report of child abuse or neglect. Any such participant shall have the same immunity
with respect to participation in any judicial proceeding resulting from such
report."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on June 30, 2021.
Report Title:
Child Abuse; Reporting; Immunity; Liability; DHS
Description:
Adds immunity from civil and criminal liability for individuals who provide information or assistance in child abuse investigations. Effective 6/30/2021. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
