Bill Text: HI SB965 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Reports Of Child Abuse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-17 - Re-Referred to JDC/HMS. [SB965 Detail]

Download: Hawaii-2018-SB965-Introduced.html

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THE SENATE	S.B. NO.	965
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

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 reporting of child abuse by mandated reporters should be expanded to include reports on known or suspected child victims of sex trafficking, in order to bring the State in compliance with the Justice for Victims of Trafficking Act of 2015, P.L. 114-22.  The legislature also finds that in order to comply with the Child Abuse Prevention and Treatment Act of 2010, P.L. 111-320, it is necessary to ensure that reports of child abuse and neglect, which are expunged from the State's central registry of reported child abuse and neglect cases, may be retained by the department for future risk and safety assessment purposes.

     The purpose of this Act is to revise section 350-1, Hawaii Revised Statutes, by amending the definition of child abuse and neglect to ensure that mandated reporters of child abuse and neglect report to the department known or suspected child victims of sex trafficking, and by amending section 350-2 to ensure that child abuse and neglect reports that are expunged may be retained by the department for future risk and safety assessment purposes.  Section 350-2 is also revised to replace references to unsubstantiated reports with not confirmed reports.  Section 350-2 is further revised to clarify that depending on the circumstances, child abuse reports may proceed either through the administrative procedure act or the family court.

     SECTION 2.  Section 350-1, Hawaii Revised Statutes, is amended to read as follows:

     "§350-1  Definitions.  For the purposes of this chapter, unless the context specifically indicates otherwise:

     "Child" means a person who is born alive and is less than eighteen years of age.

     "Child abuse or neglect" means [the]

     (1)  The acts or omissions of any person who, or legal entity which, is in any manner or degree related to the child, is residing with the child, or is otherwise responsible for the child's care, that have resulted in the physical or psychological health or welfare of the child, who is under the age of eighteen, to be harmed, or to be subject to any 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:

         (A)  When the child exhibits evidence of:

              (i)  Substantial or multiple skin bruising or any other internal bleeding;

             (ii)  Any injury to skin causing substantial  bleeding;

            (iii)  Malnutrition;

             (iv)  Failure to thrive;

              (v)  Burn or burns;

             (vi)  Poisoning;

            (vii)  Fracture of any bone;

           (viii)  Subdural hematoma;

             (ix)  Soft tissue swelling;

              (x)  Extreme pain;

             (xi)  Extreme mental distress;

            (xii)  Gross degradation;

           (xiii)  Death; 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; or

         (B)  When the child has been the victim of sexual contact or conduct, including, but not limited to, sexual assault as defined in the Penal Code, molestation, sexual fondling, incest, or prostitution; obscene or pornographic photographing, filming, or depiction; or other similar forms of sexual exploitation including but not limited to acts that constitute an offense pursuant to section 712-1202(1)(b); or

         (C)  When there exists injury to the psychological capacity of a child as is evidenced by an observable and substantial impairment in the child's ability to function; or

         (D)  When the child is not provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision;

         (E)  When the child is provided with dangerous, harmful, or detrimental drugs as defined by section 712-1240; provided that this paragraph shall not apply when such drugs are provided to the child pursuant to the direction or prescription of a practitioner, as defined in section 712-1240; [or]

         (F)  When the child has been the victim of labor trafficking under chapter 707[.]; or

     (2)  The acts or omissions of any person that have resulted in a child who is subjected to sex trafficking or severe forms of trafficking in persons.

     "Department" means the department of human services.

     "Report" means the initial oral statement and, if required by section 350-1.1(c), the subsequent written account concerning the facts and circumstances which cause a person to 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.

     "Severe forms of trafficking in persons" means sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained eighteen years of age.

     "Sex trafficking" means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act."

     SECTION 3.  Section 350-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read, as follows:

     "(d)  The department shall maintain a central registry of reported child abuse or neglect cases and shall promptly expunge the reports in cases if:

     (1)  The [department has found the reports to be unsubstantiated;] report is determined not confirmed by the department, an administrative hearing officer, or a Hawaii state court on appeal; or

     (2)  The petition arising from the report has been dismissed by order of the family court after an adjudicatory hearing on the merits pursuant to chapter 587A.

     [For purposes of expungement under paragraph (1), a report is unsubstantiated only when the department has found the allegations to be frivolous or to have been made in bad faith.

     However, the department may retain records and information of alleged child abuse and neglect with respect to the child who is the subject of the alleged abuse.]

A report that is expunged may be retained by the department for future risk and safety assessment purposes.

     The department shall adopt rules as may be necessary in carrying out this section."

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

     SECTION 5.  This Act, upon its approval, shall take effect on May 29, 2017.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Reports of Child Abuse

 

Description:

Adds sex trafficking to the definition of child abuse and neglect, along with a definition of sex trafficking, thereby updating the requirements of mandated reporters of child abuse and neglect to also report minor sex trafficking to the Department of Human Services.  Additionally, clarifies that the department may retain expunged reports of child abuse and neglect for risk and safety assessment and replaces references to unsubstantiated reports of child abuse or neglect with not confirmed reports of child abuse or neglect.  Also, clarifies that child abuse reports may proceed through the administrative procedure act or the family court.

 

 

 

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