Bill Text: HI SR48 | 2012 | Regular Session | Introduced

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Bill Title: Reports on Abuse and Neglect; Adult Protective Services; Child Abuse; Department of Human Services; Department of Health; Judiciary Branch

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2012-03-28 - (S) The committee on HTH deferred the measure. [SR48 Detail]

Download: Hawaii-2012-SR48-Introduced.html

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THE SENATE	S.R. NO.	48
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

SENATE RESOLUTION

 

 

requesting the departments of human services and health to convene a task force to determine when and under what conditions reports of alleged vulnerable adult abuse, alleged child abuse, and confirmed child abuse or neglect should be expunged from the department of human services' central registry.

 

 

     WHEREAS, this body finds that it has become problematic for people to care for their children and grandchildren and to obtain employment due to suspected allegations or confirmed cases of abuse; and

 

     WHEREAS, section 350-2, Hawaii Revised Statutes, currently only requires the Department of Human Services to expunge its reports in the central registry of reported child abuse or neglected cases if:

 

     (1)  The Department has found the allegations to be frivolous or to have been made in bad faith; 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, Hawaii Revised Statutes; and

 

     WHEREAS, it remains unclear whether or not maintaining these unsubstantiated reports of abuse and neglect are warranted when they affect people's ability to secure employment, earn a livelihood, or care for family members; and

 

     WHEREAS, a task force with representation from executive agencies, the Judiciary, children and adult advocacy groups, parent and guardian advocacy groups, and other stakeholders will be in the best position to determine when and under what conditions records of unsubstantiated abuse and neglect should be expunged; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, that the Departments of Human Services and Health are requested to establish a task force to review the concerns arising from unsubstantiated and unconfirmed cases of child abuse and neglect, and adult abuse and neglect, as they relate to people seeking employment, and assess the times at which and conditions under which reports of alleged vulnerable adult abuse, alleged child abuse, and confirmed child abuse or neglect should be expunged from the Department of Human Services' central registry; and

 

     BE IT FURTHER RESOLVED that the task force shall include representation from the Departments of Health and Human Services, the Judiciary, members from children and adult advocacy groups, members of parent and guardian advocacy groups, and members of other stakeholder groups; and

 

     BE IT FURTHER RESOLVED that the task force is requested to submit findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2013; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Human Services, Director of Health, the Chief Justice of the Supreme Court, and the Public Defender.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Reports on Abuse and Neglect; Adult Protective Services; Child Abuse; Department of Human Services; Department of Health; Judiciary Branch