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CHILD ABUSE

HRS div. 1, tit. 20, ch. 350
in effect

HRS §350-1 Definitions

350-1. Definitions For the purposes of this chapter, unless the context specifically indicates otherwise: "Aggravated circumstances" [Definition effective July 1, 2025.] means the same as defined in section 587A-4. "Child" means a person who is born alive and is less than eighteen years of age. "Child abuse or neglect" means: (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; or (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; (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); (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; (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 subparagraph 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 sex trafficking or severe forms of trafficking in persons; provided that no finding by the department pursuant to this chapter shall be used as conclusive evidence that a person has committed an offense under part VIII of chapter 707 or section 712-1202. "Department" means the department of human services. "Electronic medium" means any recording, synthetic media, magnetic disc memory, magnetic tape memory, compact disk, digital video disk, thumb drive, or any other data recording hardware or media used with a computer. "Harm" [Definition effective July 1, 2025.] means the same as defined in section 587A-4. "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" has the same meaning as provided in title 22 United States Code Annotated section 7102. "Sex trafficking" has the same meaning as provided in title 22 United States Code Annotated section 7102. "Threatened harm" [Definition effective July 1, 2025.] means the same as defined in section 587A-4. [L 1982, c 77, §1; am L 1983, c 171, §5; am L 1987, c 204, §3 and c 339, §4; am L 1988, c 141, §29; am L 2013, c 246, §3; am L 2017, c 16, §2; am L 2020, c 35, §2; am L 2022, c 109, §10; am L 2024, c 147, §1]

HRS §350-1.1 Reports

350-1.1. Reports (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 law enforcement, 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, except when the clergy member believes that there exists a substantial risk that child abuse or neglect that is especially heinous, atrocious, or cruel, manifesting exceptional depravity, may occur in the reasonably foreseeable future. When a clergy member receives reportable information from any source other than a penitential communication, 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: "Especially heinous, atrocious, or cruel, manifesting exceptional depravity" has the same meaning as in section 706-657. "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. (b) Whenever a person designated in subsection (a) 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. (c) The initial oral report shall be followed as soon as possible by a report in writing to the department; provided that: (1) If a police department or the department of law enforcement is the initiating agency, a written report shall be filed with the department for cases that the police or the department of law enforcement takes further action on or for active cases in the department under this chapter; (2) All written reports shall contain the name and address of the child and the child's parents or other persons responsible for the child's care, if known, the child's age, the nature and extent of the child's injuries, and any other information that the reporter believes might be helpful or relevant to the investigation of the child abuse or neglect; and (3) This subsection shall not be construed to serve as a cause of action against the department, the police, or the department of law enforcement. (d) Any person subject to subsection (a), upon demand of the department or any police department, shall provide all information related to the alleged incident of child abuse or neglect, including but not limited to medical records and medical reports and any image, film, video, or other electronic medium, that was not included in the written report submitted pursuant to subsection (c). (e) The director may adopt, amend, or repeal rules, subject to chapter 91, to further define or clarify the specific forms of child abuse or neglect enumerated in section 350-1 for use in implementing this chapter; provided that rules adopted under this subsection shall be limited to such further or clarifying definitions. [L 1967, c 261, §2; HRS §350-1; am L 1970, c 21, §1 and c 105, §5; am L 1975, c 147, §1; am L 1977, c 81, §2; am L 1979, c 171, §1; am L 1981, c 59, §1; ren and am L 1982, c 77, §2; am L 1985, c 17, §1 and c 208, §3; am L 1987, c 204, §4 and c 339, §4; am L 1988, c 323, §2; am L 1998, c 134, §4; am L 1999, c 271, §4; am L 2000, c 248, §1; am L 2006, c 159, §1 and c 193, §2; am L 2020, c 35, §3; am L 2022, c 278, §17; am L 2023, c 80, §2]

HRS §350-1.2 Nonreporting; penalty

350-1.2. Nonreporting; penalty Any person subject to section 350-1.1(a) who knowingly prevents another person from reporting, or who knowingly fails to provide information as required by section 350-1.1(c) or (d), shall be guilty of a petty misdemeanor. [L 1985, c 17, §3; am L 1987, c 204, §5 and c 339, §4]

HRS §350-1.3 Any person may report

350-1.3. Any person may report Any person, not otherwise required to report pursuant to section 350-1.1, who becomes aware of facts or circumstances which cause that 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, may immediately report the matter orally to the department or to the police department. [L 1987, c 204, §1]

HRS §350-1.4 Confidentiality

350-1.4. Confidentiality (a) All reports to the department concerning child abuse or neglect made pursuant to this chapter, as well as all records of such reports, are confidential. The director may adopt rules, pursuant to chapter 91, to provide for the confidentiality of reports and records and for the authorized disclosure of reports and records. Any person who intentionally makes an unauthorized disclosure of a report or record of a report made to the department shall be guilty of a misdemeanor. (b) Every reasonable good faith effort shall be made by the department to maintain the confidentiality of the name of a reporter who requests that the reporter's name be confidential. (c) Notwithstanding subsection (a) and section 346-10, the director may adopt rules pursuant to chapter 91 to provide for the release of information required by federal statute or regulation. [L 1987, c 204, §2; am L 1999, c 34, §2]

HRS §350-1.5 Authorization for color photographs, x-rays, and radiological or other diagnostic examination

350-1.5. Authorization for color photographs, x-rays, and radiological or other diagnostic examination (a) Any health professional or paraprofessional, physician licensed or authorized to practice medicine in this State, registered nurse or licensed practical nurse, hospital or similar institution's personnel engaged in the admission, examination, care, or treatment of patients, and any medical examiner, coroner, social worker, or police officer, who has before the person a child the person reasonably believes has been harmed, shall make every good faith effort to take or cause to be taken color photographs of the areas of trauma visible on the child. If medically indicated, such person may take or cause to be taken x-rays of the child or cause a radiological or other diagnostic examination to be performed on the child. (b) Color photographs, x-rays, radiological, or other diagnostic examination reports that show evidence of imminent harm, harm, or threatened harm to a child shall immediately be forwarded to the department. [L 2010, c 135, pt of §3]

HRS §350-1.6 Disclosure of records

350-1.6. Disclosure of records (a) The department shall disclose to resource parents and the foster child's principal treating physician copies of the foster child's complete medical records in the department's physical custody and relevant social history within thirty days of foster placement. (b) If a child is active in the child protective services system, physicians may share with other physicians, orally or in writing, or both, medical information without parental consent. (c) Any records or information released to a foster child's resource parents, or the foster child's principal treating physician pursuant to subsection (a), or any information shared by one physician with another physician pursuant to subsection (b), shall remain confidential in accordance with section 350-1.4. [L 2010, c 135, pt of §3]

HRS §350-1.15 Orientation and training

350-1.15. Orientation and training To improve the identification of child abuse and neglect, the department shall offer periodic orientation and training to those responsible for making child abuse and neglect reports pursuant to section 350-1.1. L 1988, c 323, §1

HRS §350-2 Action on reporting

350-2. Action on reporting (a) Upon receiving a report concerning child abuse or neglect, the department shall proceed pursuant to chapter 587A and the department's rules. (b) The department shall inform the appropriate police department of all reports received by the department regarding a case of child abuse or neglect, including reports received under section 350-1.1; provided that the name of the person who reported the case of child abuse or neglect shall be released to the police department pursuant only to court order or the person's consent. (c) The department shall inform the appropriate police department or office of the prosecuting attorney of the relevant information concerning a case of child abuse or neglect when the information is required by the police department or the office of the prosecuting attorney for the investigation or prosecution of that case; provided that the name of the person who reported the case of child abuse or neglect shall be released to the police department or the office of the prosecuting attorney pursuant only to court order or the person's consent. (d) [Subsection effective until June 30, 2025. For subsection effective July 1, 2025, see below.] 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 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. Records and information contained in a report that is expunged may be retained by the department solely for future risk and safety assessment purposes. (d) [Subsection effective July 1, 2025. For subsection effective until June 30, 2025, see above.] The department shall maintain a central registry of reported child abuse or neglect cases in accordance with section 350-2.5. (e) For a confirmed case of child abuse or neglect that occurred at a licensed or registered child care facility as defined in section 346-151, the department is authorized to disclose that the report of child abuse or neglect was confirmed to any parent or guardian of a child who was enrolled at the licensed or registered child care facility as defined in section 346-151. (f) For a confirmed case of child abuse or neglect that occurred at a child care facility as defined in section 346-151 that is operating in accordance with an exclusion or exemption pursuant to section 346-152 and upon receipt of consent, the department is authorized to disclose the report of child abuse or neglect was confirmed to any parent or guardian of a child who was enrolled at the child care facility. (g) For a confirmed case of child abuse or neglect that results in a child's death or near fatality, the department is authorized to disclose to the public: (1) The cause of and circumstances regarding the fatality or near fatality; (2) The age and gender of the child; (3) Information describing any previous reports and results of child abuse or neglect investigations that are pertinent to the child abuse or neglect that led to the fatality or near fatality; and (4) The action taken by the department on behalf of the child that is pertinent to the child abuse or neglect that led to the fatality or near fatality. (h) The department shall adopt rules as may be necessary in carrying out this section. [L 1967, c 261, §3; HRS §350-2; am L 1970, c 105, §5; am L 1987, c 204, §6 and c 339, §4; am L 1991, c 123, §1; am L 1998, c 134, §5; am L 1999, c 271, §5; am L 2010, c 135, §7; am L 2017, c 16, §3; am L 2018, c 176, §1; am L 2019, c 85, §1; am L 2024, c 147, §3]

HRS §350-2.5 Central registry; expungement

350-2.5. Central registry; expungement [Section effective July 1, 2025.] (a) The department shall maintain a central registry of reported child abuse or neglect cases. When the department confirms a report by a preponderance of the evidence that a person is the perpetrator of child abuse or neglect, harm, or threatened harm, the person's name shall be included in the central registry. (b) The department shall promptly expunge a person's name from the central registry if: (1) The report is determined not confirmed by the department, including after administrative proceedings conducted pursuant to chapter 91; provided that in an administrative appeal hearing, the department shall have the burden of proving by a preponderance of the evidence that the confirmation was correct; or (2) The family court determines that the report is not confirmed after: (A) A petition arising from the report filed pursuant to section 587A-12 has been dismissed by order of the family court because the court did not find sufficient evidence based upon a preponderance of the evidence to assume jurisdiction pursuant to section 587A-5; or (B) A written report with the disposition is submitted to the family court pursuant to a referral under section 586-10.5, and the family court finds that the facts supporting the confirmation were not proven by a preponderance of the evidence. The family court shall retain exclusive jurisdiction for purposes of determining that a report was correctly confirmed under this paragraph as long as the family court matter is pending. The person whose name is included in the central registry shall not request an administrative appeal hearing to contest the confirmation unless the family court dismisses or closes the related matter without making findings as to the facts supporting the confirmation. (c) A person who has been confirmed as the perpetrator of abuse or neglect, harm, or threatened harm, whose name has not been expunged from the central registry pursuant to subsection (b), may submit a request for expungement to the department; provided that: (1) The confirmation is more than five years old; (2) The record does not involve aggravated circumstances or conduct described in paragraph (1)(B) of the definition of child abuse or neglect in section 350-1; and (3) There are no other reports of abuse or neglect subsequent to the confirmation. Requests submitted that do not meet these minimum requirements shall be denied. (d) A person seeking to have the person's own name expunged pursuant to subsection (c) shall submit a request for expungement to the department on a form prescribed by the department. The request for expungement shall be reviewed in accordance with rules adopted by the department pursuant to chapter 91 that shall consider, at minimum, the following criteria: (1) Length of time since the report was confirmed; (2) Severity of the abuse or neglect, harm, or threatened harm; (3) Age of the child at the time of the report; (4) Age of the confirmed perpetrator at the time of the report; (5) Evidence of the confirmed perpetrator's rehabilitation; and (6) Any other relevant information received and deemed credible by the department. (e) Upon review of a request for expungement, the department may grant the request for expungement based on a finding of good cause shown that the expungement would serve the interests of justice. A person whose request for expungement is denied shall not submit another request for expungement for a period of five years from the date of the denial or five years from the date the denial is affirmed on appeal, whichever is later. (f) Notwithstanding any other provision of law to the contrary, the department may review reports on its own action and, in its discretion, may expunge a person's name from the central registry based on criteria established in rules adopted pursuant to chapter 91. (g) Records and information contained in a report for which a person's name is expunged from the central registry shall be retained by the department solely for future risk and safety assessment purposes. [L 2024, c 147, §2]

HRS §350-3 Immunity from liability

350-3. Immunity from liability (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. (b) Any individual who assumes a duty or responsibility pursuant to section 350-2 or chapter 587A shall have immunity from civil liability for acts or omissions performed within the scope of the individual's duty or responsibility. Nothing in this section shall limit the liability of the department, any other state agency, or any private organization for the conduct of individuals provided immunity herein. [L 1967, c 261, §4; HRS §350-3; am L 1986, c 229, §1; am L 1987, c 204, §7 and c 339, §4; am L 2010, c 135, §7; am L 2021, c 26, §2]

HRS §350-5 Admissibility of evidence

350-5. Admissibility of evidence The physician-patient privilege, the psychologist-client privilege, the spousal privilege, and the victim-counselor privilege shall not be grounds for excluding evidence in any judicial proceeding resulting from a report of child abuse or neglect pursuant to this chapter. [L 1967, c 261, §6; HRS §350-5; am L 1987, c 204, §8; am L 1992, c 217, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0350/HRS_0350-.htmFetched: 11/10/2026

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