THE SENATE

S.B. NO.

2461

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to CHILD SAFETY.

 

 

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

 

     SECTION 1.  Chapter 587A, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§587A-    Entry of child abuse perpetrator into central registry.  (a)  At any hearing conducted pursuant to chapter 587A, at which the court orders that a child be taken into or retained in custody, or finds that the child was abused or neglected, the court:

     (1)  Shall order, without possibility of waiver by the department, that the person's name be entered into the central registry if the court finds that there is a preponderance of the evidence that the person:

          (A)  Physically abused the child; provided that, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court may order that the person's name be entered into the central registry only if paragraph (2) applies;

          (B)  Sexually abused the child;

          (C)  Wilfully or recklessly neglected the child; or

          (D)  Gave birth to the infant and the infant:

               (i)  Tested positive for the presence of any amount of controlled substance, prescription drugs not prescribed to the mother, or metabolite of a controlled substance, unless the presence of the substance or metabolite is the result of a medical treatment administered to the infant or mother of the infant during birth; or

              (ii)  Was diagnosed with neonatal abstinence syndrome;

     (2)  May order, except as provided in paragraph (1), that the person's name be entered into the central registry if the court finds by a preponderance of the evidence that:

          (A)  The person abused or neglected the child in any manner, including the use of excessive corporal punishment; and

          (B)  The nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilfull or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.

     (b)  For purposes of this section, "central registry" means the central registry of reported child abuse or neglect cases maintained by the department pursuant to section 350-2."

     SECTION 2.  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 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[.]; or

     (3)  An investigation results in a service plan entered into pursuant to section 587A-11.

     Records and information contained in a report that is expunged may be retained by the department solely for future risk and safety assessment purposes."

     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:

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Report Title:

Child Protective Act; Family Courts; Central Registry of Reported Child Abuse and Neglect; Registration; Department of Human Services; Preponderance of the Evidence; Court Orders; Expungement; Service Plans

 

Description:

Requires a family court to order a person's name be entered in the central registry of reported child abuse and neglect cases under certain circumstances.  Allows the court to order a person's name be entered in the central registry of reported child abuse and neglect cases upon certain circumstances.  Requires the department of human services to expunge reports in the central registry of reported child abuse and neglect cases if an investigation results in a service plan.

 

 

 

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