STAND. COM. REP. NO. 190-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1859

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Human Services and Housing, to which was referred H.B. No. 1859 entitled:

"A BILL FOR AN ACT RELATING TO CHILD ABUSE,"

begs leave to report as follows:

The purpose of this bill is to require members of the clergy or persons who perform similar functions for a religious organization to report cases of child abuse or neglect to the police or Department of Human Services (DHS), except when the information is gained from confidential clergy communication.

DHS, Christian Science Committee on Publication, the Sex Abuse Treatment Center, Blueprint for Change, and several concerned individuals testified in support of this measure. The Roman Catholic Church in the State of Hawaii testified in support and requested amendments.

Your Committee finds that there have been situations where a clergyman was aware of a situation involving child abuse or neglect, but did not report it. Members of the clergy are placed in an awkward situation of having to maintain confidentiality of information while performing their duties.

Your Committee has amended this bill by:

(1) Defining "member of the clergy" to include persons performing similar functions for a religious organization;

(2) Clarifying that staff members of religious institutions are required to report child abuse or neglect;

(3) Making clarifying amendments to the exception for confidential information protected by the penitential privilege or similar privilege; and

(4) Making other technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Human Services and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1859, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1859, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services and Housing,

 

____________________________

MICHAEL PUAMAMO KAHIKINA, Chair