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) 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.

(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 where a child is provided care, as defined in section 346-151, in accordance with an exclusion or exemption pursuant to section 346-152 and upon receipt of the consent of the child care provider, 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.

(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]

 

Cross References

 

Rulemaking, see chapter 91.

Vexatious litigants, see chapter 634J.

 

Case Notes

 

Cited: 711 F. Supp. 2d 1195 (2010).

 

 

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