Report Title:

Dependent Adults; Abuse and Neglect

Description:

Requires the Department of Human Services (DHS) to inform the police of reports of adult abuse or neglect and authorizes police to access related records. Requires DHS to make a good faith effort to maintain the confidentiality of individuals who report abuse or neglect who want to remain anonymous. (HB2457 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2457

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DEPENDENT ADULT PROTECTIVE SERVICES.

 

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

SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part X to be appropriately designated and to read as follows:

"346- Action on reporting. (a) Upon receiving a report concerning dependent adult abuse or neglect, the department shall proceed pursuant to department rules.

(b) The department shall inform the appropriate police department of all reports received by the department regarding a case of dependent adult abuse or neglect received under section 346-224, excluding reports of self-neglect as described in section 346-222(6); provided that the name of a reporter, who requested that the reporter's name be confidential, shall be released to the police department only pursuant 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 dependent adult abuse or neglect when the information is required by the police department or the office of the prosecuting attorney for the prosecution of that case; provided that the name of a reporter, who requested that the reporter's name be confidential, shall be released to the police department or the office of the prosecuting attorney only pursuant to court order or the person's consent.

(d) The department shall adopt rules as may be necessary in carrying out this section."

SECTION 2. Section 346-224, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Any other person who has reason to believe that a dependent adult has been abused [or] and is threatened with imminent abuse may report the matter orally to the department."

SECTION 3. Section 346-225, Hawaii Revised Statutes, is amended to read as follows:

"[[]346-225[]] Confidentiality of reports. (a) All reports made pursuant to this part, including the identity of the reporting person, as well as all records of such reports, are confidential and any person who makes an unauthorized disclosure of a report or records of a report under this part 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) The director of human services may adopt, amend, or repeal rules, pursuant to chapter 91, to provide for the confidentiality of reports and records, and for the authorized disclosure of reports and records."

SECTION 4. Section 346-226, Hawaii Revised Statutes, is amended to read as follows:

"[[]346-226[]] Access to records. (a) Records of a dependent adult shall be obtained by the department or the dependent adult's court-appointed guardian ad litem with the written consent of the dependent adult or that person's representative, or by court order.

(b) Any person who reports to the department under section 346-224, upon demand of the department[,] or any police department, shall provide all information related to the alleged incident of dependent adult abuse or neglect, including[,] but not limited to[,] financial records, medical records, and medical reports, which were not included in the written report submitted pursuant to section 346-224(b)."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.