Report Title:

Mandatory Physical and Medical Forensic Examinations

Description:

Requires mandatory physical and medical forensic examinations of children placed in protective custody pursuant to chapter 350, Hawaii Revised Statutes; appropriates funds for forensic exams. (SD1)

THE SENATE

S.B. NO.

959

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to CHILD abuSe.

 

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

SECTION 1. Section 350-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Forensic medical examination" means a medical evaluation by a physician or nurse practitioner with advanced training in child abuse and neglect to determine the extent of injuries that a child has suffered. The evaluation shall include the following:

(1) Obtaining a detailed history of the alleged event and reported mechanism of injury;

(2) Interviewing or reviewing reports of interviews with all necessary parties;

(3) Reviewing scene investigation and integrating information with observed injuries;

(4) Reviewing past medical history and consultation with other health providers when necessary;

(5) Reviewing prior medical records for injuries or conditions that could potentially be attributable to maltreatment;

(6) Obtaining a developmental history and integrating the history with the proposed mechanism of injury;

(7) Conducting a physical examination of the child;

(8) Subspecialty pediatric consultation and coordination as indicated;

(9) Documentation and aging, when possible, of cutaneous injuries, with written documentation to be accompanied by color photographs, color video imaging, or color prints of the injuries; and

(10) Formulation of a detailed report of all findings, including treatment and follow-up recommendations, in the form and content suitable for admission into evidence in a court of law."

SECTION 2. Chapter 350, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§350-   Authorization for forensic medical examination, color photographs, x-rays, and radiological or other diagnostic examinations. (a) Any child health professional or paraprofessional, physician licensed or authorized to practice medicine in this State, including osteopathic physicians and surgeons, physicians in training, registered nurse or licensed practical nurse, psychologist, dentist, optometrist, chiropractor, podiatrist, or hospital or similar institution’s personnel engaged in the admission, examination, care, or treatment of patients, medical examiner, coroner, social worker, or police officer, who observes a child whom the person reasonably believes may have been subjected to child abuse or neglect, and the department upon taking custody of a child, shall make every good faith effort immediately:

(1) To refer the child to a medical facility qualified to perform a forensic medical examination and to document properly the injuries observed; or

(2) If a referral is not practicable, to take or cause to be taken color photographs of the areas of trauma visible on the child. If medically indicated, the person or the medical facility to which the child is referred 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 showing evidence of harm, imminent harm, or threatened harm to a child believed to have resulted from abuse or neglect shall be affixed to a written record that sets forth the date, the name of the child, the name of the person who took the photograph or x-rays, or conducted the forensic, radiological, or other diagnostic examination, and the name of any other individuals who witnessed the performance of the examination or the taking of the color photographs or x-rays or the performance of the radiological or other diagnostic examination.

Upon completion of the examination, a written record shall be immediately forwarded to the department."

§350-   Foster custody placements; mandatory physical examinations. (a) The department shall ensure that every child entering foster care receives a pre-placement physical examination within twenty-four hours of each placement. Every effort shall be made to ensure that this pre-placement physical is conducted by the child’s regular medical provider.

(b) In the event that the child's medical provider is unavailable or if there is no identifiable medical provider, the child shall be referred to a medical facility where a forensic medical examination is available for the child if needed. If a child is found to have evidence of recent injuries, the child shall be immediately referred for a forensic medical examination."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $       , or so much thereof as may be necessary for fiscal year 2003-2004, and the sum of $       , or so much thereof as may be necessary for fiscal year 2004-2005, for forensic medical examinations of children in foster custody placements.

The sums appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2003.