Report Title:

Child Abuse; Reports

Description:

Requires members of the clergy to report cases of child abuse to the police or the department of human services; exempts confidential clergy communications.

THE SENATE

S.B. NO.

1017

TWENTY-THIRD LEGISLATURE, 2005

 

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 350-1.1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding any other state law concerning confidentiality to the contrary, the following persons who, in their professional or official capacity, have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future, shall immediately report the matter orally to the department or to the police department:

(1) Any licensed or registered professional of the healing arts and any health-related occupation who examines, attends, treats, or provides other professional or specialized services, including but not limited to physicians, including physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals;

(2) Employees or officers of any public or private school;

(3) Employees or officers of any public or private agency or institution, or other individuals, providing social, medical, hospital, or mental health services, including financial assistance;

(4) Employees or officers of any law enforcement agency, including but not limited to the courts, police departments, correctional institutions, and parole or probation offices;

(5) Individual providers of child care, or employees or officers of any licensed or registered child care facility, foster home, or similar institution;

(6) Medical examiners or coroners; [and]

(7) Employees of any public or private agency providing recreational or sports activities[.]; and

(8) A member of the clergy who is a minister, priest, rabbi, christian science practitioner, kahu, or other similar functionary of a religious organization; provided that this paragraph shall not apply to information gained from a confidential communication, admission, or confession in the context of the member's professional function while in the course of duties of the discipline as enjoined by the rules or practices of the religious body or of the religion which the member of the clergy professes; and provided further that this paragraph shall not be construed to modify or limit the duty of a member of the clergy to report the matter if the member is acting in any other capacity requiring a reporting under this paragraph."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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