Social Services; Adult Protective Services
Expands the list of persons mandated to report known or suspected abuse of vulnerable adults to include caregivers and the entity or agency designated by the governor to provide advocacy services to persons with developmental disabilities and mental illness. (SD1)
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ADULT PROTECTIVE SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 346-222, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Caregiver" means any person who has undertaken the care, custody, or physical control of, or who has a legal or contractual duty to care for the health, safety, and welfare of a dependent adult."
SECTION 2. Section 346-224, Hawaii Revised Statutes, is amended to read as follows:
Reports. (a) The following persons who,
in the performance of their professional or official duties, know or have reason to believe that a dependent
adult has been abused and is threatened with imminent abuse shall promptly
report the matter orally to the department of human services to the maximum extent
permitted by federal law:
(1) Any licensed or registered professional of the healing arts and any health-related occupation who examines, treats, or provides other professional or specialized services to dependent adults, including but not limited to, physicians, 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 agency or institution providing social, medical, hospital or mental health services, including financial assistance;
(3) Employees or officers of any law enforcement agency including, but not limited to, the courts, police departments, correctional institutions, and parole or probation offices;
(4) Employees or officers of any adult residential
care home, adult day care center, or similar institution; [
(5) Medical examiners or coroners[
(6) Employees or officers of the entity or agency designated by the governor pursuant to section 333F-8.5 to provide advocacy services to persons with developmental disabilities and mental illness in order to receive federal funds authorized by 42 U.S.C. sections 10801 and 15001; and
(7) Social workers.
(b) In addition to the persons enumerated in subsection (a), persons meeting the definition of a "caregiver", as defined in section 346-222, who know or have reason to believe that a dependent adult has been abused and is threatened with imminent abuse shall promptly report the matter orally to the department.
(c) The initial oral report required by
subsection (a) shall be followed as soon as possible by a written report to the
department; provided that where a police department is the initiating agency, a
written report shall not be required unless the police department has declined
to take further action and the department informs the police department that it
intends to pursue the matter of the orally reported incident of abuse.
All written reports shall contain the
name and address of the dependent adult and the person who or care organization
or care facility which is alleged to have committed or been responsible for the
dependent adult abuse, if known; the nature and extent of the dependent adult’s
injury or harm; and any other information the reporter believes might be
helpful in establishing the cause of the dependent adult abuse.
(d) This section shall not prohibit any of the persons enumerated in
subsection (a) from reporting incidents which those persons have reason to
believe involve abuse which came to their attention in any private or
(e) Any other person who has reason to
believe that a dependent adult has been abused or is threatened with imminent
abuse may report the matter orally to the department.
(e)] (f) Any person who
knowingly fails to report as required by this section or who wilfully prevents
another person from reporting pursuant to this section shall be guilty of a
(f)] (g) The department shall
maintain a central registry of reported cases."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.