THE SENATE

S.B. NO.

2892

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO REPORTS OF CHILD ABUSE.

 

 

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

 


SECTION 1. The Child Abuse Prevention and Treatment Act (CAPTA), as amended, provides federal funding to states for prevention, assessment, investigation, prosecution, and treatment activities for child abuse and neglect. On January 7, 2019, the Victims of Child Abuse Act Reauthorization Act of 2018 (P.L. 115-424), was enacted, further amending certain provisions of CAPTA. The 2019 amendment provides immunity from civil and criminal liability "for individuals making good faith reports of suspected or known instances of child abuse or neglect, or who otherwise provide information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect." 42 USCA 5106a(b)(2)(B)(vii).

The purpose of this Act is to bring state law into compliance with the most recent amendments to CAPTA by amending section 350-3(a), Hawaii Revised Statutes.

SECTION 2. Section 350-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Anyone participating in good faith in the making of a report pursuant to this chapter shall have immunity from any liability, civil or criminal, that might be otherwise incurred or imposed by or as a result of the making of such report[.] and this immunity shall also apply to persons who otherwise provide information or assistance, including medical evaluations or consultation, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report."

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 Statutory material to be repealed is bracketed and stricken.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.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Reports of Child Abuse

 

Description:

Adds immunity from civil and criminal liability for individuals who provide information or assistance in child abuse investigations.

 

 

 

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