Child Abuse Reporting Laws for Hawaii

State and Statute: Hawaii, Stats. §§ 350-1 et seq.

What Is Reportable "Abuse": Physical, sexual, or psychological abuse, or neglect, by any person who is in any manner or degree related to the child, is residing with the child, or is otherwise responsible for the child's care. (350-1(1)]

Mandatory Reporters: Includes members of the clergy, employees or officers of a private school, licensed child care facility, or any public or private agency providing recreational or sports activities who, in their professional or official capacity, have reason to believe that child abuse has occurred. [350-1.1]

How and Where to Report: Oral report, followed as soon as possible by written report, to Department of Human Services or the police department. Reporter “also shall immediately notify the person in charge or a designated delegate of the report” at the public or private schol, agency, or institution. [350-1.1(b)(c)]

Timeline to Report: Immediately. [350-1.1(a)]

Clergy Privilege: "Members of the clergy…provided that a member of the clergy shall not be required to report information gained solely during a penitential communication. When a clergy member receives reportable information from any other source, the clergy member shall comply with the reporting requirements of this section, regardless of whether the clergy member received the same information during a penitential communication.” [350-1.1(10)]

Penalty for Knowingly Failing to Report: Petty misdemeanor. [350-1.2]

Civil Liability for Failure to Report Recognized? No statute recognizes civil liability. Consult with legal counsel to ensure no recent court decisions in Hawaii have recognized civil liability.

Immunity for Inaccurate Report: "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." [350-3(a)]

Disclosure of Mandatory Reporter’s Identity: Department to make good-faith effort to maintain confidentiality of all mandatory reporters who request their identities be kept confidential. [350-1.4(b)]