HAWAII

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WHO:        ANY person MAY report if they become aware of facts or circumstances that cause them to believe child abuse or neglect has occurred or may occur.  [Rev. Stat. (20) § 350-1.3]

The following are mandatory (MUST report): • Any licensed or registered professional of the healing arts or 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 • Employees or officers of any public or private school • 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 • Employees or officers of any law enforcement agency, including but not limited to the courts, police departments, department of public safety, correctional institutions, and parole or probation offices • Individual providers of child care, or employees or officers of any licensed or registered child care facility, foster home, or similar institution • Medical examiners or coroners • Employees of any public or private agency providing recreational or sports activities. • [Rev. Stat. § 350-1.1]

·       NOTE: The mandate for professionals and officials is limited to expert observations. It is not limited to observations made at work.

·       STANDARDS: Child means a child who was born alive and is under age 18.  [Rev. Stat. §§ 350-1; 350-1.1(a); 350-1.3]

                               (1)        A mandated reporter in his/her professional or official capacity has reason to believe that (1) child abuse or neglect occurred OR (2) a substantial risk exists that it may occur in the reasonably foreseeable future. 

                               (2)        Other reporters: become aware of facts or circumstances which give them reason to believe that (a) child abuse or neglect occurred or (b) a substantial risk exists that child abuse or neglect may occur in the reasonably foreseeable future.

·       PRIVILEGE: Doctor-patient, psych-client, spousal, and victim-counselor privileges are NOT grounds to exclude evidence in child abuse judicial proceedings.  [Rev. Stat. § 350-5]  But victim-counselor privilege applies in treating the child’s emotional or psych effects and for safe house / shelter names, locations, and phone numbers. The victim, guardian, conservator, personal representative (of a deceased victim), and counselor at the time have the privilege, only on the victim’s behalf.  [Rev. Stat. § 626.505-5] 

WHEN:      For ALL reporters: IMMEDIATE oral report. For mandated reporters: a follow-up written report AS SOON AS POSSIBLE.  [Rev. Stat. §§ 350-1.1(a),(c); 350-1.3] 

WHERE & HOW:  Initial reports are orally to the Department of Human Services (DHS) OR police. For mandated reporters, a written report to DHS must follow, and may be required to include medical records (if the reporter is medical). [Rev. Stat. §§ 350-1.1(c),(d)]  For guides and checklists, see: https://humanservices.hawaii.gov/ssd/home/child-welfare-services/ 

 DHS receives reports 24/7:

·       For immediate threat of violence:       Dial 911

·       Child Abuse or Neglect:        

808-832-5300 for Oahu island oral report

808-832-5292 for Oahu island faxed written report

1-888-380-3088 (toll-free) for neighboring islands oral report

1-888-988-6688 (toll-free) for neighboring islands faxed written report

·       Child Trafficking:     

808-832-1999 for Oahu island oral report

808-832-5292 for Oahu island faxed written report

1-888-398-1188 (toll-free) for neighboring islands oral report

1-888-988-6688 (toll-free) for neighboring islands faxed written report

·       Written reports, MAY be mailed (instead of faxed) within 5 days to Child Welfare Services (CWS), 420 Waiakamilo Rd., Ste. 300A, Honolulu, HI 96817-4941. 

·       Report forms are available from CWS or in an online guide at http://humanservices.hawaii.gov/ssd/files/2013/01/MANDATED-REPORTER-HANDBOOK.pdf  (2007)

·       Police: reports are to the local – or nearest – county police department.  A directory is at https://www.usacops.com/hi/  For emergencies, dial 911 first and report afterward.

·       INSTITUTIONS: A mandatory reporter on staff at any public or private school, agency, or institution must immediately both (1) report to DHS or police AND (2) notify the head of the institution or a designated delegate.  [Rev. Stat. § 350-1.1(b)]

·       REPORT DETAILS:  Should contain as much as possible of: (a) name and address of the child and his/her parents or other persons responsible for care; (b) child's birthdate or age; (c) names and ages of others who live with the child and their relationship if known; (d) nature and extent of the child's injuries, and any sign of previous abuse or neglect; (e) incident date, time, and location; (f) child’s current location and condition; (g) identity of the alleged perpetrator or trafficker, and his/her whereabouts and history if available; (h) any other info that may help determine the cause of abuse or neglect; and whether a family member can protect the child. All written reports must contain (a), (b), (c), and (h). [Rev. Stat. § 350-1.1(c); https://humanservices.hawaii.gov/wp-content/uploads/2018/07/GUIDE-FOR-MANDATED-REPORTERS-Rev.-6-28-18-1.pdf]

·       REPORTER PROTECTION: (1) Statutes do not require reporters to provide their names. (2) DHS must make every reasonable, good-faith effort to keep a reporter’s name confidential if s/he requests it.  [Rev. Stat. § 350-1.4(b)]  (3) Any reporter in good faith is immune from civil and criminal liability. [Rev. Stat. § 350-3] 

WHY:        Any mandatory reporter who knowingly fails to report, or knowingly prevents another from reporting, commits a petty misdemeanor.  [Rev. Stat. § 350-1.2]

WHAT:      In Hawaii, child abuse or neglect includes acts or omissions that harm or threaten physical or psychological health or welfare, by physical harm, sexual abuse / exploitation, psychological injury, neglect, drug abuse, or labor or sex trafficking.  [Rev. Stat. § 350-1] 

Initial Screening Criteria (DHS): the report’s validity and child’s safety. (1) For high, severe, or severe threatened harm, DHS assesses further. (2) With less harm, there may be only short-term counseling, outreach, and/or support.  [Code of Rules § 17-1610-17]

Reportable: any person or legal entity that is related to the child in any manner or degree, residing with him/her, or otherwise responsible for care, if they are suspected of abuse or neglect shown here.  [Rev. Stat. § 350-1(1)]  But ANYONE is reportable for suspected acts or omissions that result in sex trafficking of a child.  [Rev. Stat. § 350-1(2)]  Abuse by others or outside that scope may be reportable to police like any other crime.

Physical Harm is actual or reasonably foreseeable and not (a) justifiably explained, (b) consistent with accounts given, and/or (c) circumstantially supported as non-accidental. Examples are: (i) substantial / multiple skin bruising or internal bleeding; (ii) substantially bleeding skin injury; (iii) malnutrition; (iv) failure to thrive; (v) burn(s); (vi) poisoning; (vii) bone fracture; (viii) subdural hematoma; (ix) soft tissue swelling; (x) extreme pain; (xi) extreme mental distress; (xii) gross degradation; and (xiii) death.  [Rev. Stat. § 350-1(1)]

Sexual Abuse [& Exploitation] is sexual contact or conduct with a child: (a) sexual assault, molestation, fondling, incest, or prostitution; (b) obscene or porn photos, filming, or depiction; or (c) similar acts.  [Rev. Stat. §§ 350-1(1)(B); 707-733; 712-1202(1)(b)] 

(A)     Sexual assault means knowingly: (a) compelling sexual contact; (b) exposing one’s genitals to alarm or frighten another; or (c) trespassing for surreptitious surveillance for one’s own sexual gratification.  [Rev. Stat. § 707-733] 

(B)     Incest is sexual penetration with one’s: (a) ancestor or descendant of any degree; (b) sibling of whole or half blood; or (c) uncle, aunt, niece, or nephew; all without regard to legitimacy.  [Rev. Stat. §§ 707-741; 572-1(1)] 

(C)     Context: the age of consent is 16. Persons age 14 or 15 may consent to a partner no more than 5 years older or their legal spouse.  [Rev. Stat. § 707-730, -731, 732] 

Psychological Harm means injuring a child’s psychological capacity, as evidenced by an observable, substantial impairment in ability to function.  [Rev. Stat. § 350-1(C)]

Neglect means a child is not provided with timely, adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision.  [Rev. Stat. § 350-1(1)(D)]

Drug Abuse means giving a child dangerous, harmful, or detrimental drugs, unless by a medical practitioner’s direction or prescription.  [Rev. Stat. § 350-1(E); (37) § 712-1240]

Labor Trafficking works a child for value, by kidnapping, extortion, force, imprisonment, deception/fraud, debt, scheme, or threat.  [Rev. Stat. § 350-1(F); § 707-780 ff.]

Sex Trafficking means to recruit, harbor, transport, provision, obtain, patronize, or solicit a person for the purpose of a commercial sex act (22 U.S.C. § 7102(12)); in a severe form the person is a child 22 U.S.C. § 7102(11)(A)).  [Rev. Stat. § 350-1(2)]