§350-2 Action on reporting.

604 words·~3 min read·/hi/chapter-350/350-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Upon receiving a report concerning child abuse or neglect , the department shall proceed pursuant to chapter 587A and the department's rules.

(b)The department shall inform the appropriate police department of all reports received by the department regarding a case of child abuse or neglect, including reports received under section 350-1.1; provided that the name of the person who reported the case of child abuse or neglect shall be released to the police department pursuant only to court order or the person's consent.

(c)Upon receiving a report, if there is sufficient information to determine that the report involves a family where one of the parents, guardians, or alleged perpetrators is a member of an identifiable branch of the United States military, the department shall inform the appropriate authority for that branch of the military .

(d)The department shall inform the appropriate police department or office of the prosecuting attorney of the relevant information concerning a case of child abuse or neglect when the information is required by the police department or the office of the prosecuting attorney for the investigation or prosecution of that case; provided that the name of the person who reported the case of child abuse or neglect shall be released to the police department or the office of the prosecuting attorney pursuant only to court order or the person's consent.

(e)The department shall maintain a central registry of reported child abuse or neglect cases in accordance with section 350-2.5.

(f)For a confirmed case of child abuse or neglect that occurred at a licensed or registered child care facility as defined in section 346-151, the department may disclose that the report of child abuse or neglect was confirmed to any parent or guardian of a child who was enrolled at the licensed or registered child care facility as defined in section 346-151.

(g)For a confirmed case of child abuse or neglect that occurred at a child care facility as defined in section 346-151 that is operating in accordance with an exclusion or exemption pursuant to section 346-152 and upon receipt of consent, the department may disclose the report of child abuse or neglect was confirmed to any parent or guardian of a child who was enrolled at the child care facility.

(h)For a confirmed case of child abuse or neglect that results in a child's death or near fatality, the department may disclose to the public:

(1)The cause of and circumstances regarding the fatality or near fatality;

(2)The age and gender of the child;

(3)Information describing any previous reports and results of child abuse or neglect investigations that are pertinent to the child abuse or neglect that led to the fatality or near fatality; and

(4)The action taken by the department on behalf of the child that is pertinent to the child abuse or neglect that led to the fatality or near fatality.

(i)The department shall adopt rules as may be necessary in carrying out this section. [L 1967, c 261, §3; HRS §350-2; am L 1970, c 105, §5; am L 1987, c 204, §6 and c 339, §4; am L 1991, c 123, §1; am L 1998, c 134, §5; am L 1999, c 271, §5; am L 2010, c 135, §7; am L 2017, c 16, §3; am L 2018, c 176, §1; am L 2019, c 85, §1; am L 2024, c 147, §3; am L 2025, c 260, §2]

Cross References

Rulemaking, see chapter 91.

Vexatious litigants, see chapter 634J.

Case Notes

Cited: 711 F. Supp. 2d 1195 (2010).