THE SENATE S.B. NO. 1129 THIRTY-FIRST LEGISLATURE, 2021 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:
THE SENATE S.B. NO. 1129
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
THE SENATE
S.B. NO.
1129
THIRTY-FIRST LEGISLATURE, 2021
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, 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 the Child Abuse Prevention and Treatment Act. 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 U.S.C. § 5106a(b)(2)(B)(vii). Due to the impact of COVID 19 pandemic on the 2020 session of the Hawaii State Legislature, the Children's Bureau of the Administration for Children and Families, the United States Department of Health and Human Services, granted the Department of Human Services an extension until June 30, 2021, to bring Hawaii's law into compliance with federal law. The purpose of this Act is to bring state law into compliance with the most recent amendments to the Child Abuse Prevention and Treatment Act by amending section 350-3(a), Hawaii Revised Statutes, effective no later than June 30, 2021. 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 but shall take effect no later than June 30, 2021. INTRODUCED BY: _____________________________ BY REQUEST
SECTION 1. The Child Abuse Prevention and Treatment Act, 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 the Child Abuse Prevention and Treatment Act. 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 U.S.C. § 5106a(b)(2)(B)(vii).
Due to the impact of COVID 19 pandemic on the 2020 session of the Hawaii State Legislature, the Children's Bureau of the Administration for Children and Families, the United States Department of Health and Human Services, granted the Department of Human Services an extension until June 30, 2021, to bring Hawaii's law into compliance with federal law.
The purpose of this Act is to bring state law into compliance with the most recent amendments to the Child Abuse Prevention and Treatment Act by amending section 350-3(a), Hawaii Revised Statutes, effective no later than June 30, 2021.
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 but shall take effect no later than June 30, 2021.
INTRODUCED BY: _____________________________
BY REQUEST
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. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.