The bill amends Hawaii Revised Statutes Section 350-1.1, imposing a requirement for members of the clergy to report instances of suspected child abuse or neglect when they believe there is a substantial risk of especially heinous or cruel acts occurring in the foreseeable future. This marks a significant shift in the state's approach to child protection by emphasizing the obligation to report when specific circumstances arise, thereby potentially increasing reporting rates and protecting more children from harm.
Summary
SB912 addresses the issue of child abuse reporting in Hawaii by modifying the current exemption for members of the clergy. It acknowledges that the existing exemption from mandatory reporting can be dangerous, as it might result in extreme cases of abuse going unreported if disclosed during confidential communications, such as confession. The bill aims to ensure a balance between confidentiality and the need to protect vulnerable children by detailing when clergy are required to break confidentiality in the face of potential future abuse or neglect.
Contention
While supporters of SB912 argue that it strengthens the protection of children by closing a loophole that clergy could exploit, opponents may view it as an infringement on religious freedoms and the sanctity of penitential communications. The critical contention revolves around the balance of maintaining confidentiality in religious practices against the urgent need to report and prevent child abuse, raising ethical questions about the responsibilities of clergy members in their dual roles as spiritual leaders and mandatory reporters.
Requiring a duly ordained minister of religion to report certain abuse and neglect of children except when reporting would violate the penitential communication privilege.
Requiring a duly ordained minister of religion to report certain abuse and neglect except when reporting would violate the penitential communication privilege and requiring training for persons obligated to report abuse and neglect.