Bill Text: HI HB2425 | 2024 | Regular Session | Introduced
Bill Title: Relating To The Child Abuse And Neglect Central Registry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-07-02 - Act 147, 07/01/2024 (Gov. Msg. No. 1248). [HB2425 Detail]
Download: Hawaii-2024-HB2425-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2425 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE CHILD ABUSE AND NEGLECT CENTRAL REGISTRY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§350-A Central registry; expungement. (a) The department shall maintain a central
registry of reported child abuse or neglect cases. When the department confirms a report by a preponderance
of the evidence that a person is the perpetrator of child abuse or neglect as
defined in section 350‑1, or harm or threatened harm as defined in
section 587A-4, the person's name shall be included in the central registry.
(b)
The department shall promptly expunge a person's name from the central
registry if:
(1) The report is determined not confirmed by the department, including after administrative proceedings conducted pursuant to chapter 91; provided that in an administrative appeal hearing, the department shall have the burden of proving by a preponderance of the evidence that the confirmation was correct; or
(2) The family court determines that the report is not confirmed after:
(A) A petition arising from the report filed pursuant to section 587A-12 has been dismissed by order of the family court because the court did not find sufficient evidence based upon a preponderance of the evidence to assume jurisdiction pursuant to section 587A-5; or
(B) A written report with
the disposition is submitted to the family court pursuant to a referral under
section 586-10.5, and the family court finds that the facts supporting the
confirmation were not proven by a preponderance of the evidence.
The family court shall retain exclusive jurisdiction for
purposes of determining that a report was correctly confirmed under this
paragraph as long as the family court matter is pending. The person whose name is included in the
central registry may not request an administrative appeal hearing to contest
the confirmation unless the family court dismisses or closes the related matter
without making findings as to the facts supporting the confirmation.
(c) A person who has
been confirmed as the perpetrator of abuse or neglect as defined in section
350-1, or harm or threatened harm as defined in section 587A-4, whose name has
not been expunged from the central registry pursuant to subsection (b), may
submit a request for expungement to the department provided that:
(1) The
confirmation is more than five years old;
(2) The record
does not involve "aggravated circumstances" as defined in section
587A-4 or conduct described in paragraph (1)(B) of the definition of
"child abuse or neglect" in section 350-1; and
(3) There are no
other reports of abuse or neglect subsequent to the confirmation.
Requests submitted that do
not meet these minimum requirements shall be denied.
(d) A person seeking
to have the person's own name expunged pursuant to subsection (c) shall submit
a request for expungement to the department on a form prescribed by the
department. The request for expungement
shall be reviewed in accordance with rules adopted by the department pursuant
to chapter 91 that shall consider, at minimum, the following criteria:
(1) Length of time since the report was confirmed;
(2) Severity of the abuse or neglect, harm, or threatened
harm;
(3) Age of the child at the time of the report;
(4) Age of the confirmed perpetrator at the time of the
report;
(5) Evidence of the confirmed perpetrator's rehabilitation;
and
(6) Any other relevant information received and deemed
credible by the department.
(e) Upon review of a
request for expungement, the department may grant the request for expungement
based on a finding of good cause shown that the expungement would serve the
interests of justice. A person whose
request for expungement is denied may not submit another request for
expungement for a period of five years from the date of the denial or five
years from the date the denial is affirmed on appeal, whichever is later.
(f)
Notwithstanding any other provision of law to the contrary, the
department may review reports on its own action and, in its discretion, may
expunge a person's name from the central registry based on criteria established
in rules adopted pursuant to chapter 91.
(g) Records and
information contained in a report for which a person's name is expunged from
the central registry shall be retained by the department solely for future risk
and safety assessment purposes."
SECTION 2. Section 350-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The
department shall maintain a central registry of reported child abuse or neglect
cases [and shall promptly expunge the reports in cases if:
(1) The report is determined not confirmed by the department, an
administrative hearing officer, or a Hawaii state court on appeal; or
(2) The petition
arising from the report has been dismissed by order of the family court after
an adjudicatory hearing on the merits pursuant to chapter 587A.
Records and information contained in a report that is
expunged may be retained by the department solely for future risk and safety
assessment purposes.] in accordance with section 350-A."
SECTION 3. In codifying the new section added by section 1 and referenced in section 2 of this Act, the revisor of statutes shall substitute an appropriate section number for the letter used in designating the new section in this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act, upon its approval, shall take effect on July 1, 2025.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Child Protective Act; Child Abuse and Neglect; Harm or Threatened Harm; Central Registry; Expungement
Description:
Clarifies that a confirmed report of harm or threatened harm, as defined in chapter 587A, or child abuse and neglect, as defined in chapter 350, will result in the perpetrator's name being maintained in the central registry. Clarifies when a confirmed report may be expunged from the central registry, and establishes a process for expungement upon request.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
