Bill Text: HI SB1129 | 2021 | Regular Session | Amended
Bill Title: Relating To Reports Of Child Abuse.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-17 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB1129 Detail]
Download: Hawaii-2021-SB1129-Amended.html
|
THE SENATE |
S.B. NO. |
1129 |
|
THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
|
|
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 legislature finds that 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).
The legislature further finds that due to
the impact of the coronavirus disease 2019 (COVID-19) pandemic on the 2020 regular
session of the Hawaii state legislature, the Children's Bureau of the Administration
for Children and Families and 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, to be effective on 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[.]; provided that
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 on June 30, 2021.
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. Takes effect 6/30/2021. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
