2009 Hawaii Code
Volume 07
TITLE 20 - SOCIAL SERVICES
CHAPTER 350 - CHILD ABUSE
§350-2 - Action on reporting.

     §350-2  Action on reporting.  (a)  Upon receiving a report concerning child abuse or neglect, the department shall proceed pursuant to chapter 587 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)  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.

     (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 department has found the reports to be unsubstantiated; 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 587.

     For purposes of expungement under paragraph (1), a report is unsubstantiated only when the department has found the allegations to be frivolous or to have been made in bad faith.

     However, the department may retain records and information of alleged child abuse and neglect with respect to the child who is the subject of the alleged abuse.

     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]

 

Cross References

 

  Rulemaking, see chapter 91.

  Vexatious litigants, see chapter 634J.