HOUSE OF REPRESENTATIVES

H.B. NO.

1886

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CHILD SAFETY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that, except for reporting requirements to the coroner, Hawaii law does not require family members to report any known incidents of child abuse or neglect, or the death or disappearance of a child, to a child welfare service agency or to law enforcement.  In many instances, family members have first-hand knowledge of abuse or neglect situations within their families.  However, due to ramifications on the family in reporting these incidents, child abuse and neglect often go unreported.  The consequences of not reporting child abuse and neglect, as well as not reporting the disappearance of a child, endanger the child's health and safety.  Furthermore, not reporting the maltreatment of a child, a child's disappearance, or a child's death greatly impedes investigations into possible criminal conduct.

     The purpose of this Act is to protect the safety of children by requiring family members to report incidents of child abuse and neglect, and requiring parents and the legal guardians and custodians of a child to report the disappearance or death of the child, to the department of human services or to the police department.

     SECTION 2.  Chapter 707, Hawaii Revised Statutes, is amended by adding two new sections to part VI to be appropriately designated and to read as follows:

     "§707-    Disappearance or death of a child; failure to report.  (1)  A person as defined in this section commits the offense of failure to report the disappearance or death of a child if the person knows or has reason to know about the death or disappearance of a child, and fails to report the disappearance or death of the child to the department of human services or to the police department within      hours of knowing or having reason to know about the disappearance or death of the child.

     (2)  Failure to report the disappearance or death of a child as provided in this section is a class C felony for which a sentence of imprisonment may be imposed as provided in section 706-660.

     (3)  As used in this section:

"Child" means a person who is under the age of         .

"Person" means any legal parent of the child; the birth mother of the child, unless the child has been legally adopted; the concerned natural father of the child as provided in section 578-2(a)(5), unless the child has been legally adopted; the legal guardians or any other legal custodians of the child; or any other person or legal entity with:

(a)  Legal or physical custody or guardianship of the child; or

(b)  Responsibility for the child's care.

     §707-    Child abuse or neglect; failure to report.  (1)  A person as defined in this section commits the offense of failure to report child abuse or neglect if the person knows or has reason to know that child abuse or neglect in the family is occurring, or knows or has reason to know that a child in the family has been harmed due to abuse or neglect, and fails to report the abuse or neglect of the child to the department of human services or to the police department within      hours of knowing or having reason to know about the abuse or neglect of the child.

     (2)  Failure to report as provided in this section is a class C felony for which a sentence of imprisonment may be imposed as provided in section 706-660.
     (3)  As used in this section:

"Child" means a person who is under the age of           .

"Family" means each legal parent of the child; the birth mother, unless the child has been legally adopted; the concerned natural father as provided in section 578-2(a)(5), unless the child has been legally adopted; each parent's spouse or former spouse; each sibling or person related by blood or marriage; each person residing in the dwelling unit; and any other person or legal entity with:

(a)  Legal or physical custody or guardianship of the child; or

(b) Responsibility for the child's care.

For the purposes of this section, the term "family" does not apply to an authorized agency that assumes the foregoing legal status or relationship with a child.

"Person" means any member of a family who has reached the age of majority."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.


                      


 

Report Title:

Child Disappearance and Death; Abuse and Neglect; Failure to Report

 

Description:

Makes it a class C felony for parents, guardians, and custodians of a child to fail to report the disappearance or death of the child to the Department of Human Services or the police department within     hours.  Makes it a class C felony for family members to fail to report known child abuse or neglect to the Department of Human Services or police department within     hours.  Effective July 1, 2050.  (HB1886 HD1)

 

 

 

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