Child Abuse

Requires the Department of Budget and Finance to dedicate
unspecified percentages of the amount in the general fund each
year for five years to the Hawaii Children's Trust Fund, to be
matched by private contributions on a 50% basis.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that public policies and
 2 programs addressing child maltreatment have developed based on an
 3 overall understanding of the extent of maltreatment and its
 4 consequences to society.  Maltreatment commonly includes physical
 5 abuse, sexual abuse, neglect, and emotional abuse.  The Child
 6 Abuse Prevention and Treatment Act, Public Law 93-247 (1974),
 7 defines child maltreatment as: "The physical and mental injury,
 8 sexual abuse, neglected treatment or maltreatment of a child
 9 under eighteen by a person who is responsible for the child's
10 welfare under circumstances which indicate the child's health and
11 welfare is harmed and threatened thereby, as determined in
12 accordance with the regulations prescribed by the Secretary of
13 Health, Education, and Welfare."  It is clear that since 1974,
14 abuse behavior is often perpetrated by strangers as well.
15      The legislature further finds that the extent of child abuse
16 and neglect is difficult to accurately quantify because many
17 incidences of abuse or neglect are not reported to authorities.
18 Although the number of incidences of child abuse or neglect may
19 be difficult to ascertain, the prevalence of abuse and neglect is

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 1 indisputable.  Prevalence is determined by the overall numbers of
 2 reported cases and by surveys of unreported cases, which yield
 3 percentage figures in relation to the total population.
 4      Experts believe that the effects of maltreatment are unique
 5 to each individual child, although serious consequences often
 6 result depending on the intensity and frequency of maltreatment.
 7 The child's characteristics, relationship to the perpetrator, and
 8 access to supportive and treatment services influence the effects
 9 of maltreatment.  However, children who are maltreated often
10 experience disrupted growth and development.  Adverse effects
11 have been identified as physical, cognitive, emotional, and
12 social development, and these consequences tend to accumulate
13 over time.  Research indicates that the negative effects on
14 development can often be reversed with timely identification of
15 the maltreatment and appropriate intervention.
16      The Hawaii children's trust fund was established by Act 336,
17 Session Laws of Hawaii 1993, to serve as a medium for a public-
18 private partnership for family strengthening to prevent child
19 abuse and neglect.  The trust fund makes grants to private,
20 nonprofit organizations, public agencies, or qualified persons to
21 provide community-based services and education, serving as an
22 example of shared priority setting and decision making between
23 public citizens, state officials, elected officials, and

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 1 professionals.  The trust fund maximizes financial resources by
 2 serving as a repository for federal and state funds, as well as
 3 private contributions from corporations and other businesses,
 4 foundations, individuals, and other interested parties.
 5      The legislature further finds that the Hawaii children's
 6 trust fund has ameliorated poor conditions for Hawaii's most
 7 vulnerable population by identifying and funding those programs
 8 that have had effective outcomes. 
 9      The Hawaii Community Foundation administers the Hawaii
10 children's trust fund.  The foundation has been sucessfully
11 managing charitable endowments since 1916.  According to the
12 foundation, in testimony before the senate in the 1999 session, a
13 cost benefit analysis done in Hawaii and in other states
14 demonstrated that effective abuse and neglect prevention programs
15 that strengthen families are less costly than treating children
16 who have been abused or neglected.
17      A dedicated source of state funding for the Hawaii
18 children's trust fund would ensure a more complete safety net is
19 put in place for children and their families.
20      The purpose of this Act is to establish a dedicated funding
21 source from the state general fund to subsidize the Hawaii
22 children's trust fund.
23      SECTION 2.  Chapter 37, Hawaii Revised Statutes, is amended
24 by adding a new section to be appropriately designated and to

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 1 read as follows:
 2      "37-     Set aside of revenues for Hawaii children's trust
 3 fund.  (a)  Thirty days after the end of each fiscal year, the
 4 department of budget and finance shall deposit into the Hawaii
 5 children's trust fund created under section 350B-2,     per cent
 6 of revenues received by the state general fund for each fiscal
 7 year beginning July 1, 2000; provided that each deposit shall be
 8 matched by moneys as described under section 350B-2(a), from
 9 sources other than the State.
10      (b)  The deposit under subsection (a) shall be used for
11 purposes under section 350B-2(c).
12      (c)  The Hawaii Community Foundation shall render an
13 accounting to the department of budget and finance within thirty
14 days after receipt of the revenues deposited under subsection
15 (a).  The accounting shall detail the amount of revenues received
16 by the Hawaii children's trust fund for the immediate preceeding
17 fiscal year from sources other than the State.  If the amount of
18 deposit under subsection (a) exceeds the amount of revenues from
19 other sources for the fiscal year being reported, the foundation
20 shall remit the excess to the state general fund within thirty
21 days after the report.
22      (d)  This section shall be repealed on June 30, 2005."
23      SECTION 3.  New statutory material is underscored.

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 1      SECTION 4.  This Act shall take effect on July 1, 2000.
 3                           INTRODUCED BY:  _______________________