REPORT Title:

Child Protective Review Panel

 

Description:

Establishes the presumption that a child who has been subjected to prior abuse and is missing has suffered "serious abuse" for purposes of convening a Child Protective Review Panel (Panel); Requires the Department of Human Services to include information on serious abuse cases in its annual report. (SB2041 HD1)

THE SENATE

S.B. NO.

2041

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to child protection.

 

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

SECTION 1. Section 587-88, Hawaii Revised Statutes, is amended to read as follows:

"[[]§587-88[]] Child protective review panel. (a) The department shall establish a child protective review panel to review each case of serious abuse. Based upon its review, the panel shall submit a report of findings and recommendations to the director. The department shall appoint members of the child protective review panel who may include, but not be limited to:

(1) Any physician treating the child for abuse;

(2) Any child protective services worker assigned to the case and the worker's supervisor;

(3) The guardian ad litem for the child, appointed under section 587-34, if applicable;

(4) The members of the child's multidisciplinary team or child protective services consultant; and

(5) Other child protective services workers and supervisors.

(b) Members of the child protective review panel shall serve without compensation and shall not be reimbursed for costs, except for state employees serving within the scope of their employment who shall receive compensation and reimbursements as provided by law or by collective bargaining.

(c) Members of the child protective review panel shall be immune from any liability for injuries and damages arising from the panel's report under subsection (a).

(d) This section shall not be construed as interfering with any authority of the department or the courts to remove, to place, or to order any disposition on custody of the abused child under this chapter.

(e) As used in this section, "serious abuse" [means] includes but is not limited to reabuse, hospitalization, or death arising from an abuse. If a child who has been subjected to prior abuse is missing, then it shall be presumed that the child has suffered serious abuse.

(f) The department shall include in its annual report the following information:

(1) The number of cases of serious abuse that occurred;

(2) The number of times a child protective review panel was convened in accordance with this section; and

(3) Other information on the nature of the injuries sustained by the victims of serious abuse.

For purposes of this subsection, the department shall not disclose the name of any minor nor release any information that may be deemed confidential, except as otherwise required under this section."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.