Report Title:

Child Abuse; Reporting

Description:

Eliminates absolute immunity for those who report child abuse.  Provides qualified immunity for those who act in good faith.  Defines good faith.

HOUSE OF REPRESENTATIVES	H.B. NO.	3235
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to child abuse.

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

     SECTION 1.  Section 350-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any individual who assumes a duty or responsibility pursuant to section 350-2 or chapter 587 shall have immunity from civil liability for acts or omissions performed in good faith within the scope of the individual's duty or responsibility.  For purposes of this section, good faith shall not include wilful misconduct, recklessness, or gross negligence.  Nothing in this section shall limit the liability of the department, any other state agency, or any private organization for the conduct of individuals provided immunity herein."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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