STAND. COM. REP. NO. 41-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 1942

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Human Services & Homelessness, to which was referred H.B. No. 1942 entitled:

"A BILL FOR AN ACT RELATING TO CHILD ABUSE REPORTING,"

begs leave to report as follows:

The purpose of this measure is to update Hawaii's mandatory child abuse and neglected mandated reporting law by:

(1) Adding members of the clergy, commercial computer technicians, and commercial film and photographic print or image processors to the categories of persons who are required to report child abuse and neglect to the Department of Human Services or police; and

(2) Providing a safe harbor through December 1,2020, for reporting by clergy of previously unreported known or suspected child abuse that did not arise during a penitential communication.

Your Committee received testimony in support of this measure from the Department of Human Services, IMUAlliance, and one individual. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

Your Committee recognizes that professionals who work with or come into regular contact with children have an essential role in the protection of children. Amending the State's child abuse and neglect mandated reporting law to include members of the clergy, commercial computer technicians, and commercial film and photographic print or image processors as mandated reporters who are required to report suspected child abuse and neglect will provide greater protections and interventions for children who are or may be at risk of maltreatment.

Your Committee has amended this measure by:

(1) Excluding from the child abuse and neglect mandated reporting requirements any individuals whose legal obligations are in direct conflict with the reporting requirements of administrators and employees of public and private organizations whose duties require direct contact with or supervision of children;

(2) Changing its effective date to December 31, 2059, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1942, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1942, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,

____________________________

JOY A. SAN BUENAVENTURA, Chair