THE SENATE

S.B. NO.

2415

THIRTY-FIRST LEGISLATURE, 2022

S.D. 1

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.  The legislature finds that prior to 2015, the department of human services did not consistently notify all parties in a confirmed case of child abuse or neglect of their placement on Hawaii's child abuse and neglect registry.  Placement on the registry can affect a party's ability to gain employment that involves children or vulnerable adults and their ability to foster or adopt children.

     The legislature further finds that a party in a substantiated case of child abuse or neglect that was transferred and settled in family court may wrongfully remain on the registry.  In the concurring opinion of Bird v. Hawaii, 935 F.3d 738 (9th Cir. 2019), where a mother was placed on the registry without notice, the court noted the contradictory policies of the department of human services, which allowed it to return a child to a parent who remained on the registry when the department declined to pursue a case of child abuse or neglect to adjudication in family court.  The opinion also noted that persons on the registry were denied access to both an administrative hearing and a court adjudication as, under the department rules, a parent may either regain physical custody of their child and remain on the registry or decline the opportunity to regain custody and pursue litigation on the child abuse or neglect claims in family court.  Accordingly, the legislature believes that a statutory remedy is necessary for persons on the Hawaii child abuse and neglect registry that were not provided notice or due process.  The purpose of this Act is to:

     (1)  Require the department of human services to expunge a report or reports in the Hawaii child abuse and neglect registry when the department finds that a miscarriage of justice would persist if the report or reports were not expunged;

     (2)  Require the department of human services to provide notice to all parties who are placed on the Hawaii child abuse and neglect registry; and

     (3)  Provide an avenue for persons on the Hawaii child abuse and neglect registry to petition for removal from the registry.

     SECTION 2.  Chapter 350, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§350-    Report records; petition for removal.  (a)  A person listed on the registry may file a petition with the department for removal from the registry.  If the department denies the petition for removal of the person's name from the registry, the person shall wait one year from the date of the petition for removal before filing a new petition with the department.

     (b)  If the department denies a petition for removal of a name from the registry, the person may request an administrative hearing under chapter 91, including any provisions for judicial review or appeal, within thirty days from the receipt of the department's decision; provided that the standard of review shall be whether the department abused its discretion.

     (c)  Any child abuse or neglect claims in family court shall not prevent a party from petitioning for removal from the registry.

     (d)  The department shall adopt rules pursuant to chapter 91 to fulfill the purpose of this section.

     (e)  For purposes of this section, "registry" shall mean the central registry of reported child abuse or neglect cases maintained by the department pursuant to section 350-2."

     SECTION 3.  Section 350-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The department shall maintain a central registry of reported child abuse or neglect cases and shall give timely notice to all parties placed on the registry.  The department also shall promptly expunge the reports in cases if:

     (1)  The report is determined not confirmed by the department, an administrative hearing officer, or a Hawaii state court on appeal; [or]

     (2)  The petition arising from the report has been dismissed by order of the family court after an adjudicatory hearing on the merits pursuant to chapter 587A[.]; or

     (3)  The department, an administrative hearings officer, or a Hawaii state court on appeal finds that a miscarriage of justice would persist if the department does not expunge the report or reports from the registry.

     Records and information contained in a report that is expunged may be retained by the department solely for future risk and safety assessment purposes."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on December 31, 2050.

 

 

Report Title:

Hawaii Child Abuse and Neglect Registry; Notice; Removal

 

Description:

Adds a requirement that the Department of Human Services expunge a report or reports when the department finds that a miscarriage of justice would persist if the report or reports were not expunged.  Requires the Department of Human Services to provide notice to all parties who are placed on the Hawaii Child Abuse and Neglect Registry.  Provides an avenue for persons on the Hawaii Child Abuse and Neglect Registry to petition for removal from the registry.  Effective 12/31/2050.  (SD1)

 

 

 

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