HAWAII
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
“Citation: Rev. Stat. § 350-1.1
The following persons are required to report:
• Physicians, physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals
• Medical examiners or coroners
• Employees or officers of any public or private school
• Child care employees or employees or officers of any licensed or registered child care facility, foster home, or similar institution
• Employees or officers of any public or private agency or institution, or other individuals, providing social, medical, hospital, or mental health services, including financial assistance
• Employees or officers of any law enforcement agency, including, but not limited to, the courts, police departments, departments of public safety, correctional institutions, and parole or probation offices
• Employees of any public or private agency providing recreational or sports activities”
Other persons required to report
“Citation: Rev. Stat. § 350-1.3
Any other person who becomes aware of facts or circumstances that cause the person to believe that child abuse or neglect has
occurred may report.”
Institutional responsibility to report
“Citation: Rev. Stat. § 350-1.1
Whenever a person designated as a mandatory reporter is a member of the staff of any public or private school, agency, or
institution, that staff member shall immediately report the known or suspected child abuse or neglect directly to the department or to the police department and also shall immediately notify the person in charge or a designated delegate of the report made in accordance with this chapter.”
WHAT ARE THEY REQUIRED TO REPORT
“Citation: Rev. Stat. § 350-1.1
A report is required when, in his or her professional or official capacity, a reporter has reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future.”
PENALTIES FOR FAILING TO REPORT
“Failure to Report
Citation: Rev. Stat. § 350-1.2
Any mandatory reporter who knowingly prevents another person from reporting, or who knowingly fails to provide information as required by the reporting laws, shall be guilty of a petty misdemeanor.”
PENALTIES FOR FALSE REPORTING
This issue is not addressed in the statutes reviewed.
PRIVILEGED COMMUNICATIONS
“Citation: Rev. Stat. § 350-5
The physician-patient, psychologist-client, husband-wife, and victim-counselor privileges are not grounds for failing to report.”
REPORTER’S IDENTITY
“The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter Identity
Citation: Rev. Stat. § 350-1.4
Every reasonable good-faith effort shall be made by the department to maintain the confidentiality of the name of a reporter who requests that his or her name be confidential.”