§350-1.1  Reports.  (a)  Notwithstanding
any other state law concerning confidentiality to the contrary, the following
persons who, in their professional or official capacity, have 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, shall immediately report the matter orally to the department or to the
police department:



(1)  Any licensed or registered professional of the
healing arts or any health-related occupation who examines, attends, treats, or
provides other professional or specialized services, including but not limited
to physicians, including physicians in training, psychologists, dentists,
nurses, osteopathic physicians and surgeons, optometrists, chiropractors,
podiatrists, pharmacists, and other health-related professionals;



(2)  Employees or officers of any public or private
school;



(3)  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;



(4)  Employees or officers of any law enforcement
agency, including but not limited to the courts, police departments, department
of public safety, correctional institutions, and parole or probation offices;



(5)  Individual providers of child care, or employees
or officers of any licensed or registered child care facility, foster home, or
similar institution;



(6)  Medical examiners or coroners; and



(7)  Employees of any public or private agency
providing recreational or sports activities.



(b)  Whenever a person designated in subsection
(a) 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.



(c)  The initial oral report shall be followed
as soon as possible by a report in writing to the department.  If a police
department or the department of public safety is the initiating agency, a
written report shall be filed with the department for cases that the police or
the department of public safety takes further action on or for active cases in
the department under this chapter.  All written reports shall contain the name
and address of the child and the child's parents or other persons responsible
for the child's care, if known, the child's age, the nature and extent of the
child's injuries, and any other information that the reporter believes might be
helpful or relevant to the investigation of the child abuse or neglect.  This
subsection shall not be construed to serve as a cause of action against the
department, the police, or the department of public safety.



(d)  Any person subject to subsection (a)
shall, upon demand of the department or any police department, provide all
information related to the alleged incident of child abuse or neglect,
including, but not limited to, medical records and medical reports, which was
not included in the written report submitted pursuant to subsection (c).



(e)  The director may adopt, amend, or repeal
rules, subject to chapter 91, to further define or clarify the specific forms
of child abuse or neglect enumerated in section 350-1 for use in implementing
this chapter; provided that rules adopted under this subsection shall be
limited to such further or clarifying definitions. [L 1967, c 261, §2; HRS
§350-1; am L 1970, c 21, §1 and c 105, §5; am L 1975, c 147, §1; am L 1977, c
81, §2; am L 1979, c 171, §1; am L 1981, c 59, §1; ren and am L 1982, c 77, §2;
am L 1985, c 17, §1 and c 208, §3; am L 1987, c 204, §4 and c 339, §4; am L 1988,
c 323, §2; am L 1998, c 134, §4; am L 1999, c 271, §4; am L 2000, c 248, §1; am
L 2006, c 159, §1 and c 193, §2]



 



Cross References



 



  Criminal offense of promoting child abuse, see §§707-750,
751.