§350-2  Action on reporting.  (a)  Uponreceiving a report concerning child abuse or neglect, the department shallproceed pursuant to chapter 587 and the department's rules.

(b)  The department shall inform theappropriate police department of all reports received by the departmentregarding a case of child abuse or neglect, including reports received undersection 350-1.1; provided that the name of the person who reported the case ofchild abuse or neglect shall be released to the police department pursuant onlyto court order or the person's consent.

(c)  The department shall inform theappropriate police department or office of the prosecuting attorney of therelevant information concerning a case of child abuse or neglect when theinformation is required by the police department or the office of theprosecuting attorney for the investigation or prosecution of that case;provided that the name of the person who reported the case of child abuse orneglect shall be released to the police department or the office of theprosecuting attorney pursuant only to court order or the person's consent.

(d)  The department shall maintain a centralregistry of reported child abuse or neglect cases and shall promptly expungethe reports in cases if:

(1)  The department has found the reports to beunsubstantiated; or

(2)  The petition arising from the report has beendismissed by order of the family court after an adjudicatory hearing on themerits pursuant to chapter 587.

For purposes of expungement under paragraph (1),a report is unsubstantiated only when the department has found the allegationsto be frivolous or to have been made in bad faith.

However, the department may retain records andinformation of alleged child abuse and neglect with respect to the child who isthe subject of the alleged abuse.

The department shall adopt rules as may benecessary in carrying out this section. [L 1967, c 261, §3; HRS §350-2; am L1970, c 105, §5; am L 1987, c 204, §6 and c 339, §4; am L 1991, c 123, §1; am L1998, c 134, §5; am L 1999, c 271, §5]

 

Cross References

 

  Rulemaking, see chapter 91.

  Vexatious litigants, see chapter 634J.