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



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



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



(d)  The department shall maintain a central
registry of reported child abuse or neglect cases and shall promptly expunge
the reports in cases if:



(1)  The department has found the reports to be
unsubstantiated; 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 587.



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



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



The department shall adopt rules as may be
necessary in carrying out this section. [L 1967, c 261, §3; HRS §350-2; am L
1970, c 105, §5; am L 1987, c 204, §6 and c 339, §4; am L 1991, c 123, §1; am L
1998, c 134, §5; am L 1999, c 271, §5]



 



Cross References



 



  Rulemaking, see chapter 91.



  Vexatious litigants, see chapter 634J.