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HB239
HOUSE OF REPRESENTATIVES
H.B. NO.
239
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to child abuse
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
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The legislature
finds that most experts agree child neglect occurs when the needs of a child
are unmet by their primary caregivers.
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Inadequate
clothing, food, shelter, medical and emotional care, along with unsafe
environments, exposure to substance abuse, and lack of supervision, can
constitute neglect.
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The legislature
further finds that poverty and child neglect are highly correlated and often
impact families simultaneously, but poverty does not cause neglect.
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Poverty may prevent a parent or legal
guardian from providing adequate food, clothing, shelter, care, or supervision
to their children; however, incapacity to provide is not the same as an
unwillingness to provide.
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The
legislature also finds that under existing law, the failure to provide a child
with these needs qualifies as child abuse or neglect, even in cases where a parent
or legal guardian may lack the financial ability to provide.
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The
legislature additionally finds that although the department of human services
does not currently remove children from their homes solely on the basis of
poverty, it is important to statutorily recognize that conditions of poverty
alone do not fall within the definition of "child abuse or neglect".
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Accordingly, the purpose of this Act
is to amend the definition of "child abuse or neglect" by clarifying that
the failure to provide certain needs to a child constitutes child abuse or
neglect only if the person or entity responsible for the care of the child is
financially able to provide and fails to do so or is offered financial or other
reasonable means to provide and fails to accept these offers.
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SECTION
2
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Section 350-1,
Hawaii Revised Statutes, is amended by amending the definition of "child
abuse or neglect" to read as follows:
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""Child abuse or
neglect" means:
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(1)
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The acts or
omissions of any person who, or legal entity which, is in any manner or degree
related to the child, is residing with the child, or is otherwise responsible
for the child's care, that have resulted in the physical or psychological
health or welfare of the child, who is under the age of eighteen, to be harmed,
or to be subject to any reasonably foreseeable, substantial risk of being
harmed.
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The acts or omissions are
indicated for the purposes of reports by circumstances that include but are not
limited to:
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(A)
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When the child
exhibits evidence of:
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(i)
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Substantial or
multiple skin bruising or any other internal bleeding;
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(ii)
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Any injury to skin
causing substantial bleeding;
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(iii)
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Malnutrition;
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(iv)
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Failure to thrive;
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(v)
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Burn or burns;
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(vi)
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Poisoning;
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(vii)
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Fracture of any
bone;
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(viii)
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Subdural hematoma;
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(ix)
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Soft tissue
swelling;
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(x)
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Extreme pain;
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(xi)
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Extreme mental
distress;
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(xii)
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Gross degradation;
or
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(xiii)
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Death; and
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such injury is not
justifiably explained, or when the history given concerning such condition or
death is at variance with the degree or type of such condition or death, or
circumstances indicate that such condition or death may not be the product of
an accidental occurrence;
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(B)
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When the child has
been the victim of sexual contact or conduct, including but not limited to
sexual assault as defined in the Penal Code, molestation, sexual fondling,
incest, or prostitution; obscene or pornographic photographing, filming, or
depiction; or other similar forms of sexual exploitation, including but not
limited to acts that constitute an offense pursuant to section 712-1202(1)(b);
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(C)
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When there exists
injury to the psychological capacity of a child as is evidenced by an
observable and substantial impairment in the child's ability to function;
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(D)
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When the child is
not provided in a timely manner with adequate food, clothing, shelter,
psychological care, physical care, medical care, or supervision[
;
]
and the person who, or legal entity which, is in any
manner or degree related to the child, is residing with the child, or is
otherwise responsible for the child's care, is:
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(i)
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Financially able to provide and
fails to do so; or
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(ii)
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Offered financial or other
reasonable means to provide and fails to accept such offers;
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(E)
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When the child is
provided with dangerous, harmful, or detrimental drugs as defined by section
712-1240; provided that this subparagraph shall not apply when such drugs are
provided to the child pursuant to the direction or prescription of a
practitioner, as defined in section 712-1240; or
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(F)
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When the child has
been the victim of labor trafficking under chapter 707; or
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(2)
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The acts or
omissions of any person that have resulted in sex trafficking or severe forms
of trafficking in persons; provided that no finding by the department pursuant
to this chapter shall be used as conclusive evidence that a person has
committed an offense under part VIII of chapter 707 or section 712-1202."
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SECTION
3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Child
Abuse; Neglect; Financial Ability
Description:
Amends
the definition of "child abuse or neglect" by clarifying that the
failure to provide certain needs to a child constitutes child abuse or neglect
only if the person or entity responsible for the care of the child is
financially able to provide and fails to do so or is offered financial or other
reasonable means to provide and fails to accept these offers.
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not legislation or evidence of legislative intent.