HB 239: Child Abuse; Neglect; Child Welfare; Financial Ability

A BILL FOR AN ACT

RELATING TO CHILD ABUSE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that most experts agree child neglect occurs when the needs of a child are unmet by their primary caregivers.  Inadequate clothing, food, shelter, medical and emotional care, along with unsafe environments, exposure to substance abuse, and lack of supervision, can constitute neglect.  The legislature further finds that poverty and child neglect are highly correlated and often impact families simultaneously, but poverty does not cause neglect.  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.  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.

     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".

     Accordingly, the purpose of this Act is to amend the definition of "child abuse or neglect" to clarify that:

     (1)  The failure to provide certain needs to a child shall not constitute child abuse or neglect if the sole reason the person responsible for the care of the child is unable to adequately provide for the child's care is lack of financial resources; and

     (2)  Evidence of parental request for support shall not be deemed as evidence of child abuse and neglect.

     SECTION 2.  Section 350-1, Hawaii Revised Statutes, is amended by amending the definition of "child abuse or neglect" to read as follows:

     ""Child abuse or neglect" means:

     (1)  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.  The acts or omissions are indicated for the purposes of reports by circumstances that include but are not limited to:

          (A)  When the child exhibits evidence of:

              (i)  Substantial or multiple skin bruising or any other internal bleeding;

             (ii)  Any injury to skin causing substantial bleeding;

            (iii)  Malnutrition;

             (iv)  Failure to thrive;

              (v)  Burn or burns;

             (vi)  Poisoning;

            (vii)  Fracture of any bone;

           (viii)  Subdural hematoma;

             (ix)  Soft tissue swelling;

              (x)  Extreme pain;

             (xi)  Extreme mental distress;

            (xii)  Gross degradation; or

           (xiii)  Death; and

              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;

          (B)  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);

          (C)  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;

          (D)  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 reason the person responsible for the provision thereof fails, refuses, or is unable to do so is not solely the lack of the person's financial means.  Evidence of parental request for support shall not be deemed as evidence of child abuse and neglect;

          (E)  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

          (F)  When the child has been the victim of labor trafficking under chapter 707; or

     (2)  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."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Child Abuse; Neglect; Child Welfare; Financial Ability

Description:

Amends the definition of "child abuse or neglect" to clarify that the failure to provide certain needs to a child shall not constitute child abuse or neglect if the sole reason the person responsible for the care of the child is unable to adequately provide for the child's care is lack of financial resources; and evidence of parental request for support shall not be deemed as evidence of child abuse and neglect.  Effective 7/1/3000.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO CHILD ABUSE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that most experts agree child neglect occurs when the needs of a child are unmet by their primary caregivers.  Inadequate clothing, food, shelter, medical and emotional care, along with unsafe environments, exposure to substance abuse, and lack of supervision, can constitute neglect.  The legislature further finds that poverty and child neglect are highly correlated and often impact families simultaneously, but poverty does not cause neglect.  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.  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.

     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".

     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 shall not constitute child abuse or neglect if the sole reason the person responsible for the care of the child is unable to adequately provide for the child's care is due to a lack of financial resources.

     SECTION 2.  Section 350-1, Hawaii Revised Statutes, is amended by amending the definition of "child abuse or neglect" to read as follows:

     ""Child abuse or neglect" means:

     (1)  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.  The acts or omissions are indicated for the purposes of reports by circumstances that include but are not limited to:

          (A)  When the child exhibits evidence of:

              (i)  Substantial or multiple skin bruising or any other internal bleeding;

             (ii)  Any injury to skin causing substantial bleeding;

            (iii)  Malnutrition;

             (iv)  Failure to thrive;

              (v)  Burn or burns;

             (vi)  Poisoning;

            (vii)  Fracture of any bone;

           (viii)  Subdural hematoma;

             (ix)  Soft tissue swelling;

              (x)  Extreme pain;

             (xi)  Extreme mental distress;

            (xii)  Gross degradation; or

           (xiii)  Death; and

              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;

          (B)  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);

          (C)  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;

          (D)  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 reason the person responsible for providing those things fails, refuses, or is unable to do so is not due solely to the lack of the person's financial means;

          (E)  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

          (F)  When the child has been the victim of labor trafficking under chapter 707; or

     (2)  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."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Child Abuse; Neglect; Child Welfare; Financial Ability

Description:

Amends the definition of "child abuse or neglect" by clarifying that the failure to provide certain needs to a child shall not constitute child abuse or neglect if the sole reason the person responsible for the care of the child is unable to adequately provide for the child's care is due to a lack of financial resources.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to child abuse.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that most experts agree child neglect occurs when the needs of a child are unmet by their primary caregivers.  Inadequate clothing, food, shelter, medical and emotional care, along with unsafe environments, exposure to substance abuse, and lack of supervision, can constitute neglect.  The legislature further finds that poverty and child neglect are highly correlated and often impact families simultaneously, but poverty does not cause neglect.  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.  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.

     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".

     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.

     SECTION 2.  Section 350-1, Hawaii Revised Statutes, is amended by amending the definition of "child abuse or neglect" to read as follows:

     ""Child abuse or neglect" means:

     (1)  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.  The acts or omissions are indicated for the purposes of reports by circumstances that include but are not limited to:

          (A)  When the child exhibits evidence of:

              (i)  Substantial or multiple skin bruising or any other internal bleeding;

             (ii)  Any injury to skin causing substantial bleeding;

            (iii)  Malnutrition;

             (iv)  Failure to thrive;

              (v)  Burn or burns;

             (vi)  Poisoning;

            (vii)  Fracture of any bone;

           (viii)  Subdural hematoma;

             (ix)  Soft tissue swelling;

              (x)  Extreme pain;

             (xi)  Extreme mental distress;

            (xii)  Gross degradation; or

           (xiii)  Death; and

              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;

          (B)  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);

          (C)  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;

          (D)  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:

               (i)  Financially able to provide and fails to do so; or

              (ii)  Offered financial or other reasonable means to provide and fails to accept such offers;

          (E)  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

          (F)  When the child has been the victim of labor trafficking under chapter 707; or

     (2)  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."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

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.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 1190

Honolulu, Hawaii

RE:    H.B. No. 239

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was referred H.B. No. 239, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHILD ABUSE,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the definition of "child abuse or neglect" by clarifying that the failure to provide certain needs to a child shall not constitute child abuse or neglect if the sole reason the person responsible for the care of the child is unable to adequately provide for the child's care is lack of financial resources.

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, Office of Wellness and Resilience, Hawaiʻi Youth Services Network, Hawaiʻi Children's Action Network Speaks!, Hawaii Coalition for Child Protective Reform, Catholic Charities Hawaiʻi, and six individuals.

     Your Committee received testimony in opposition to this measure from one individual.

     Your Committee received comments on this measure from the Department of Human Services and one individual.

     Your Committee finds that poverty and child neglect are highly correlated and often impact families simultaneously, but poverty does not cause neglect.  Your Committee further finds that 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.  Your Committee notes 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.  Accordingly, this measure statutorily recognizes that failure to provide care due to poverty alone does not fall within the definition of "child abuse or neglect".

     Your Committee has amended this measure by:

     (1)  Inserting language clarifying that evidence of parental request for support shall not be deemed as evidence of child abuse and neglect;

     (2)  Amending section 1 to reflect its amended purpose; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     Your Committee requests that the Child Welfare Services Branch of the Department of Human Services, when in receipt of a report accusing parent of child abuse and neglect, provide support, rather than supervision, to the parent, unless the child is in substantial risk of harm.

     As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 239, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 239, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

STAND. COM. REP. NO.  1051

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 239

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 239, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHILD ABUSE,"

begs leave to report as follows:

     The purpose of this measure is to amend the definition of "child abuse or neglect" by clarifying that the failure to provide certain needs to a child shall not constitute child abuse or neglect if the sole reason the person responsible for the care of the child is unable to adequately provide for the child's care is due to a lack of financial resources.

     Your Committee received testimony in support of this measure from the Office of Wellness and Resilience; Hawaii Coalition for Child Protective Reform; Hawai‘i Youth Services Network; Hawai‘i Children's Action Network Speaks!; Early Childhood Action Strategy; Hawai‘i State Coalition Against Domestic Violence; Catholic Charities Hawai‘i; Ho‘oikaika Partnership; Domestic Violence Action Center; and four individuals.  Your Committee received testimony in opposition to this measure from six individuals.  Your Committee received comments on this measure from the Department of Human Services.

     Your Committee finds that the recent update to the federal Administration for Children and Families' Child Welfare Policy Manual encourages states to exclude factors such as poverty and income-related issues from the definitions of child abuse and neglect.  This measure would align Hawaii's definition of "child abuse or neglect" with these federal guidelines and improve outcomes for families in need by preventing unnecessary family separations due to financial hardship.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 239, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  255

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 239

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Human Services & Homelessness, to which was referred H.B. No. 239 entitled:

"A BILL FOR AN ACT RELATING TO CHILD ABUSE,"

begs leave to report as follows:

     The purpose of this measure 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.

     Your Committee received testimony in support of this measure from the Office of Wellness and Resilience; Department of the Attorney General; Hawaii Coalition for Child Protective Reform; Hawai‘i Children's Action Network Speaks!; Prevent Child Abuse HI; Hawai‘i Youth Services Network; Catholic Charities Hawai‘i; National Center for Youth Law; Ho‘oikaika Partnership; Mālama ‘Ohana Working Group; and eight individuals.  Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney for the City and County of Honolulu.  Your Committee received comments on this measure from the Department of Human Services.

     Your Committee finds that under existing law, the failure to meet a child's basic needs qualifies as child abuse or neglect, even in cases where financial limitations are the primary barrier.  Although the Department of Human Services does not currently remove children from their homes solely due to poverty, it is important to ensure that statutory definitions reflect this practice.

     Your Committee has amended this measure by:

     (1)  Clarifying that a failure to provide certain care to a child is not considered neglect if the sole reason is that the caregiver lacks the financial resources to adequately provide for the child's care;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 239, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 239, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,