Definitions of Child Abuse and Neglect - Hawaii

Date: June 2025

Physical Abuse
Citation: Rev. Stat. § 350-1

'Child abuse or neglect' means acts or omissions that have resulted in the physical health or welfare of the child who is under age 18 to be harmed or to be subject to a 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, the following: 

  • When the child exhibits evidence of any of the following injuries, and such injury is not justifiably explained, or when the history given concerning such condition or death is inconsistent 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:
    • Substantial or multiple skin bruising or other internal bleeding
    • An injury to skin causing substantial bleeding
    • Malnutrition or failure to thrive
    • Burns or poisoning
    • Fracture of any bone
    • Subdural hematoma or soft tissue swelling
    • Extreme pain or mental distress
    • Gross degradation  
    • Death
  • When the child is provided with dangerous, harmful, or detrimental drugs, provided that this paragraph shall not apply when such drugs are provided to the child pursuant to the direction or prescription of a practitioner
  • When the child has been the victim of labor trafficking under chapter 707 

Effective July 1, 2025: 'Aggravated circumstances,' 'harm,' and 'threatened harm' mean the same as defined in § 587A-4.

'Aggravated circumstances' means any of the following:

  • The parent has murdered or has solicited, aided, abetted, attempted, or conspired to commit the murder or voluntary manslaughter of another child of the parent.
  • The parent has committed a felony assault that results in serious bodily injury to the child or another child of the parent.
  • The parent's rights regarding a sibling of the child have been judicially terminated or divested.
  • The parent has tortured the child.
  • The child is an abandoned infant.
  • The parent has committed sexual abuse against another child of the parent.
  • The parent is required to register with a sex offender registry. 

'Harm' has the same meaning as 'child abuse or neglect,' as defined in § 350-1. 'Threatened harm' means any reasonably foreseeable substantial risk of harm to a child.

Neglect
Citation: Rev. Stat. § 350-1

'Child neglect' occurs when a child is not provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision. 

Sexual Abuse/Exploitation
Citation: Rev. Stat. § 350-1

The term 'child abuse or neglect' includes instances when the child has been the victim of sexual contact or conduct, including, but not limited to, any of the following: 

  • Sexual assault, molestation, sexual fondling, incest, or prostitution
  • Obscene or pornographic photographing, filming, or depiction
  • Other similar forms of sexual exploitation, including, but not limited to, acts that constitute an offense of promoting prostitution of a person younger than age 18

The term 'child abuse or neglect' also includes the acts or omissions of any person that have resulted in sex trafficking or severe forms of trafficking in persons. 

'Severe forms of trafficking in persons' and 'sex trafficking' have the same meanings as provided in 22 U.S.C. § 7102. 

Emotional Abuse
Citation: Rev. Stat. § 350-1

The term 'child abuse or neglect' includes acts or omissions that have resulted in injury to the psychological capacity of a child, as is evidenced by an observable and substantial impairment in the child's ability to function. 

Abandonment
Citation: Rev. Stat. § 587A-4

'Abandoned infant’ means a child who is aged 3 or younger, and any of the following apply:

  • The child's parents, regardless of any incidental contact or communication with the child, have demonstrated an extreme disinterest in or lack of commitment for assuming parental responsibility for the child.
  • The persons with whom the child resides have not known the identity or whereabouts of the child's parents for 60 days or more, and reasonable efforts have been made to identify or locate the child's parents.
  • The two statements above apply to the child's mother, and the child's presumed or alleged father has failed to assert a claim or interest as a parent for 60 days or more, provided that the child's father has knowledge of the child's birth and that he is the child's presumed or alleged father.

Standards for Reporting
Citation: Rev. Stat. § 350-1.1

A report is required when a mandatory reporter, in their professional or official capacity, has 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. 

Persons Responsible for the Child
Citation: Rev. Stat. § 350-1

A 'responsible person' is any person who or legal entity that meets the following criteria: 

  • Is in any manner or degree related to the child
  • Resides with the child
  • Is otherwise responsible for the child's care 

Exceptions

No exceptions are specified in statute. 

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