Definitions of Child Abuse and Neglect - Hawaii

Date: May 2022

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

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' has the same meaning as provided in 22 U.S.C. § 7102(9). 'Sex trafficking' has the same meaning as provided in 22 U.S.C. § 7102(10).

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

This issue is not addressed in the statutes reviewed.

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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