Responding to Child Victims of Human Trafficking - Hawaii

State Agency Responsibilities

Citation: Rev. Stat. §§ 350-2; 587A-11

Upon receiving a report concerning child abuse or neglect, the Department of Human Services shall proceed pursuant to chapter 587A and the department's rules.

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.

Upon receiving a report that a child is subject to imminent harm, has been harmed, or is subject to threatened harm, and when an assessment is required by this chapter, the department shall cause an investigation to be made as it deems to be appropriate. In conducting the investigation, the department may do the following:

• Enlist the cooperation and assistance of appropriate State and Federal law enforcement authorities, who may conduct an investigation and, if an investigation is conducted, shall provide the department with all preliminary findings, including the results of a criminal history records check of an alleged perpetrator of harm or threatened harm to the child
• Interview the child without the presence or prior approval of the child's family and temporarily assume protective custody of the child for the purpose of conducting the interview
• Resolve the matter in an informal fashion that it deems appropriate under the circumstances
• Immediately enter into a service plan to safely maintain the child in the family home or to place the child in voluntary foster care pursuant to a written agreement with the child's parent
• Assume temporary foster custody of the child and file a petition with the court within 3 days, excluding Saturdays, Sundays, and holidays, after the date on which the department assumes temporary foster custody of the child, with placement preference being given to an approved relative
• File a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter

Training Requirement

This issue is not addressed in the statutes and regulations reviewed.

Diversion From Prosecution

Citation: Rev. Stat. § 712-1200

A minor may be taken into custody by any police officer without order of the judge when there are reasonable grounds to believe that the minor has engaged in prostitution. The minor shall be released, referred, or transported pursuant to § 571-31(b). The minor shall be subject to the jurisdiction of the family court pursuant to § 571-11(1), including for the purposes of custody, detention, diversion, and access to services and resources.

Services and Supports for Victims

Citation: Rev. Stat. §€‚346-17.6

A provider may provide no-cost emergency shelter and related services to a consenting minor if the provider reasonably believes the following:

• The minor understands the significant benefits, responsibilities, risks, and limits of the shelter and services and can communicate an informed consent.
• The minor understands the requirements and rules of the shelter and services.
• The shelter and services are necessary to ensure the minor's safety and well-being.

A minor may consent to no-cost emergency shelter and related services if the minor understands the benefits, responsibilities, risks, and limits of the shelter and services, and the minor agrees to adhere to the provider's rules and cooperate and participate in those services recommended by the provider, provided that:

• The provider has not, despite reasonable efforts, been able to contact the minor's parent, legal guardian, or legal custodian.
• The provider has made contact with the minor's parent, legal guardian, or legal custodian, and he or she has refused to give consent and, based on the information available to the provider, the provider reasonably believes that the minor would incur harm or would be subject to threatened harm if the minor returned immediately to the home of the parent, legal guardian, or legal custodian.
• The minor has refused to provide contact information for his or her parent, legal guardian, or legal custodian, and the provider reasonably believes that the minor would incur harm or would be subject to threatened harm if the minor returned immediately to the home of the parent, legal guardian, or legal custodian.

Any consent given by a minor under this section shall, for the duration of the period of shelter and with respect to all services, including medical services, be valid and binding as if the minor had reached the age of majority.

A provider who renders emergency shelter and related services to a minor shall document in writing the efforts made to contact the minor's parent, legal guardian, or legal custodian.

The term 'no-cost emergency shelter and related services' means accommodation at no cost for a continuous period of no more than 30 days, unless extended for emergency purposes, including beds, meals, individual showering facilities, transportation to and from the place of shelter, and any of the following services as deemed appropriate by the provider:

• Assistance with reunification with the family, legal guardian, or legal custodian of the minor
• Referral to safe housing
• Individual, family, and group counseling
• Assistance in obtaining clothing
• Access to medical and dental care and mental health counseling
• Education and employment services
• Recreational activities
• Case management, advocacy, and referral services
• Independent living skills training
• Aftercare services, as those services are defined in title 45 Code of Federal Regulations § 1351.1

The term 'provider' means any child-placing organization or child-caring institution authorized by the department under § 346-17 to receive or place minor children for care and maintenance and to provide related services, health care, or supplies to these minors.

Support for Anti-Trafficking Efforts

This issue is not addressed in the statutes and regulations reviewed.