If you are a mandated reporter in Hawaii, you are a professional required by law to recognize and report suspected child abuse or neglect.
Hawaii Revised Statutes (HRS) Chapter 350 outlines Hawaii’s child abuse and neglect laws, which include definitions of who is a mandated reporter, what constitutes abuse, and how to report.
Please note: This guide to mandated reporting in Hawaii provides an overview of your duties. For more information, take Hawaii’s Mandated Reporting of Child Abuse and Neglect training, an online course available at the Mandated Reporter Training platform.
Who Are Mandated Reporters In Hawaii?
In Hawaii, mandated reporters are generally people who come in contact with children as part of their employment or practice of their profession.
The following is a list of professions considered mandated reporters in Hawaii:
- School Personnel
- Child Care Providers
- Mental Health & Social Workers
- Medical Professionals
- Medical examiners or coroners
- Law Enforcement
- Clergy
- Employees of any public or private agency providing recreational or sports activities.
- Commercial Film, Photographic Print, or Image Processors
- Commercial Computer Technicians
Does Hawaii Allow Permissive Reporting?
In Hawaii, permissive reporting is allowed.
Permissive reporting is when a person who is not a mandated reporter makes a report of suspected child abuse or neglect. In Hawaii, anyone may report to law enforcement or Child Welfare Services if they suspect a child is being harmed or is at risk of harm.
Is Mandated Reporting Confidential?
Yes, your report is confidential in Hawaii. The report and the mandated reporter’s identity are protected from the general public. Only the agencies involved in protecting the child, such as law enforcement, the Department of Human Services (DHS)/Child Welfare Services (CWS), or certain medical staff, can view the details of the report, including your identity.
Confidential reporting does not mean the same thing as anonymous reporting. You are required to provide your name and contact information to law enforcement or Child Welfare Services (CWS) when you report.
What Must Be Reported
They are required to make a report when there is reasonable suspicion that a child is a victim of abuse or neglect.
In Hawaii, child abuse or neglect is an act or omission (failures to act) that results in harm or puts a child at reasonably foreseeable, substantial risk of harm. It also includes acts or omissions that result in sex trafficking/ trafficking in persons, also known as human trafficking.
Child neglect and abuse are often defined together in the law, but essentially, child abuse occurs due to harmful actions, while child neglect occurs due to inaction.
In Hawaii, poverty does not equal neglect.
Poverty occurs when a caregiver lacks the resources to meet the child’s needs. Neglect occurs when the caregiver has the resources — but chooses not to provide for the child.
How to Report Child Abuse or Neglect in Hawaii
Mandated reporters who have 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 shall immediately make a report.
To report suspected abuse or neglect, mandated reporters can call CWS. The following reporting lines are available 24 hours a day, 7 days a week:
- Report Child Abuse and/or Neglect: 808-832-5300 (Oahu)
- Report Child Abuse and/or Neglect: Toll-free 1-888-380-3088 (Hawaii Island, Maui, Molokai, Lanai, Kauai)
- Report Child Trafficking: 808-832-1999 (Oahu) or 1-888-398-1188 (Hawaii Island, Molokai, Lanai, Kauai)
- Report Child Trafficking: Toll-free 1-888-398-1188 (Hawaii Island, Molokai, Lanai, Kauai)
If there is reason to believe the child is in imminent harm or facing an immediate threat to their safety, mandated reporters may contact law enforcement directly.
In Hawaii, a mandated reporter must also submit a written report after making an oral report.
What Happens After a Report?
Reports are investigated either by the local law enforcement agency and/or by the county child welfare agency, which are required to cross-report suspected child abuse or neglect cases to each other.
If the report is accepted for investigation, a social worker will be assigned to investigate the referral to determine if the child has been harmed or is at risk of harm. The worker will gather as much information as possible by talking to the child, family members, and, if necessary, others in the community. Within sixty (60) days of the date the report is assigned for investigation, a decision must be made whether the report is confirmed or not. You will be contacted regarding the disposition of your report.
If an investigation does not reveal evidence of child abuse or neglect, the family may be diverted to community resources for short-term counseling, outreach, and/or support services.
What are the Penalties for Failing to Report?
Mandated reporters have a legal responsibility to report suspected child abuse or neglect. In many states, including Hawaii, failing to uphold this legal duty can result in penalties.
Mandated reporters who fail to report in Hawaii can be charged with a misdemeanor, fined and/or jailed for up to 30 days for not reporting.
Are There Protections for Mandated Reporters in Hawaii?
Hawaii has laws in place to protect mandated reporters. These laws expressly prohibit anyone from taking any action to prevent or discourage anyone from making a report.
Mandated reporters (and voluntary reporters) are protected from civil and criminal liability if acting in good faith when reporting, cooperating, and consulting in investigations, and testifying in proceedings that result from the report.
Where to Find Hawaii Mandated Reporter Training
To learn more about your legal responsibilities, how to recognize different types of abuse, and reporting guidelines, including where to find and submit a written report, mandated reporter training is available.
The State of Hawaii’s Mandated Reporter Training is available at the Mandated Reporter Training platform. This training has been provided in partnership with the Department of Human Services (DHS). The online training can be accessed 7 days a week, 24 hours a day. Once you complete your online training, an instant certificate of completion is issued. This certificate is verifiable, simple to authenticate, and easy to share with organizations.
Create an account for free on the Mandated Reporter Training platform and start taking Hawaii’s Mandated Reporter Training today.
