STAND. COM. REP. NO. 2466

Honolulu, Hawaii

RE: S.B. No. 3114

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 3114 entitled:

"A BILL FOR AN ACT RELATING TO THE CHILD ABUSE AND NEGLECT CENTRAL REGISTRY,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Clarify that a confirmed report of harm or threatened harm, as defined in chapter 587A, Hawaii Revised Statutes, or child abuse and neglect, as defined in chapter 350, Hawaii Revised Statutes, will result in the perpetrator's name being maintained in the child abuse and neglect central registry;

(2) Clarify when a confirmed report may be expunged from the central registry; and

(3) Establish a process for expungement from the central registry upon request.

Your Committee received testimony in support of this measure from the Department of Human Services, Department of the Attorney General, and one individual.

Your Committee received testimony in opposition to this measure from the Hawaii Coalition for Child Protective Reform.

Your Committee finds that the current central registry of individuals confirmed to be perpetuators of child abuse or neglect keeps individuals listed indefinitely in most cases. Being listed on the central registry can have serious consequences, including being barred from employment, volunteer opportunities, and adoption. Your Committee further finds that the current process for adding individuals to the central registry, and how that addition can be challenged, are not commonly understood. This measure clarifies the process of adding perpetrator names to the central registry; the process to challenge the results of a Department of Human Services' investigation; and the process for expungement from the central registry upon request.

Your Committee has amended this measure by:

(1) Inserting an effective date of December 31, 2050, to encourage further discussion; and

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

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 S.B. No. 3114, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3114, 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,

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JOY A. SAN BUENAVENTURA, Chair