STAND. COM. REP. NO. 2977

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 Judiciary, to which was referred S.B. No. 3114, S.D. 1, 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 maintenance of the perpetrator's name in Hawaii's 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 the Attorney General, Department of Human Services, and one individual.

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

Your Committee finds that when the Department of Human Services confirms that a person is the perpetrator of child abuse or neglect, and the person's name is placed in the Central Registry, the information remains in the Central Registry indefinitely unless it is expunged. The Central Registry's information can be used as a basis for licensing and employment decisions and may also affect a person's ability to adopt a child. Information in the Central Registry can only be expunged if the report of abuse or neglect is later determined to be unconfirmed or through a judicial proceeding. This measure will clarify the process to challenge a Department of Human Services investigation and provide certain individuals with a way to have their information expunged from the Central Registry.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3114, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair