Definitions of Child Abuse and Neglect Hawaii

Statute: § 350-1

Standard

Acts or omissions resulting in the child being harmed or subject to any reasonably foreseeable, substantial risk of being harmed

Exemption

Not addressed in statutes reviewed

Categories of Maltreatment Defined in Statute

Physical abuse

Neglect

Sexual abuse

Sexual exploitation

Emotional/mental injury

Categories of Maltreatment Not Defined in Statute

Abandonment

DEFINITIONS

Haw. Rev. Stat. § 350-1 (1998)

'Child abuse or neglect' means the acts or omissions of any person who, or legal entity which, is in any manner or degree related to the child, is residing with the child, or is otherwise responsible for the child's care, that have resulted in the physical or psychological health or welfare of the child, who is under the age of 18, to be harmed, or to be subject to any 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:

When the child exhibits evidence of substantial or multiple skin bruising or any other internal bleeding; any injury to skin causing substantial bleeding; malnutrition; failure to thrive; burn or burns; poisoning; fracture of any bone; subdural hematoma; soft tissue swelling; extreme pain; extreme mental distress; gross degradation; death; and such injury is not justifiably explained, or when the history given concerning such condition or death is at variance 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; or

When the child has been the victim of sexual contact or conduct, including, but not limited to, sexual assault as defined in the Penal Code, molestation, sexual fondling, incest, or prostitution; obscene or pornographic photographing, filming, or depiction; or other similar forms of sexual exploitation; or

When there exists injury to the psychological capacity of a child as is evidenced by an observable and substantial impairment in the child's ability to function; or

When the child is not provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision; or

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.