Hawaii Revised Statutes 587A-3.5 – Authority to conduct criminal history record checks without consent
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Terms Used In Hawaii Revised Statutes 587A-3.5
- Child: means a person who is born alive and is less than eighteen years of age. See Hawaii Revised Statutes 587A-4
- Department: means the department of human services and its authorized representatives. See Hawaii Revised Statutes 587A-4
- Harm: means damage or injury to a child's physical or psychological health or welfare, where:
(1) The child exhibits evidence of injury, including, but not limited to: (A) Substantial or multiple skin bruising; (B) Substantial external or internal bleeding; (C) Burn or burns; (D) Malnutrition; (E) Failure to thrive; (F) Soft tissue swelling; (G) Extreme pain; (H) Extreme mental distress; (I) Gross degradation; (J) Poisoning; (K) Fracture of any bone; (L) Subdural hematoma; or (M) Death; and the injury is not justifiably explained, or the history given concerning the condition or death is not consistent with the degree or type of the condition or death, or there is evidence that the condition or death may not be the result of an accident;
(2) The child has been the victim of sexual contact or conduct, including sexual assault; sodomy; molestation; sexual fondling; incest; prostitution; obscene or pornographic photographing, filming, or depiction; or other similar forms of sexual exploitation, including but not limited to acts that constitute an offense pursuant to section 7121202(1)(b); (3) The child's psychological well-being has been injured as evidenced by a substantial impairment in the child's ability to function; (4) The child is not provided in a timely manner with adequate food; clothing; shelter; supervision; or psychological, physical, or medical care; (5) The child is provided with dangerous, harmful, or detrimental drugs as defined in section 712-1240, except when a child's family administers drugs to the child as directed or prescribed by a practitioner as defined in section 712-1240; or (6) The child has been the victim of labor trafficking under chapter 707. See Hawaii Revised Statutes 587A-4
When an assessment is required pursuant to this chapter, the department may conduct criminal history record checks, without consent, of an alleged perpetrator of harm or threat of harm and all adult household members to ensure the safety of the child.