Hawaii Revised Statutes, Chapter 588 — Children'S Justice Program

chapter-588Haw. Rev. Stat. ch. 588Code1 janv. 1986

Division 3. Property; Family — Title 31. Family

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).

Division 3 Property; Family

Title 31 Family

Chapter 588 Children'S Justice Program

§588-1 Children's justice program; establishment, purpose

(a) There is established a children's justice program within the judiciary. The mission of the program is to provide for the special needs of children as witnesses by promoting coordination for appropriate investigation, treatment, and legal processes, thereby reducing and preventing unnecessary trauma to children and ensuring justice for children and their families.

(b) The purposes of the program shall be to:

(1) Develop, achieve, and maintain interagency and interprofessional cooperation and coordination in the investigation of and management of cases involving suspected or confirmed:

(A) Victims of child sex abuse, serious physical child abuse, child sex trafficking, commercial sexual exploitation of children, and other child maltreatment; and

(B) Child witnesses to crime or violence;

(2) Facilitate in an impartial manner the professional gathering of information by public and private agencies and their providers for court proceedings involving child victims and witnesses;

(3) Reduce to the absolute minimum the number of interviews of child victims and witnesses so as to minimize revictimization of the child;

(4) Coordinate the therapeutic and treatment program for child victims and witnesses and their families;

(5) Provide for a multidisciplinary team and case management approach that focuses on the needs of, first, the child victim or witness; second, family members who are supportive of the child and whose interests are consistent with the best interests of the child; and third, law enforcement and prosecuting agencies;

(6) Provide for the training and continuing education of skilled professional interviewers of child victims and witnesses; and

(7) Serve as the focus of information and referral for child victim and witness programs.

[L 1986, c 169, pt of §1; am L 2001, c 219, §3; am L 2022, c 17, §1]

§588-1.5 Coordination function

[§588-1.5] Coordination function. (a) The program shall promote the sharing of information among agencies providing services to the child and family, for purposes of implementing this chapter.

(b) All agencies and their providers that have information regarding the mental, physical health, or other information relating to the best interest of the child shall share the information among the agencies working with the child unless otherwise prohibited by federal or state statute or rule. No agency shall further disclose any confidential information unless written consent expressly authorizing further disclosure is obtained from the person who is the subject thereof, or disclosure is permitted by law.

[L 2001, c 219, §2]

§588-2 Definitions of child abuse

For purposes of this chapter:

"Child sexual abuse" means any of the offenses described under chapter 707, part V, when committed against a person under the age of eighteen years or that damage or injure a child's physical or psychological health or welfare, where 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 712-1202(1)(b).

"Serious physical child abuse" means any of the offenses that damage or injure a child's physical or psychological health or welfare, where the child exhibits evidence of injury, including but not limited to:

(1) Substantial or multiple skin bruising;

(2) Substantial external or internal bleeding;

(3) Burn or burns;

(4) Malnutrition;

(5) Failure to thrive;

(6) Soft tissue swelling;

(7) Extreme pain;

(8) Extreme mental distress;

(9) Gross degradation;

(10) Poisoning;

(11) Fracture of any bone;

(12) Subdural hematoma; or

(13) Death; and

the injury is not justifiably explained, 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; when the offense rises to the degree of a felony as defined in section 701-107.

[L 1986, c 169, pt of §1; am L 2001, c 219, §4; am L 2011, c 43, §19; am L 2024, c 144, §6]

§588-3 Director, program administrative staff

The program shall be headed by a director appointed by the administrative director of the courts. The director and administrative staff shall be subject to chapter 76.

[L 1986, c 169, pt of §1; am L 2000, c 253, §150]

§588-4 Duties of the director

The director shall:

(1) Enter into agreements with police departments, departments of the prosecuting attorneys and county corporation counsels, the departments of the attorney general, health, and human services, and other public and private agencies, including agreements for the temporary assignment of appropriate personnel from each agency to the program;

(2) Enter into contracts for the provision of specialized training and continuing education for interviewers of child victims and witnesses from both public and private agencies and providers;

(3) Arrange for interviews of child victims and witnesses in an appropriate setting;

(4) Promote interagency cooperation and coordination, including information sharing and gathering, among the public and private agencies and their providers that deliver investigative, case management, and therapeutic services;

(5) Coordinate the flow of information between the agencies responsible for criminal prosecution and the agencies responsible for protective action in civil proceedings, including those professionals providing services to children and their families;

(6) Arrange for the exchange of information, to include statistical data from public and private agencies involved in child victims' and witnesses' programs and issues;

(7) Develop recommendations and plans for action to assist the public and private agencies involved in cases of child victims and witnesses; and

(8) Prepare and maintain records and reports for the program.

[L 1986, c 169, pt of §1; am L 1988, c 141, §59; am L 2001, c 219, §5; am L 2022, c 17, §2]

§588-5 Admissibility of evidence

Any evidence gathered at the center shall be gathered in such manner so as to be admissible as evidence at a judicial proceeding.

[L 1986, c 169, pt of §1]

§588-6 Repealed

[Repealed]

[L 2001, c 219, §6]

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