Bill > SB1104

This bill amends Hawaii's legal definition of child abuse or neglect to provide more nuanced protections for families experiencing poverty. Specifically, the bill clarifies that failure to provide a child with adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision will only be considered child abuse or neglect if the responsible caregiver is financially able to provide those necessities and deliberately fails to do so, or if the caregiver has been offered financial or other reasonable means to provide for the child and refuses those offers. The legislature acknowledges that poverty itself does not constitute child abuse, and that an inability to provide care is different from an unwillingness to provide care. This change aims to prevent children from being removed from their homes solely due to economic hardship, while still maintaining protections for children who are genuinely at risk. The bill modifies existing statutes to explicitly state these conditions, ensuring that child protective services consider a caregiver's financial capacity and available resources when determining whether a situation constitutes child abuse or neglect.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=1104&year=2026