Haw. Code R. § 17-1610-19 : DEPARTMENT OF HUMAN SERVICES —Department of Human Services — CHILD WELFARE CASEWORK SERVICES — REPORTS AND RECORDS —1610-19 - Maintenance of records

(a) Records of reports of child abuse and/or neglect and subsequent action taken, by the department shall be maintained by the department in accordance with section 350-2(d), HRS, to assist in risk and safety assessments of a child who has been reported to be harmed or at risk of harm, provided that:
(1) The record of a child abuse and/or neglect report shall be expunged within ninety working days following the date:
(A) The report is unsubstantiated by the department; or
(B) The petition arising from the child abuse or neglect report has been dismissed by order of the family court.
(2) The record of a child abuse and/or neglect report that was investigated and found to be not confirmed shall be maintained by the department for use in future risk and safety assessments and for no other purpose;
(3) The record of a child abuse and/or neglect report that was investigated and found to be confirmed where the department finds after a review of the circumstances and facts of the case that there is evidence of substantial rehabilitation or an erroneous confirmation may be expunged; and
(4) The record of a child abuse or neglect report that was investigated and found to be confirmed shall be maintained by the department for future risk and safety assessments.
(5) The department shall comply with requests from other states to check its central registry for the purpose of conducting background checks in foster or adoptive placement cases.
(b) Other records maintained by the department shall be confidential and maintained and disclosed in accordance with chapter 17-1601 and departmental procedures.

Haw. Code R. § 17-1610-19

[Eff DEC 09 2010] (Auth: HRS §§ 346-14, 350-2) (Imp: HRS §§ 346-10, 350-2; 42 U.S.C. §5106 a; 45 C.F.R. §1340.14 )