Hawaii
HRS § 350-1.1 — Hawaii mandatory-reporting statute
- Clergy named as mandatory reporter?
- Yes
- Confessional exemption?
- Yes
- Statute
- HRS § 350-1.1
- Clergy named
- Expressly
- Pending
- —
Hawaii law names clergy as mandated reporters of child abuse, and information learned outside the confessional is always reportable. But the confession itself is protected by default. In 2023, Act 80 carved out one narrow exception: a clergy member must report a penitential communication when they believe abuse 'especially heinous, atrocious, or cruel, manifesting exceptional depravity' will occur in the foreseeable future. Past abuse, ongoing abuse, and most future abuse all stay inside the carveout. A parallel 2023 bill, HB789, took a different approach: it would have replaced the carveout with an 'exigent circumstances' test and amended the courtroom privilege in HRE Rule 506 as well. It was never heard in committee and died when the 2024 session adjourned. The statutory mechanics live at HRS § 350-1.1(a)(10), with the courtroom privilege governed separately by Rule 506. Hawaii has done part of the work. The everyday case is still inside the loophole UCO is pushing every state to close.