Committee moves bill clarifying poverty alone should not be child abuse or neglect

The House Committee on Judiciary & Hawaiian Affairs advanced House Bill 239 (HD1) on Feb. 25. The bill clarifies that the failure to provide certain needs to a child shall not constitute child abuse or neglect if the sole reason the caregiver cannot adequately provide for the child is lack of financial resources.

Child welfare advocates and community groups supporting the bill said it is a necessary clarification that would reduce the criminalization of poverty. "Poverty does not reflect a parent's love or commitment to their child," social work intern Thomas McNorton told the committee, and the Malama Ohana Working Group recommended statutory changes and a continuum of supports for families facing homelessness and food insecurity.

The Department of Human Services provided written comments and cautioned the committee that a statutory change could affect whether families qualify for services. An agency witness told the committee that when Child Welfare Services does not confirm abuse or neglect, "no services are offered to a family," and said the statutory clarity could have the unintended consequence of leaving some vulnerable children without necessary supports unless practice and funding changes accompany the law.

Supporters urged that the bill be paired with investments in prevention and family support. "This is really an important shift from an attitude of ... punishment to an attitude of help and support," Laurie Toshiki, co-chair of the Malama Ohana Working Group, told the committee.

The committee voted to advance HB 239 (HD1) to allow further legislative consideration and discussion between DHS and advocates on implementation and service access.