Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
Click the state on the interactive map below or use the drop-down list
Haw. Rev. Stat. §412:3-114.5(a)(1)-(2), (e)(1)-(2), (f).
Haw. Rev. Stat. § 346-222.
Haw. Rev. Stat. § 485A-801, (2)(B).
Haw. Rev. Stat. § 485A-802.
Haw. Rev. Stat. § 485A-803.
Haw. Rev. Stat. § 485A-806(a)-(b).
Haw. Rev. Stat. § 485A-807.
(Mandated? Permissive?)
A financial institution. (Mandated)
A broker-dealer, investment adviser representative, investment adviser, or person who serves in a supervisory or compliance capacity for a broker-dealer or an investment adviser. (Mandated)
Any person. (Permissive)
(Y/N)
Yes, a broker-dealer or investment adviser may delay. Haw. Rev. Stat. § 485A-806(a).
Expires upon the sooner of: A determination by the qualified person that the requested disbursement or transaction will not result in financial exploitation of the elder or vulnerable adult; or Fifteen business days after the date on which the qualified person first delayed the requested disbursement or transaction, unless the commissioner requests that the qualified person extend the delay, in which case the delay shall expire no later than twenty-five business days after the date on which the qualified person first delayed the requested disbursement or transaction, unless sooner terminated or further extended by the commissioner or by an order of a court of competent jurisdiction. Haw. Rev. Stat. § 485A-806(b).
Any licensed or registered professional of the healing arts and any health-related occupation who examines, treats, or provides other professional or specialized services to a vulnerable adult, including physicians, physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals; employees or officers of any public or private agency or institution providing social, medical, hospital, or mental health services, including financial assistance; employees or officers of any law enforcement agency, including the courts, police departments, correctional institutions, and parole or probation offices; employees or officers of any adult residential care home, adult day care center, or similar institution; medical examiners or coroners; and social workers and non-licensed persons employed in a social worker position. Nothing in this section shall require a member of the clergy to report communications that are protected under rule 506 of the Hawaii rules of evidence. Haw. Rev. Stat. § 346-224(a), (g).
A financial institution shall report suspected financial abuse that is directed towards, targets, or is committed against an elder to the department of human services and the appropriate county police department if in connection with providing financial services to the elder, the officer or employee of a financial institution: has direct contact with the elder; or reviews or approves the elder’s financial document, records, or transaction; and the officer or employee, within the scope of employment or professional practice: observes or has knowledge of an incident the officer or employee believes in good faith appears to be financial abuse; or in the case of officer or employers who do not have direct contact with the elder, has a good faith suspicion that financial abuse has occurred or may be occurring, based solely on the information present at the time of reviewing or approving the document, record, or transaction. Haw. Rev. Stat. § 412:3-114.5(a)(1)-(2).
Any person not enumerated in subsection (a) who has reason to believe that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken may report the matter orally to the department. Haw. Rev. Stat. § 346-224(d).
If a qualified person reasonably believes that financial exploitation of an elder or a vulnerable adult may have occurred, may have been attempted, or is being attempted, the qualified person shall promptly notify the commissioner. Haw. Rev. Stat. § 485A-802.
Qualified Person: Any agent, broker-dealer, investment adviser representative, investment adviser, or person who serves in a supervisory or compliance capacity for a broker-dealer or an investment adviser. Haw. Rev. Stat. § 485A-801(2)(B).
Vulnerable Adult: A person eighteen years of age or older who, because of mental, developmental, or physical impairment, is unable to: (1) communicate or make responsible decisions to manage the person’s own care or resources; (2) carry out or arrange for essential activities of daily living; or (3) protect oneself from abuse. Haw. Rev. Stat. § 346-222 and Haw. Rev. Stat. § 485A-801(2)(B)(1)-(3).
Elder: A person who is sixty-two years of age or older. Haw. Rev. Stat. § 412:3-114.5(f) and Haw. Rev. Stat. § 485A-801.
Yes.
Any person, including a financial institution, who: participates in the making of a report pursuant to this section; and believes, in good faith, that the action is warranted by facts known to that person, shall have immunity from any liability, civil or criminal, that might be otherwise incurred or imposed by or as a result of the making of the report. Any person making the report shall have the same immunity with respect to participation in any judicial proceeding resulting from the report. Haw. Rev. Stat. § 412:3-114.5(e)(1)-(2).
A qualified person who, in good faith and exercising reasonable care, makes a disclosure of information pursuant to section 485A-802 shall be immune from administrative or civil liability that might otherwise arise from the disclosure or for any failure to notify the commissioner of the disclosure. Haw. Rev. Stat. § 485A-803.
A qualified person who, in good faith and exercising reasonable care, complies with section 485A-806 shall be immune from any administrative or civil liability that might otherwise arise from a delay of a requested disbursement or transaction in accordance with that section. Haw. Rev. Stat. § 485A-807.
** See Senior Safe Act
AS SEEN IN:
