HAR §17-1605-2. Definitions

As used in this chapter: "Aggravated circumstances" means the same as defined in section 587A-4, Hawaii Revised Statutes (HRS). "Applicant" means a person who is requesting expungement of their record pursuant to section 350-2, HRS. "Central registry" means the department's record established pursuant to section 350-2.5, HRS, of the names of individuals who are confirmed as perpetrators of child abuse, neglect, harm, or threatened harm. "Child" means a person who is born alive and is less than eighteen years of age. "Child abuse or neglect" means the same as defined in section 350-1, HRS. 1605-2 3616 §17-1605-2 "Confirmed" means that, following an investigation conducted by the department, the department determined, or following a hearing in family court, the family court determined, by a preponderance of the evidence that a person was the perpetrator of child abuse or neglect, harm, or threatened harm. "Department" means the department of human services or its designee. "Electronic medium" means any recording, synthetic media, magnetic disc memory, magnetic tape memory, compact disk, digital video disk, thumb drive, or any other data recording hardware or media used with a computer. "Expungement" means that the name of a person whose record was in the central registry has been removed, so that when a person whose name was included in the central registry authorizes a search of their name on the registry, the results will indicate that their name is not on the registry. "Harm" means the same as defined in section 587A-4, HRS. "Not Confirmed" means that, following an investigation conducted by the department, the department determined, or following a hearing in family court, the family court determined, that there was not a preponderance of the evidence that a person was the perpetrator of child abuse or neglect, harm or threatened harm. "Preponderance of the evidence" means the same as defined in §587A-4, HRS. "Report" means the same as defined in section 350-1, HRS, unless otherwise required by the context in which it is used. "Severe forms of trafficking in persons" means the same as provided in title 22 United States Code Annotated section 7102. "Sex trafficking" means the same as provided in title 22 United States Code Annotated section 7102. "Threatened harm" means the same as defined in section 587A-4, HRS. [Eff DEC 5 2025] (Auth: HRS §§346-14, 350-1, 350-2, 350-2.5, and 587A-4; Title 1605-3 3616