If someone you love is living in a nursing home in Honolulu, you’re trusting that the people caring for them — the doctors, the nurses, the staff — are watching out for them. But what happens when someone inside that facility sees something wrong and says nothing?
Under Hawaii law, certain professionals aren’t just encouraged to report suspected elder abuse — they’re legally required to. These individuals are called mandated reporters, and nursing home staff are among them. When a mandated reporter stays silent, they don’t just fail a vulnerable person. They may also be committing a crime — and the facility they work for may bear civil liability for that failure.
At the Law Office of Dennis W. Potts, we have spent more than 50 years protecting Hawaiʻi’s kupuna — our cherished elders — from exactly this kind of institutional neglect and silence. Understanding who is legally required to report elder abuse in Hawaii is one of the most important things a family member can know. Here’s what the law says, who it covers, and what you can do if it wasn’t followed.
What Is a Mandated Reporter Under Hawaii Law?
Hawaii Revised Statutes (HRS) Chapter 346, Part X — specifically § 346-224 — establishes the framework for mandatory reporting of vulnerable adult abuse in our state. Under this statute, a vulnerable adult is defined as any person 18 years or older who, because of a mental, developmental, or physical impairment, is unable to:
- Communicate or make responsible decisions to manage their own care or resources;
- Carry out or arrange for essential activities of daily living; or
- Protect themselves from abuse.
Most nursing home residents clearly meet this definition. That means the professionals caring for them — and the facilities employing those professionals — are operating in a legally heightened environment of duty, accountability, and mandatory reporting obligation.
Who Is Considered a Mandated Reporter for Elder Abuse in Hawaii?
Under HRS § 346-224, any of the following individuals who, in the performance of their professional or official duties, know or have reason to believe that a vulnerable adult has been abused — or is in danger of abuse if immediate action is not taken — must promptly report to the Hawaii Department of Human Services (DHS):
Mandated Reporters Under HRS § 346-224
- Licensed healthcare professionals — physicians, nurses, psychologists, dentists, osteopathic surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals who examine, treat, or provide services to a vulnerable adult
- Employees and officers of public or private agencies providing social, medical, hospital, or mental health services, including those providing financial assistance
- Law enforcement personnel — employees and officers of any law enforcement agency, including the courts and police departments
- Nursing home and care facility staff — employees and officers of any adult residential care home, adult day care center, or similar institution
- Licensed social workers and non-licensed persons employed in social worker positions pursuant to HRS § 467E-6(2)
In short: if you work in a nursing home, an adult care facility, a hospital, a social services agency, or in law enforcement, and you interact with a vulnerable adult, you are very likely a mandated reporter under Hawaii law.
It’s also worth noting that any member of the public who has reason to believe a vulnerable adult is being abused may make a report — even if they are not a mandated reporter. The law simply requires certain professionals to report. For everyone else, reporting is strongly encouraged. Mandated reporters who knowingly fail to report are subject to criminal consequences. Members of the public who report in good faith are immune from civil and criminal liability.
What Must a Mandated Reporter Actually Do?
When a mandated reporter knows or has reason to believe a vulnerable adult has been abused or is in imminent danger, Hawaii law requires the following specific steps:
- Make an immediate oral report to Hawaii Adult Protective Services (APS) at (808) 832-5115. This initial call must happen promptly — not days later, not after consulting a supervisor. Promptly.
- Follow up in writing as soon as possible using DHS Form 1640, available through the Hawaii Department of Human Services. The written report must include: the vulnerable adult’s name and address; the alleged abuser’s identity, if known; the nature and extent of the injury or harm; and any other information the reporter believes may be helpful.
- If the vulnerable adult is in immediate physical danger, call 911 first. APS reporting follows — it does not replace emergency intervention.
A critical point: the law does not require a mandated reporter to be certain that abuse occurred. Reason to believe is the standard. Unexplained bruising, sudden behavioral changes, signs of malnourishment, or a resident’s fearfulness around particular staff members can all meet that threshold.
“The people of Hawaiʻi hold tremendous respect for the elderly. Our kupuna are the practitioners of aloha, pono, and malama. When that aloha is betrayed inside a nursing home, we take it personally.”
— Dennis W. Potts, Founding Attorney, The Law Office of Dennis W. Potts
What Happens When a Nursing Home Fails to Report?
Under HRS § 346-224(e), any person who knowingly fails to report as required — or who willfully prevents another person from reporting — is guilty of a petty misdemeanor under Hawaii law. That is a criminal consequence, not merely a professional one.
But the implications go beyond criminal law. When a nursing home’s staff member fails to report suspected abuse, that failure can constitute a separate act of negligence — one that may be directly tied to the continued harm your loved one suffered. If an early report could have triggered an investigation, removed an abusive staff member, or triggered a care plan review, and that report was never made, the facility may bear civil liability for everything that happened afterward.
Our Honolulu nursing home negligence attorneys investigate not only whether abuse occurred — but whether the facility’s own reporting failures allowed that abuse to continue. In many cases, this is where institutional accountability becomes most powerful.
What If You’re Not a Mandated Reporter But You Suspect Abuse?
You don’t need to be a healthcare professional or a social worker to report suspected nursing home abuse in Hawaii. Anyone can call the APS Statewide Reporting Line at (808) 832-5115. You may remain anonymous. You are immune from civil and criminal liability if you report in good faith.
If you are a family member who has noticed warning signs — unexplained injuries, a sudden change in your loved one’s demeanor, poor hygiene, weight loss, or fearfulness around specific staff — do not wait for a nursing home employee to act. You have every right to report directly, and we strongly encourage you to do so.
At the same time, reporting to APS and seeking legal counsel are not mutually exclusive. In fact, they complement each other. An APS investigation protects your loved one going forward. A civil claim with the nursing home abuse attorneys at Potts Law holds the facility accountable for the harm already done — and seeks the compensation your family deserves.
Frequently Asked Questions
Who is considered a mandated reporter for elder abuse in Hawaii?
Under Hawaii Revised Statutes § 346-224, mandated reporters include licensed healthcare professionals (physicians, nurses, dentists, pharmacists, chiropractors, optometrists, podiatrists, and other health-related providers), employees of public or private social, medical, or mental health agencies, law enforcement officers, employees and officers of nursing homes and adult care facilities, and licensed social workers. Failure to report is a petty misdemeanor under Hawaii law.
What must a mandated reporter do when they suspect elder abuse in Hawaii?
Mandated reporters must promptly make an oral report to the Hawaii Department of Human Services Adult Protective Services at (808) 832-5115, followed as soon as possible by a written report on DHS Form 1640. The report must include the vulnerable adult’s name and address, the alleged abuser’s identity if known, the nature of the injury or harm, and any other relevant information. If the adult is in immediate danger, 911 should be called first.
Can a nursing home be held liable for failing to report elder abuse in Hawaii?
Yes. Nursing home employees are designated mandated reporters under HRS § 346-224. If a facility or its staff knowingly failed to report suspected abuse, that failure may constitute additional negligence and support a civil claim against the facility. The Honolulu nursing home attorneys at Potts Law can evaluate whether a reporting failure contributed to your loved one’s harm.
Is there a statute of limitations for nursing home abuse claims in Hawaii?
In Hawaii, the statute of limitations for personal injury and medical malpractice — which covers most nursing home abuse cases — is generally two years from the date the injury occurred or was discovered. Because evidence can disappear quickly and APS investigations move on their own timeline, it is critical to speak with a Honolulu nursing home attorney as early as possible to protect your legal rights.
Protecting Hawaiʻi’s Kupuna Is Our Mission
For over 50 years, Attorney Dennis W. Potts has stood as a fierce advocate for Hawaiʻi’s most vulnerable residents. He understands that in Hawaiian culture, the kupuna — our elders — are not a burden. They are the keepers of aloha, the teachers of pono, and the living memory of our islands. When a nursing home fails them, it fails all of us.
Dennis and his son Trevor Potts — a Top 40 Under 40 attorney by the National Trial Lawyers, born and raised right here on Oʻahu — personally handle every case that comes through their firm. No case managers. No junior associates. Just experienced attorneys who know Hawaii’s elder care system, its courts, and its culture from the inside out.
Since 2007, the firm has maintained a 100% favorable outcome rate for clients. They have secured multimillion-dollar results in nursing home abuse and wrongful death cases — and they don’t charge a single dollar unless they win yours.
About the Attorneys
Dennis W. Potts, Esq.
Founding Attorney · The Law Office of Dennis W. Potts · Honolulu, HI
Dennis W. Potts has been protecting Hawaiʻi’s injured and vulnerable for over 50 years. Admitted to the California and Hawaii state bars in 1971, he has practiced before the Hawaii and California state courts, the U.S. District Courts for Hawaii and Central California, the Ninth Circuit Court of Appeals, and the United States Supreme Court. He holds an AV Preeminent rating from Martindale-Hubbell — the highest peer review rating available — and is a Fellow of Hawaii Attorneys for Justice and a member of the American Association for Justice. A resident of Hawaiʻi for over 45 years, Dennis has a 100% favorable outcome rate for clients since 2007 and has recovered millions of dollars on behalf of nursing home abuse victims.
Trevor S. Potts, Esq.
Partner · The Law Office of Dennis W. Potts · Born and raised on Oʻahu
Trevor Potts joined his father’s practice in 2017 after earning his J.D. with honors from Thomas Jefferson School of Law, where he received the Jefferson Medal for Sports Law and the Witkin Award for Academic Excellence. He has been recognized every year since 2017 as a Top 40 Under 40 attorney by the National Trial Lawyers. Admitted to practice in Hawaii and California state and federal courts, Trevor is a member of the Hawaii State Bar Association, the Federal Bar Association, Hawaii Attorneys for Justice, the Native Hawaiian Legal Society, and the American Bar Association.
The Law Office of Dennis W. Potts · 841 Bishop Street, Suite 1628, Honolulu, HI 96813 · (808) 537-4575 · pottsalc.com