REPORT TITLE:
Child Custody; Consent


DESCRIPTION:
Allows caregiver to register a minor child for school and to
access school-related medical care; mandates the Department of
Education to review their current policies regarding student
admissions, amend them to recognize hanai and other kinship
relationships for purposes of enrollment and school-based medical
care, and report to the legislature 20 days prior to 2001 regular
session. (SB2442 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2442
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 1        
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CAREGIVERS.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 551, Hawaii Revised Statutes, is amended
 
 2 by adding a new part to be appropriately designated and to read
 
 3 as follows:
 
 4                   "PART   . CAREGIVER CONSENT
 
 5      §551-A  Definitions.  As used in this part:
 
 6      "Primary caregiver" means any person who is:
 
 7      (1)  An adult;
 
 8      (2)  Related by consanguinity, marriage, or adoption to the
 
 9           minor, including a person who is entitled prima facie
 
10           to an award of custody under section 571-46(2) but is
 
11           not the legal custodian or guardian of the minor; and
 
12      (3)  Resides with the minor; provided that:
 
13           (A)  If the child is under age three, the child must
 
14                have resided with the caregiver for six months or
 
15                more; or
 
16           (B)  If the child is age three or older, the child must
 
17                have resided with the caregiver for one year or
 
18                more.
 

 
Page 2                                                     2442
                                     S.B. NO.           S.D. 2
                                                        H.D. 1        
                                                        

 
 1      "School-related medical care" means medical care that is
 
 2 required by the State or county as a condition for school
 
 3 enrollment, including dental care, immunizations, physical
 
 4 examinations, and medical examinations conducted on school
 
 5 premises for students.
 
 6      §551-B  Primary caregiver consent.(a)  Notwithstanding any
 
 7 law to the contrary, a primary caregiver may enroll a minor in
 
 8 the school of the district in which the primary caregiver is
 
 9 domiciled, and may consent to school-related medical care if the
 
10 primary caregiver possesses a current notarized affidavit that
 
11 shall include but not be limited to:
 
12      (1)  The primary caregiver's name and current address;
 
13      (2)  The birthdate of the primary caregiver;
 
14      (3)  The number of the primary caregiver's Hawaii driver's
 
15           license or state identification card;
 
16      (4)  The relationship of the primary caregiver to the minor;
 
17      (5)  The name of the minor child;
 
18      (6)  The birthdate of the minor child;
 
19      (7)  The length of time the minor has resided with the
 
20           primary caregiver;
 
21      (8)  The signature of the primary caregiver; and
 
22      (9)  The signature of the minor's parent, guardian, or legal
 
23           custodian; provided that the signature of the minor's
 
24           parent, guardian, or legal custodian shall not be
 

 
Page 3                                                     2442
                                     S.B. NO.           S.D. 2
                                                        H.D. 1        
                                                        

 
 1           necessary if the primary caregiver includes a detailed
 
 2           statement that the primary caregiver has made a
 
 3           reasonable effort to locate the parent, guardian, or
 
 4           legal custodian and has failed.
 
 5 A primary caregiver shall present a copy of the notarized
 
 6 affidavit upon request by the school, health care provider, or
 
 7 health care service plan.
 
 8      (b)  The notarized affidavit shall be renewed and updated
 
 9 annually.  The primary caregiver shall immediately notify the
 
10 school, health care provider, or health care service plan if the
 
11 minor no longer resides with the primary caregiver, and the
 
12 affidavit of primary caregiver consent shall be deemed
 
13 immediately withdrawn for purposes of this part.
 
14      (c)  The notarized affidavit shall be superseded by any
 
15 contrary written decision of the parent, guardian, or legal
 
16 custodian of the minor if the parent, guardian, or legal guardian
 
17 communicates that decision to the school or the person giving
 
18 medical care, as applicable.
 
19      (d)  Any person who relies on the affidavit of primary
 
20 caregiver consent shall have no obligation to conduct any further
 
21 inquiry or investigation other than to clarify that the minor
 
22 resides with the caregiver as of the time of the enrollment in
 
23 school or medical care, as applicable.
 

 
Page 4                                                     2442
                                     S.B. NO.           S.D. 2
                                                        H.D. 1        
                                                        

 
 1      (e)  No person who relies in good faith on the affidavit of
 
 2 primary caregiver consent shall be subject to civil or criminal
 
 3 liability, or to professional disciplinary action because of the
 
 4 reliance on an affidavit of primary caregiver consent; provided
 
 5 that the person has no actual knowledge of any contrary decision
 
 6 under subsection (c).
 
 7      §551-C  Penalties.  Any caregiver who makes a false
 
 8 statement in the affidavit required under section 551-B, shall be
 
 9 shall be subject to the penalties under part V of chapter 710."
 
10      SECTION 2.  The department of education shall review
 
11 departmental policies regarding the admission of students and
 
12 modify them to recognize hanai and other kinship relationships
 
13 for the purposes of enrollment and school-based medical care.
 
14 The department shall submit a report of its findings and
 
15 recommendations regarding the modifications to the legislature no
 
16 later than twenty days prior to the convening of the 2001 regular
 
17 session.
 
18      SECTION 3.  In codifying the new sections added by this Act,
 
19 the revisor of statutes shall substitute appropriate section
 
20 numbers for the letters used in designating the new sections of
 
21 this Act.
 
22      SECTION 4.  This Act shall take effect upon its approval.