REPORT TITLE:
Child Custody; Consent


DESCRIPTION:
Allows caregiver of a child to give medical and educational
consent by affidavit; provided that educational consent is
limited to school-related medical care; subjects caregivers to
criminal penalties for making false statement on an affidavit.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
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 grouping to be appropriately designated and to
 
 3 read as follows:
 
 4                        "CAREGIVER CONSENT
 
 5      §551-   Definitions.  As used in sections 551-    to
 
 6 551-   :
 
 7      "Caregiver" means any person not less than eighteen years of
 
 8 age, who is the primary caregiver related by blood, marriage, or
 
 9 adoption to the minor, with whom the minor resides, including a
 
10 person is entitled prima facie to an award of custody under
 
11 section 571-46(2), but who is not the legal custodian or guardian
 
12 of the minor; provided that:
 
13      (1)  If the child is under age three, the child must have
 
14           resided with the caregiver for six months or more; or
 
15      (2)  If the child is age three or older, the child must have
 
16           resided with the caregiver for one year or more.
 
17      "School-related medical care" means medical care that is
 
18 required by the State or county as a condition for school
 
19 enrollment, including dental care, immunizations, physical
 
20 examinations, and medical examinations conducted on school
 

 
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 1 premises for students.
 
 2      §551-   Caregiver consent.(a)  Notwithstanding any law
 
 3 to the contrary, a caregiver who is eighteen years of age or
 
 4 older may consent on behalf of a minor to enrollment in school
 
 5 and school-related medical care if the caregiver possesses a
 
 6 current notarized affidavit of caregiver consent as required
 
 7 under section 551-   in which items 1-4 have been completed.  A
 
 8 caregiver who is a relative and who completes items 1-7 of the
 
 9 affidavit, shall have the same rights to authorize medical care
 
10 for the minor that are given to guardians under section
 
11 560:5-209.
 
12      (b)  The affidavit under section 551-    shall be superseded
 
13 by any contrary written decision of the parent or guardian having
 
14 legal custody of the minor as that decision pertains to the
 
15 enrollment of the minor in school or to medical care if the
 
16 parent or guardian communicates that decision to the school or
 
17 person giving medical care, as applicable. 
 
18      (c)  A person who relies on the affidavit of caregiver
 
19 consent shall have no obligation to make further inquiry or
 
20 investigation other than to clarify that the minor resides with
 
21 the caregiver as of the time of the enrollment in school or
 
22 medical care, as applicable.
 
23      (d)  No person who relies in good faith on the affidavit of
 

 
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 1 caregiver consent shall be subject to civil or criminal liability
 
 2 or to professional disciplinary action because of the reliance;
 
 3 provided that the person has no actual knowledge of any contrary
 
 4 decision under subsection (b).
 
 5      §551-   Affidavit of caregiver consent.  An affidavit of
 
 6 caregiver consent shall be in substantially the following form:
 
 7                  "CAREGIVER'S CONSENT AFFIDAVIT
 
 8 Use of this affidavit is authorized by section 551-   , Hawaii
 
 9 Revised Statutes.  Instructions:  Completion of items 1-4 and the
 
10 signing of the affidavit is sufficient to authorize enrollment of
 
11 a minor in school and authorize school-related medical care.
 
12 Completion of items 5-7 is additionally required to authorize any
 
13 other medical care.  Print clearly.
 
14 The minor named below lives in my home and I am eighteen years of
 
15 age or older.
 
16      1.   Name of minor: ________________________________________
 
17      2.   Minor's birth date: ___________________________________
 
18      3.   My name (Caregiver): __________________________________
 
19           _______________________________________________________
 
20      4.   My home address: ______________________________________
 
21           _______________________________________________________
 
22           _______________________________________________________
 
23      5.   I am a grandparent, aunt, uncle, or other qualified
 

 
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 1           relative of the minor ("qualified relative" means a
 
 2           spouse, parent, stepparent, brother, sister,
 
 3           stepbrother, stepsister, half-brother, half-sister,
 
 4           uncle, aunt, niece, nephew, first cousin, or any person
 
 5           denoted by the prefix "grand" or "great," or the spouse
 
 6           of any of the persons specified in this definition,
 
 7           even after the marriage has been terminated by death or
 
 8           dissolution).
 
 9      6.   My date of birth: _____________________________________
 
10      7.   My Hawaii driver's license or State identification
 
11           number:
 
12           _______________________________________________________
 
13      I declare under penalty of perjury under the laws of Hawaii
 
14      that the foregoing is true and correct.
 
15      Dated:  ____________________________________________________
 
16      Signed: ____________________________________________________
 
17      General Notices
 
18      1.   This declaration does not affect the rights of the
 
19           minor's parents or legal guardian regarding the care,
 
20           custody, and control of the minor, and does not mean
 
21           that the caregiver has legal custody of the minor.
 
22      2.   A person who relies on this affidavit has no obligation
 
23           to make any further inquiry or investigation.
 

 
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 1      Special Notices to Caregivers
 
 2      1.   If the minor stops living with you, you are required to
 
 3           notify any school, health care provider, or health care
 
 4           service plan to which you have given this affidavit.
 
 5      2.   If you do not have the information requested in item 7
 
 6           above (Hawaii driver's license or State identification),
 
 7           provide another form of identification.
 
 8      Special Notices to School Officials
 
 9      1.   This affidavit constitutes a sufficient basis for a
 
10           determination of residency of the minor, without the
 
11           requirement of a guardianship or other custody order,
 
12           unless the school determines from actual facts that the
 
13           minor is not living with the caregiver.
 
14      2.   The school may require additional reasonable evidence
 
15           that the caregiver lives at the address provided in
 
16           item 4 above.
 
17      Special Notices To Health Care Providers and Health Care
 
18 Service Plans
 
19      1.   No person who acts in good faith reliance upon a
 
20           caregiver's authorization affidavit to provide medical
 
21           care, without actual knowledge of facts contrary to
 
22           those stated on the affidavit, is subject to criminal
 
23           liability or to civil liability to any person, or is
 

 
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 1           subject to professional disciplinary action, for such
 
 2           reliance if the applicable portions of the form are
 
 3           completed.
 
 4      2.   This affidavit does not confer dependency for health
 
 5           care coverage purposes."
 
 6      §551-   Penalty.  A caregiver shall be subject to
 
 7 penalties under part V of chapter 710 for making a false
 
 8 statement in the affidavit under section 551-   ."
 
 9      SECTION 2.  This Act shall take effect upon its approval.