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 and amend them to recognize hanai relationships. (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   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 sections 551-B to 551-C:
 
 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 if the child is
 
13           under age three, the child must have resided with the
 
14           caregiver for six months or more; or if the child is
 
15           age three or older, the child must have resided with
 
16           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
 

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

 
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 1           legal custodian and has failed.
 
 2 A primary caregiver shall present a copy of the notarized
 
 3 affidavit upon request by the school, health care provider, or
 
 4 health care service plan.
 
 5      (b)  The notarized affidavit shall be renewed and updated
 
 6 annually.  The primary caregiver shall immediately notify the
 
 7 school, health care provider, or health care service plan if the
 
 8 minor no longer resides with the primary caregiver, and the
 
 9 affidavit of primary caregiver consent shall be immediately
 
10 revoked.
 
11      (c)  The notarized affidavit shall be superseded by any
 
12 contrary written decision of the parent, guardian, or legal
 
13 custodian of the minor if the parent, guardian, or legal guardian
 
14 communicates that decision to the school or the person giving
 
15 medical care, as applicable.
 
16      (d)  Any person who relies on the affidavit of primary
 
17 caregiver consent shall have no obligation to conduct any further
 
18 inquiry or investigation other than to clarify that the minor
 
19 resides with the caregiver as of the time of the enrollment in
 
20 school or medical care, as applicable.
 
21      (e)  No person who relies in good faith on the affidavit of
 
22 primary caregiver consent shall be subject to civil or criminal
 
23 liability, or to professional disciplinary action because of the
 

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