REPORT TITLE:
Elderly & Dependent Adults


DESCRIPTION:
Allows dependent adults or their guardians to obtain information
on a person's criminal record or confirmed cases of abuse;
requires police and adult protective service workers to report to
each other on abuse complaints.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           995
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ELDERLY AND DEPENDENT ADULTS. 


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

 1      SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§346-    Background checks.  A dependent adult or
 
 5 representative of a dependent adult may obtain verifiable
 
 6 information regarding the criminal history or confirmed cases of
 
 7 abuse under this part from the department, department of commerce
 
 8 and consumer affairs, Hawaii criminal justice data center, or an
 
 9 entity under section 321-11(10), of a person or entity who is
 
10 caring for the dependent adult or is seeking to care for the
 
11 dependent adult, or who is employed or is seeking employment,
 
12 notwithstanding section 378-2.5, in a position which places the
 
13 person or entity in close proximity to the dependent adult in a
 
14 private home, care home, or institution.  The information
 
15 obtained shall be used solely for the purpose of assuring the
 
16 reputable and responsible character and integrity of the person
 
17 or entity, as appropriate, and shall be subject to applicable
 
18 federal and state laws and regulations."
 
19      SECTION 2.  Section 346-225, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "[[]§346-225[]]  Confidentiality of reports.  [All] (a)
 
 3 Except as provided in subsection (b), reports made pursuant to
 
 4 this part, including the identity of the reporting person, as
 
 5 well as all records of such reports, are confidential and any
 
 6 person who makes an unauthorized disclosure of a report or
 
 7 records of a report under this part shall be guilty of a
 
 8 misdemeanor.  The director of human services may adopt, amend, or
 
 9 repeal rules, pursuant to chapter 91, to provide for the
 
10 confidentiality of reports and records, and for the authorized
 
11 disclosure of reports and records.
 
12      (b)  The department and the police department of the county
 
13 where an abuse occurs shall report in writing to one another of
 
14 any report under section 346-224 within twenty-four hours of an
 
15 initial report received by either.  A written report shall
 
16 contain, at a minimum:
 
17      (1)  The name and address of the dependent adult;
 
18      (2)  The name and address of the dependent adult's guardian
 
19           or other person responsible for the dependent adult's
 
20           care, including an entity;
 
21      (3)  The name and address of the person or entity that is
 
22           suspected of committing the abuse, if known;
 
23      (4)  The dependent adult's proximate age;
 

 
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 1      (5)  The nature, extent, and type of abuse; and
 
 2      (6)  Any other information that may be helpful or relevant
 
 3           to the investigation of abuse."
 
 4      SECTION 3.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:  _______________________