STAND. COM. REP. NO. 1008-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2442
                                     S.D. 2
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Education and Health, to which was
referred S.B. No. 2442, S.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO CAREGIVERS,"

beg leave to report as follows:

     The purpose of this bill is to:

     (1)  Allow a primary caregiver who possesses a current
          notarized affidavit to enroll a minor in school and
          consent to school-related medical care for the child;
          and 
     (2)  Require the Department of Education (DOE) to review and
          modify its admission policy to recognize hanai or
          kinship relations for purposes of enrollment and
          school-based medical care, and submit a report to the
          Legislature.

     The Windward Oahu Family and Community Education Council,
the Na Tutu Coalition, Grandparents Raising Grandchildren, and
concerned individuals submitted testimony in support of this
bill.

     With respect to the primary caregiver affidavit, the bill:

     (1)  Clarifies that the  primary caregiver must present upon
          request a copy of the affidavit to the school, the
          health care provider, or the health care service plan;

 
 
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     (2)  Adds the requirement that the affidavit:

          (A)  Include a detailed statement that reasonable
               efforts to locate the parent, guardian, or legal
               custodian have failed;

          (B)  Must be renewed and updated annually; and 

          (C)  Is deemed immediately withdrawn for purposes of
               this part if the minor no longer resides with the
               primary caregiver; and

     (3)  Deletes the Caregiver's Consent Affidavit form, thereby
          making it easier for the primary caregiver to provide
          the required information.

     Your Committees note that the testimony in opposition
submitted by the DOE contained the following concerns:

     (1)  The affidavit will eliminate the DOE's ability to
          determine who has true custody of the child.  Anybody
          can say that they are related to the child.  A
          kidnapper would not stop at lying in the affidavit.  It
          is important that the Family Court determine the
          custody of the child; and

     (2)  The primary caregiver affidavit could be used to
          circumvent the DOE's Geographic Exceptions, which gives
          priority to students who are physically residing in a
          schools' attendance area and are not living with legal
          guardians or parents.  The affidavit could be used to
          "illegally" register children who may still live with
          their parents or legal guardians in a different
          attendance area.  If the concern of the bill is health
          immunization, then DOE suggests that the bill be
          limited to that purpose. 

     Your Committees have amended this bill by making technical,
nonsubstantive amendments for purposes of style, clarity, and
consistency.

     As affirmed by the records of votes of the members of your
Committees on Education and Health that are attached to this
report, your Committees are in accord with the intent and purpose
of S.B. No. 2442, S.D. 2, as amended herein, and recommend that
it pass Second Reading in the form attached hereto as S.B. No.
2442, S.D. 2, H.D. 1, and be referred to the Committee on
Judiciary and Hawaiian Affairs.

 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Education and
                                   Health,

                                   
                                   
                                   
                                   
______________________________     ______________________________
ALEXANDER C. SANTIAGO, Chair       KEN ITO, Chair