HB85

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 a false statement on an affidavit.

HOUSE OF REPRESENTATIVES	H.B. NO.	85
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

relating to caregivers.

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

SECTION 1. Chapter 551, Hawaii Revised Statutes, is amended by adding a new grouping to be appropriately designated and to read as follows:

"CAREGIVER CONSENT

§551- Definitions. As used in sections 551- to 551- :

"Caregiver" means any person not less than eighteen years of age, who is the primary caregiver related by blood, marriage, or adoption to the minor, with whom the minor resides, including a person who is entitled prima facie to an award of custody under section 571-46(2), but who is not the legal custodian or guardian of the minor; provided that:

(1) If the child is under age three, the child must have resided with the caregiver for six months or more; or

(2) If the child is age three or older, the child must have resided with the caregiver for one year or more.

"School-related medical care" means medical care that is required by the State or county as a condition for school enrollment, including dental care, immunizations, physical examinations, and medical examinations conducted on school premises for students.

§551- Caregiver consent. (a) Notwithstanding any law to the contrary, a caregiver who is eighteen years of age or older may consent on behalf of a minor to enrollment in school and school-related medical care if the caregiver possesses a current notarized affidavit of caregiver consent as required under section 551- in which items 1 to 4 have been completed. A caregiver who is a relative and who completes items 1 to 7 of the affidavit, shall have the same rights to authorize medical care for the minor that are given to guardians under section 560:5-209.

(b) The affidavit under section 551- shall be superseded by any contrary written decision of the parent or guardian having legal custody of the minor as that decision pertains to the enrollment of the minor in school or to medical care if the parent or guardian communicates that decision to the school or person giving medical care, as applicable.

(c) A person who relies on the affidavit of caregiver consent shall have no obligation to make further inquiry or investigation other than to clarify that the minor resides with the caregiver as of the time of the enrollment in school or medical care, as applicable.

(d) No person who relies in good faith on the affidavit of caregiver consent shall be subject to civil or criminal liability or to professional disciplinary action because of the reliance; provided that the person has no actual knowledge of any contrary decision under subsection (b).

§551- Affidavit of caregiver consent. An affidavit of caregiver consent shall be in substantially the following form:

"CAREGIVER'S CONSENT AFFIDAVIT

Use of this affidavit is authorized by section 551- , Hawaii Revised Statutes. Instructions: Completion of items 1 to 4 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and to authorize school-related medical care. Completion of items 5 to 7 is additionally required to authorize any other medical care. Print clearly. The minor named below lives in my home and I am eighteen years of age or older.

1. Name of minor: _______________________________________

2. Minor's birth date: __________________________________

3. My name (Caregiver): _________________________________

______________________________________________________

4. My home address:______________________________________

______________________________________________________

5. I am a grandparent, aunt, uncle, or other qualified relative of the minor ("qualified relative" means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or "great," or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution).

6. My date of birth: ____________________________________

7. My Hawaii driver's license or State identification number:

______________________________________________________

I declare under penalty of perjury under the laws of Hawaii that the foregoing is true and correct.

Dated: ___________________________________________________

Signed: ___________________________________________________

General Notices

1. This declaration does not affect the rights of the minor's parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.

2. A person who relies on this affidavit has no obligation to make any further inquiry or investigation.

Special Notices to Caregivers

1. If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit.

2. If you do not have the information requested in item 7 above (Hawaii driver's license or State identification), provide another form of identification.

Special Notices to School Officials

1. This affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school determines from actual facts that the minor is not living with the caregiver.

2. The school may require additional reasonable evidence that the caregiver lives at the address provided in item 4.

Special Notices To Health Care Providers and Health Care Service Plans

1. No person who acts in good faith reliance upon a caregiver's authorization affidavit to provide medical care, without actual knowledge of facts contrary to those stated on the affidavit, is subject to criminal liability or to civil liability to any person, or is subject to professional disciplinary action, for such reliance if the applicable portions of the form are completed.

2. This affidavit does not confer dependency for health care coverage purposes."

§551- Penalty. A caregiver shall be subject to penalties under part V of chapter 710 for making a false statement in the affidavit under section 551- ."

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
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