STAND. COM. REP. NO.182
Honolulu, Hawaii
, 2001
RE: H.B. No. 85
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Health, to which was referred H.B. No. 85 entitled:
"A BILL FOR AN ACT RELATING TO CAREGIVERS,"
begs leave to report as follows:
The purpose of this bill is to:
(1) Allow the caregiver of a child to give medical and educational consent by affidavit provided that educational consent is limited to school-related medical care; and
(2) Subject caregivers to criminal penalties for making
false statements on an affidavit.
Testimony in support of this measure was received from the Na Tutu Coalition and the Windward Oahu Family and Community Education organization.
The Department of Human Services supported the intent of this measure but had reservations regarding the validity of the affidavit without further legal support and authorization.
Serious concerns regarding this measure were also verbalized by the Department of Education (DOE). DOE felt that this measure would force them to be in non-compliance with the Federal Individuals with Disabilities Education Act and federal requirements regarding the Felix Consent Decree. DOE also voiced concerns regarding the validity of the proposed affidavit.
Your Committee understands that many children in Hawaii are being abandoned for reasons such as illicit drug use, alcoholism, and divorce. Moreover, these children are generally cared for by grandparents or other family members. In addition, your Committee finds that although these persons are the primary caregivers of the child, they are not allowed to make decisions for child related school matters and school related medical care. This can create a hardship to the caregiver as well as the child.
Recognizing that grandparents and other family members do play an important role as primary caregivers for many children in Hawaii and the concerns expressed by the Department of Human Services and DOE, your Committee has amended this bill by:
(1) Addressing the possible abuse of the process to obtain geographical exemption;
(2) Amending the length of time a child must be with the primary caregiver before an affidavit will be issued;
(3) Allowing the Superintendent of Education to waive this time requirement;
(4) Exempting minors to whom the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973 and the Felix Consent Decree applies;
(5) Allowing the Department of Education to make an annual review of the affidavit; and
(6) Making technical, nonsubstantive amendments for purposes of clarity and style.
As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 85, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 85, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Health,
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____________________________ DENNIS A. ARAKAKI, Chair |