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 S.B. No. 138, S.D. 2, entitled:

begs leave to report as follows:

The purpose of this bill is to:

Na Tutu, Grandparents Raising Grandchildren supported this measure with amendments.

The Department of Human Services (DHS) supported the intent of this measure. However, DHS did not support allowing the caregiver to consent to school-related medical care based solely on possession of the notarized power of attorney for caregiver consent without further legal authorization and support.

The Department of Education (DOE) opposed this measure. DOE expressed concerns that this measure may create a loophole for individuals to obtain geographical exemptions when enrolling a child in school. DOE was also concerned that it would be difficult to determine exactly who has custody over a child, and that parental rights would be diminished.

Your Committee understands that many children in Hawaii are being abandoned for reasons such as illicit drug use, alcoholism, and divorce. Grandparents and other family members are often left to care for "abandoned" children. Although these individuals are the primary caregivers of the child, they are not allowed to make decisions for child-related school matters and school-related medical care.

Individuals testified that children under these circumstances are frequently denied enrollment in public schools. Sometimes, they are enrolled, but the previous school the child attended will not forward records to the new school. This has created hardships to caregivers as well as the children involved.

Your Committee notes that it agrees with Na Tutu's testimony that many of the children affected by this bill have parents who are not around to sign a power of attorney. Some parents are in and out of these children's lives, and even if they were presented with a power of attorney, would not sign it for fear of being responsible for child support.

In Hawaii, children commonly live with their grandparents or other extended family. Your Committee, while understanding the concerns raised by all parties, feels strongly that this situation needs to be addressed immediately. Your Committee has facilitated a collaborative effort among all interested parties to amend this bill.

Accordingly, your Committee has amended the measure by removing the substantive contents and replacing it with language which:

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 S.B. No. 138, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 138, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.