STAND. COM. REP. NO. 821

Honolulu, Hawaii

, 2001

RE: S.B. No. 138

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 138, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CAREGIVERS,"

begs leave to report as follows:

The purpose of this measure 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.

Your Committee received testimony in support of the measure from the Department of Human Services. The Department of Education submitted oral comments on the measure.

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.

 

Your Committee believes that in certain situations, it is appropriate for caregivers to have the capacity to consent on behalf of the minor in their care.

Your Committee has amended the measure by:

(1) Changing the term "notarized affidavit of caregiver consent" to "notarized power of attorney for caregiver consent" throughout the measure; and

(2) Including an exemption for minors who are subject to the federal Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973.

Your Committee has left the defective effective date in the measure to ensure its continued discussion.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 138, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 138, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair