STAND

STAND. COM. REP. 1500

Honolulu, Hawaii

, 2003

RE: S.B. No. 946

H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 946, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CAREGIVER CONSENT,"

begs leave to report as follows:

The purpose of the bill is to allow the caregiver of a minor, who is unable to obtain the signature of a minor's parent, guardian, or legal custodian, to enroll the minor in school and to allow the minor to participate in school activities.

Your Committee received testimony in support of the measure from Na Keiki Law Center, Kokua Council, the ILWU Local 142, and concerned individuals. The Department of Education (DOE) supported the intent of the measure but expressed concerns. The Department of Attorney General suggested amendments. The Office of Hawaiian Affairs supported the measure and provided revisions to address suggested amendments.

Your Committee finds that this measure addresses the need for caregiver consent in lieu of unobtainable consent from absentee parents in the context of school enrollment and school activities.

Your Committee has amended this bill by requiring that:

(1) A copy of the caregiver's affidavit be presented to DOE for inclusion in the minor's file;

(2) The caregiver documents the attempts to secure the parent's signature;

(3) The caregiver affirms that the minor's residency with the caregiver is not for the purpose of:

(a) Attending a particular school;

(b) Circumventing the department of education's district exemption process;

(d) Taking advantage of special services or programs offered at a particular school;

(4) That notification has been provided by the caregiver to the Child Protective Services Unit of the Department of Human Services if the minor covered by the affidavit is residing with the caregiver due to abuse or neglect perpetuated by the minor's parent;

(5) The caregiver consent affidavit shall be superseded by written notification by the minor's parent, guardian, or legal custodian to the minor's school principal rather than by a contrary decision communicated to the school;

(6) Persons relying on such affidavit shall not be subject to civil or criminal liability, or to professional disciplinary action; and

(7) DOE may transfer a minor to the minor's home if the minor has been enrolled in a school based on an invalid caregiver affidavit.

Your Committee has also made technical, nonsubstantive changes for style and clarity.

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. 946, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 946, H.D. 2.

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

		____________________________ ERIC G. HAMAKAWA, Chair