Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 946 entitled:

begs leave to report as follows:

The purpose of this measure is to allow a caregiver to execute an affidavit of caregiver consent to enroll a minor in school and allow full participation in curricular and co-curricular activities; and to provide for penalties under part V of chapter 710, Hawaii Revised Statutes, for making a false statement on an affidavit for caregiver consent.

Your Committee received testimony in support of this measure from the Volunteer Legal Services of Hawaii, three members of Na Tutu, Grandparents Raising Grandchildren Coalition, Hanai Advisory Task Force, and three concerned citizens. The Department of the Attorney General submitted opposing testimony.

Your Committee finds that in 2000, twelve percent of Hawaii's children lived with a grandparent. Usually, parents of these children cannot or will not care for their children. Caregivers often do not have legal documents designating them as legal guardian for the children. They often do not petition the courts for guardianship or other legal recognition for a variety of reasons. As a result, many caregivers experience difficulty enrolling the children in school.

Your Committee believes this is an important issue meriting further discussion during this legislative session.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 946 and recommends that it pass Third Reading.