STAND. COM. REP. NO. 883-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2161

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Health and Human Services and Housing, to which was referred S.B. No. 2161 entitled:

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

beg leave to report as follows:

The purpose of this bill is to authorize a minor's caregiver to consent to health care services for the minor.

The ILWU Local 142, Kokua Council, Child Welfare Services State Advisory council, Na Tutu, Grandparents Raising Grandchildren, and several concerned individuals supported this bill. The Department of Human Services (DHS) supported the bill's intent and suggested amendments.

Your Committees find that there are many situations where grandparents or caregivers, other than parents or guardians, may need to seek medical care for a minor. This measure would facilitate the provision of that medical care.

Your Committees have amended this bill by:

(1) Exempting DHS from the requirement to present an affidavit to consent to health care; and

(2) Making technical, nonsubstantive amendments for clarity and style.

There is an ongoing problem that home assessments required by DHS are of the residence of a child's parents, and not of the caregiver's home. The unintended result is possible removal of a child from a hanai caregiver. On this, your Committees concur with DHS in their support of S.B. No. 2933 and H.B. No. 2458, which effectively address this issue.

As affirmed by the records of votes of the members of your Committees on Health and Human Services and Housing that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2161, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2161, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Housing,

 

____________________________

MICHAEL PUAMAMO KAHIKINA, Chair

____________________________

DENNIS A. ARAKAKI, Chair