Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 3041, S.D. 2, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to allow parents or legal guardians to have minors 15 through 17 years of age admitted into nonemergency mental health treatment facilities without the minor's consent or countersignature, subject to certain conditions.

The Department of Health, Hawaii Psychiatric Medical Association, and two concerned individuals testified in support of this bill. Pro-Family Hawaii opposed this measure. The Office of the Public Defender provided comments and suggested amendments.

Your Committee finds that parents of older juveniles with acute mental health problems may face nonemergency situations where it is in the best interest of the child that the child be admitted into mental health treatment. However, without the consent of the child, parents are often left to wait until their children qualify for involuntary hospitalization proceedings, at which time the child must be determined by a court to be dangerous, gravely disabled, or obviously ill. This measure gives parents and legal guardians greater authority to have their children admitted for mental health treatment in nonemergency situations.

Your Committee has amended this bill by making technical, nonsubstantive amendments for clarity and style.

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. 3041, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3041, S.D. 2, H.D. 2.