STAND. COM. REP. NO. 1026

Honolulu, Hawaii

RE:    S.B. No. 1184

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committees on Judiciary and Labor and Ways and Means, to which was referred S.B. No. 1184, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ADULT PROTECTION,"

beg leave to report as follows:

     The purpose of this measure is to ensure that Hawaii's endangered adults are provided adequate protective services under the law.

     Specifically, this measure amends the law relating to Adult Protective Services by:

     (1)  Clarifying the purpose and persons to be protected;

     (2)  Extending the protection to persons over age eighteen who meet the definition of "vulnerable adult";

     (3)  Including a definition for the term "vulnerable adult";

     (4)  Deleting the definition for "dependent adult" and replacing references thereto with the term "vulnerable adult"; and

     (5)  Authorizing the Department of Human Services to investigate and the Family Court to have jurisdiction over a "vulnerable adult" who has been abused or is in imminent danger of abuse.

     No testimony or written comments were submitted on this measure.

     Your Committees find that the Adult Protective Services program of the Department of Human Services provides crisis intervention, investigation, and emergency services to dependent adults who are reported to be abused, neglected, or financially exploited by others or seriously endangered due to self-neglect.  Your Committees further find that Hawaii's elderly population is the fastest growing segment in the State, which necessitates that the State works to ensure that these individuals are provided appropriate services and protection from incidences of abuse and neglect.  However, it is not only the elderly who are in danger of abuse or neglect.  Individuals also in danger are those whose ability to protect themselves is substantially impaired due to incapacity or physical, mental, or other disability.  Your Committees determine that further clarification in the law is necessary to ensure that all individuals necessitating the receipt of protective services are provided such services in the most appropriate and timely manner possible.

     Accordingly, your Committees have amended this measure by making technical, nonsubstantive amendments for purposes of clarity and style.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Labor and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1184, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 1184, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Labor and Ways and Means,

____________________________ ROSALYN H. BAKER, Chair

____________________________ CLAYTON HEE, Chair