STAND. COM. REP. NO.  1335-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 2150

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2150, S.D. 2, entitled:

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

begs leave to report as follows:

     The purpose of this bill is to protect adults who are vulnerable and unable to fully care for themselves by expanding the types of abuse from which vulnerable adults are protected and expanding the authority to investigate allegations of abuse, neglect, and financial exploitation.

     The State Council on Developmental Disabilities, Disability and Communication Access Board, Catholic Charities Hawaii, Healthcare Association of Hawaii, ILWU Local 142, Kokua Council, National Association of Social Workers – Hawaii Chapter, National Multiple Sclerosis Society, and a concerned individual testified in support of this bill.  The Department of Human Services provided comments.

     Your Committee has amended this bill by:

     (1)  Eliminating references to neglect, which is addressed in the definition of "abuse" under this measure;

     (2)  Eliminating reference to negligence with regard to financial exploitation;

     (3)  Clarifying the types of social workers that are required to report abuse of vulnerable adults;

     (4)  Adding a representative of the facility in which the vulnerable adult resides or is a patient as a party required to be issued notice of adult protective services proceedings;

     (5)  Conforming other statutes to reflect the changes in this measure; and

     (6)  Making numerous technical, nonsubstantive amendments for clarity, consistency, 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. 2150, S.D. 2, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 2150, S.D. 2, H.D. 1.

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

____________________________

TOMMY WATERS, Chair