STAND. COM. REP. NO. 2366

Honolulu, Hawaii

RE:    S.B. No. 2150

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committees on Human Services and Public Housing and Judiciary and Labor, to which was referred S.B. No. 2150 entitled:

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

beg leave to report as follows:

     The purpose of this measure is to extend the protections of the dependent adult protective services law to vulnerable adults.

     Your Committees received testimony in support of this measure from the Department of Human Services, State Council on Developmental Disabilities, Honolulu Department of Community Services, Kokua Council, Healthcare Association of Hawaii, National Association of Social Workers, Catholic Charities Hawai‘i, ILWU Local 142, Maui County Executive on Aging, and three individuals.

     This measure defines "vulnerable adult" in terms of a person who is eighteen years of age or older, who because of a mental, developmental, or physical impairment, is unable to perform certain specified basic functions of life.  The measure also adds definitions for physical abuse, psychological abuse, self-neglect, poor self-care, and sexual abuse, as these terms relate to abuse of vulnerable adults.

     Your Committees find that vulnerable adults have been a neglected segment of the dependent adult population.  This measure replaces the term "dependent adult" with the term "vulnerable adult," and makes definitional and provisional amendments thereto.  This measure also emphasizes the immediacy of the abuse rather than imminency.

     Your Committees have amended this measure by:

     (1)  Clarifying the Legislature's declaration that the protection of its citizens extends to those vulnerable to abuse, neglect, and exploitation;

     (2)  Clarifying the definition of caregiver to be more inclusive of the applicable class;

     (3)  Clarifying that the orders of the court may include any matters as may prevent immediate abuse;

     (4)  Clarifying that any person, other than persons required to report abuse, may report abuse of vulnerable adults; and

     (5)  Making technical, nonsubstantive amendments.

     As affirmed by the records of votes of the members of your Committees on Human Services and Public Housing and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2150, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2150, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Human Services and Public Housing and Judiciary and Labor,

____________________________ BRIAN T. TANIGUCHI, Chair

____________________________ SUZANNE CHUN OAKLAND, Chair