STAND. COM. REP. NO. 2578

Honolulu, Hawaii

RE:    S.B. No. 2886

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2886, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGE OF CONSENT FOR ADOLESCENT MENTAL HEALTH SERVICES,"

begs leave to report as follows:

     The purpose and intent of this measure is to reduce barriers in accessing mental health care for adolescents by lowering the age of consent to receive treatment from eighteen years old to twelve years old.

     Your Committee received testimony in support of this measure from the Judiciary, Department of Health, Hawaii Youth Services Network, and six individuals.  Your Committee received testimony in opposition to this measure from four individuals.  Your Committee received comments on this measure from the Department of Education.

     Your Committee finds that requiring parental consent for minors to receive substance abuse treatment and family planning services may pose a barrier to health care.  Minors may find desired mental health services inaccessible due to the discomfort and even opposition caused by obtaining parental consent.  By allowing access to mental health services for consenting minors, this measure enables individuals who seek improved emotional well-being to be served in a timely manner.

     Your Committee notes that other statutes relating to the ability of minors to consent to services without previous parental consent, including chapter 577D, Hawaii Revised Statutes, relating to primary care services, fix the minimum age at fourteen years old.  Your Committee encourages stakeholders to discuss this minimum age issue as the measure moves through the legislative process.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2886, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2886, S.D. 2.

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

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GILBERT S.C. KEITH-AGARAN, Chair