STAND. COM. REP. NO. 1098

Honolulu, Hawaii

RE: H.B. No. 980

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Human Services, to which was referred H.B. No. 980, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ADULT PROTECTIVE SERVICES,"

begs leave to report as follows:

The purpose and intent of this measure is to broaden the department of human services' right of entry into a vulnerable adult's premises without a warrant, for an investigation of any type of abuse, regardless of whether there is physical injury.

Your Committee received testimony in support of this measure from the Executive Office on Aging; Department of Human Services; Department of Human Services, Adult Protective and Community Services; Maui County Department of the Prosecuting Attorney; AARP Hawai‘i; and three individuals.

Your Committee finds that the department of human services is authorized to enter premises without a warrant for purposes of investigating the possibility of abuse of a vulnerable adult. However, existing law limits that right of warrantless entry to only situations where there is probable cause to believe that a vulnerable adult will be physically injured. However, under existing law, abuse includes not only physical abuse, but also psychological abuse, sexual abuse, financial exploitation, caregiver neglect, or self-neglect, each of which can result in severe harm to the vulnerable adult. Your Committee further finds that this measure allow earlier intervention that can stem the effects of harmful abuse of all types. Accordingly, your Committee has amended this measure by making it effective upon its approval.

As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 980, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 980, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services,

________________________________

JOY A. SAN BUENAVENTURA, Chair