STAND. COM. REP. NO. 451

Honolulu, Hawaii

, 2021

RE: H.B. No. 980

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Health, Human Services, & Homelessness, to which was referred H.B. No. 980 entitled:

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

begs leave to report as follows:

The purpose of this measure is to broaden the Department of Human Services' right of entry into a vulnerable adult's premises without a warrant for the investigation of any type of abuse, regardless of whether there is a physical injury.

Your Committee received testimony in support of this measure from the Department of Human Services, Executive Office on Aging, and one individual.

Your Committee finds that existing law limits the Department of Human Services' right to enter a vulnerable adult's premises without a warrant only in cases where there is probable cause to believe that a vulnerable adult will be physically injured. However, abuse against vulnerable adults is not limited to physical abuse. Caregiver neglect, self-neglect, and financial exploitation are the most common types of abuse for which injuries are not necessarily visible. This measure will allow the Department of Human Services to act to assess vulnerable adults and initiate investigations in cases where the reported abuse is not physical in nature.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 2060, to encourage further discussion; and

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

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

Respectfully submitted on behalf of the members of the Committee on Health, Human Services, & Homelessness,

____________________________

RYAN I. YAMANE, Chair