Report Title:

Child Custody; Consent

 

Description:

Allows caregiver of a child to give educational consent by affidavit. Subjects caregivers to criminal penalties for making a false statement on an affidavit. (HB85 HD1)

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

85

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to caregivers.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 551, Hawaii Revised Statutes, is amended by adding a new grouping to be appropriately designated and to read as follows:

"CAREGIVER CONSENT

§551-   Definitions. As used in sections 551-   to 551-  :

"Caregiver" means any person not less than eighteen years of age, who is the primary caregiver related by blood, marriage, or adoption to the minor, with whom the minor resides, including a person who is entitled prima facie to an award of custody under section 571-46(2), but who is not the legal custodian or guardian of the minor; provided that:

(1) If the child is under age three, the child shall have resided with the caregiver for six months or more; or

(2) If the child is age three or older, the child shall have resided with the caregiver for one year or more; or

(3) The superintendent of education may under appropriate circumstances waive the requirements of paragraphs (1) and (2) under appropriate circumstances.

§551-   Caregiver consent. (a) Notwithstanding any law to the contrary, a caregiver who is eighteen years of age or older may consent on behalf of a minor to enrollment in school if the caregiver possesses a current notarized affidavit of caregiver consent as required under section 551-   in which items one through six have been completed; provided that this section shall not apply to the enrollment of minors subject to the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973.

(b) The affidavit under section 551-   shall be superseded by any contrary written decision of a parent or guardian having legal custody of the minor as that decision pertains to the enrollment of the minor in school.

(c) A person who relies on the affidavit of caregiver consent shall have no obligation to make further inquiry or investigation other than to clarify that the minor resides with the caregiver at the time of the minor's enrollment in school.

(d) No person who relies in good faith on the affidavit of caregiver consent shall be subject to civil or criminal liability or to professional disciplinary action because of the reliance; provided that the person has no actual knowledge of any contrary decision under subsection (b).

§551-   Affidavit of caregiver consent. An affidavit of caregiver consent shall be in substantially the following form:

"CAREGIVER AFFIDAVIT

AUTHORIZING ACCESS TO MINOR'S EDUCATIONAL RECORDS AND

CONSENTING TO MINOR'S ENROLLMENT IN EDUCATIONAL SERVICES

STATE OF HAWAII )

) SS.

CITY AND COUNTY OF HONOLULU )

Affiant hereby swears under penalty of perjury that:

(1) The following minor is the subject of this affidavit:

(a) Name: .

(b) Date of birth: .

(c) Social security number: .

(2) My relationship to the minor is grandparent, aunt, uncle, or other qualified relative. ("Qualified relative" means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person whose relationship is denoted by the prefix "grand" or "great", or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.)

(3) My date of birth is: .

(4) My social security number is: .

(5) I am a resident of the State of Hawaii.

(6) The minor is residing with me and has been residing with me since: .

(7) The parents of the minor are not living in my home and are not available to consent to the minor's enrollment or to provide any other consent that must be obtained from the minor's legal custodian under Department of Education rules and policies.

(8) I am not making this statement for the purpose of enrolling the minor in a school outside of the minor's present school district. I understand that if there is any evidence that this affidavit was created for the sole purpose of enrolling the minor in a school outside of the minor's present school district, this affidavit will immediately become null and void, and if the minor has been enrolled in a new school, the minor will immediately be asked to return to the school in the minor's previous school district.

(9) I will immediately inform the school in writing if the minor stops living with me.

I declare under penalty of perjury under the laws of Hawaii that the foregoing is true and correct.

DATED: Honolulu, Hawaii, .

SIGNED: .

General Notices:

This declaration does not affect the rights of the minor's parents or legal guardian regarding the care, custody, and control of the minor, and does not give the caregiver legal custody of the minor.

The minor's parent or legal custodian may at any time rescind this affidavit by informing the minor's school principal in writing that the minor is attending school under the authority of this affidavit and that this affidavit has been rescinded.

A person who relies on this affidavit shall have no obligation to make any inquiry or investigation into the whereabouts of the parents or legal custodian of the minor, other than to clarify that the minor resides with the caregiver at the time of the minor's enrollment in school.

No person who relies in good faith on this affidavit shall be subject to civil or criminal liability or to professional disciplinary action because of that reliance."

§551-   Penalty. A caregiver shall be subject to penalties under part V of chapter 710 for any false statement made in the affidavit under section 551-  .

§551- Board of education review. The board of education shall on an annual basis review and if necessary revise the caregiver consent affidavit requirements."

SECTION 2. The superintendent of education may provide for distribution of affidavits by the Na Keiki Law Center.

SECTION 3. This Act shall take effect upon its approval.