Report Title:

Child custody; consent

 

Description:

Allows a caregiver to give medical and educational consent for minor; provided that the consent to medical care is limited to school-related medical care. Subjects caregivers to penalties under part V, chapter 710, HRS, for making a false statement on an affidavit of caregiver consent. (SD1)

 

 

 

THE SENATE

S.B. NO.

138

TWENTY-FIRST LEGISLATURE, 2001

S.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 follows:

"CAREGIVER CONSENT

551-A Definitions. As used in sections 551-B to

551-C, unless the context otherwise requires:

"Caregiver" means any person who is:

(1) At least eighteen years of age;

(2) Related by blood, marriage, or adoption to the minor, including a person who is entitled to an award of custody pursuant to section 571-46(2) but is not the legal custodian or guardian of the minor; and

(3) Resides with the minor; provided that if the minor is:

(A) Under the age of three, the minor shall have resided with the caregiver for six months or more; or

(B) Age three or older, the minor shall have resided with the caregiver for one year or more.

"School-related medical care" means medical care that is required by the State or county as a condition for school enrollment, including dental care, immunization, physical examinations, and medical examinations conducted on school premises for students.

551-B Affidavit of caregiver consent. (a) Notwithstanding any other law to the contrary, a caregiver may consent on behalf of a minor to enrollment in school and school-related medical care if the caregiver possesses a current notarized affidavit of caregiver consent that shall include the following:

(1) The caregiver's name and current home address;

(2) The birthdate of the caregiver;

(3) The number of the caregiver's Hawaii driver's license or state identification card;

(4) The relationship of the caregiver to the minor;

(5) The name of the minor;

(6) The birthdate of the minor;

(7) The length of time the minor has resided with the caregiver;

(8) The signature of the caregiver; and

(9) The signature of the minor's parent, guardian, or legal custodian; provided that the signature of the minor's parent, guardian, or legal custodian shall not be necessary if the caregiver includes a detailed statement that the caregiver has made reasonable effort to locate the parent, guardian, or legal custodian and has failed.

A caregiver shall present a copy of the notarized affidavit of caregiver consent upon request by the school, health care provider, or health care service plan.

(b) The notarized affidavit of caregiver consent shall be renewed and updated annually. The caregiver shall immediately notify the school, health care provider, or health care service plan if the minor no longer resides with the caregiver, and the affidavit of caregiver consent shall be revoked immediately.

(c) The notarized affidavit of caregiver consent shall be superseded by any contrary written decision of the parent, guardian, or legal custodian of the minor if the parent, guardian, or legal guardian communicates that decision to the school or the person giving medical care, as applicable.

(d) Any person who relies on the notarized affidavit of caregiver consent shall have no obligation to conduct any further inquiry or investigation other than to clarify that the minor resides with the caregiver as of the time of the enrollment in school or medical care, as applicable.

(e) No person who relies in good faith on the notarized 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 (c).

(f) The notarized affidavit of caregiver consent shall constitute sufficient basis for determination of residency of a minor unless the school determines from actual facts that the minor is not living with the caregiver. The school may also require additional evidence that the caregiver lives at the address provided in the affidavit.

551-C Penalties. Any caregiver who makes a false statement in the affidavit of caregiver consent required under section 551-B, shall be shall be subject to the penalties under part V of chapter 710."

SECTION 2. In codifying the new sections added by this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections of this Act.

SECTION 3. This Act shall take effect on December 28, 2072.