STAND. COM. REP. 994

Honolulu, Hawaii

, 2003

RE: S.B. No. 946

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Human Services and Housing, to which was referred S.B. No. 946 entitled:

"A BILL FOR AN ACT RELATING TO CAREGIVER CONSENT,"

begs leave to report as follows:

The purpose of this bill is to allow a caregiver, who is unable to obtain the signature of a minor's parent, guardian, or legal custodian, to enroll the minor in school and to allow the minor to participate in school activities.

The Office of Hawaiian Affairs; Na Keiki Law Center; ILWU Local 142; Kokua Council; Family, Community, Education; Na Tutu; and several individuals testified in support of this measure. The Department of Education and the Attorney General opposed this measure.

Your Committee finds that there are many instances in Hawaii where a grandparent or other relative is caring for a child whose parent is no longer a part of the child's life. However, these caregivers often have difficulty enrolling the child in school because they are not the legal guardian of the minor. In other cases, a child may already be enrolled in school, but the caregiver is not permitted to allow the child to participate in school activities.

Your Committee further finds that the opponents of this measure are not necessarily opposed to allowing the caregivers to provide consent, but the means in which the consent is provided, as well as possible fraud that may occur. Your Committee respectfully requests that the Committee on Judiciary review the concerns of the Attorney General, particularly with regard to the affidavit that the caregiver would provide.

Your Committee has amended this bill by:

(1) Changing the effective date to July 1, 2050, to facilitate further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Human Services and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 946, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 946, H.D. 1, and be referred to the Committee on Judiciary.

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

 

____________________________

MICHAEL PUAMAMO KAHIKINA, Chair