Report Title:

Caregiver Consent

 

Description:

Allows a caregiver to execute an affidavit of caregiver consent to enroll the minor in school and allow full participation in curricular and co-curricular activities; subjects caregivers to penalties under Part V, Chapter 710, HRS, for making a false statement on an affidavit for caregiver consent.

HOUSE OF REPRESENTATIVES

H.B. NO.

255

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CAREGIVER CONSENT.

 

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:

"FULL PARTICIPATION IN SCHOOL ACT

302A-A Definitions. As used in sections 302-B to 302-C, unless the context otherwise requires:

"Caregiver" means any person who is at least eighteen years of age and:

(1) 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; or

(2) Resides with the minor for a continuous immediate preceding period of six months or more.

302A-B Affidavit for caregiver consent. (a) Notwithstanding any other law to the contrary, a caregiver may consent on behalf of a minor to enrollment in school and to full participation in curricular and co-curricular school activities, if the caregiver possesses a valid affidavit for caregiver consent provided by the department and executed by the caregiver that shall include, but not be limited to, 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;

(9) The signature of consent by 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 affidavit states that the caregiver has been unable to obtain the signature of the minor's parent, guardian, or legal custodian; and

(10) The following statement:

"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."

(b) The caregiver shall immediately notify the school if the minor no longer resides with the caregiver, and the affidavit for caregiver consent shall be revoked immediately.

(c) The affidavit for caregiver consent shall be superseded by any contrary decision of the parent, guardian, or legal custodian if such decision is communicated to the school.

(d) Any person who relies on the affidavit for 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.

(e) No person who relies in good faith on the affidavit for 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 affidavit for 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.

(g) This section shall not apply to the programs and services of minors subject to the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791).

302A-C Penalties. Any caregiver who makes a false statement in the affidavit for 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 upon its approval.

INTRODUCED BY:

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