STAND. COM. REP. NO. 294
RE: S.B. No. 1134
Honorable Ronald D. Kouchi
President of the Senate
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committee on Human Services, to which was referred S.B. No. 1134 entitled:
"A BILL FOR AN ACT RELATING TO ADULT PROTECTIVE SERVICES,"
begs leave to report as follows:
The purpose and intent of this measure is to broaden the Department of Human Services' ability to protect vulnerable adults who may require intervention by Adult Protective Services.
Your Committee received testimony in support of this measure from the Department of Human Services, Executive Office on Aging, and Maui County Department of the Prosecuting Attorney.
Your Committee finds that reports of abuse against vulnerable adults continue to rise as Hawaii's population ages. Your Committee also finds that the Department of Human Services is authorized to enter premises without a warrant for purposes of investigating the abuse of vulnerable adults, pursuant to section 346-229, Hawaii Revised Statutes. Your Committee further finds that existing law limits that right of warrantless entry only to situations in which there is probable cause to believe that a vulnerable adult will be physically injured. However, your Committee also finds that abuse includes not only physical abuse, but also psychological abuse, sexual abuse, financial exploitation, caregiver neglect, or self-neglect. Accordingly, your Committee finds that to better serve vulnerable adults who may be victims of abuse, the Department's right of entry into a vulnerable adult's premises without a warrant for an investigation should extend to any type of abuse, regardless of whether there is physical injury.
Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1134, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1134, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Human Services,
JOY A. SAN BUENAVENTURA, Chair