STAND. COM. REP. NO.  648-18


Honolulu, Hawaii

                , 2018


RE:   H.B. No. 2528

      H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii




     Your Committee on Health & Human Services, to which was referred H.B. No. 2528 entitled:




begs leave to report as follows:


     The purpose of this measure is to impose enhanced fines for violations by child care providers and add criminal liability for certain circumstances that result in serious or substantial injury of a minor.


     The Department of Human Services provided testimony in support of this measure.  The Green Preschool in Kailua and a few concerned individuals provided testimony in opposition.  One individual offered comments.


     Your Committee has amended this measure by:


     (1)  Requiring grandparents, great grandparents, aunts, uncles, and siblings aged eighteen or older living in a separate residence to be required to undergo a criminal history record check, a sex offender registry check, a child abuse record check, and an adult abuse perpetrator check in order to provide child care for a child whose family receives a child care subsidy from the Department of Human Services;


     (2)  Clarifying that the Department of Human Services' licensing program is not prohibited from sharing information and cooperating with Child Protective Services and law enforcement on investigations;


     (3)  Allowing the Department of Human Services to withhold information about an investigation for not more than ten working days after the investigation report is completed;


     (4)  Clarifying that penalties may apply to entities, agencies, or organizations violating provisions of the part;


     (5)  Changing the fine structure from escalating fines to cumulative daily fines for violations;


     (6)  Removing the criminal penalty of a class C felony for intentional, knowing, or reckless violations;


     (7)  Changing the effective date to July 1, 3000, to encourage further discussion; and


     (8)  Making technical nonsubstantive changes for the purposes of clarity, consistency, and style.


     As affirmed by the record of votes of the members of your Committee on Health & Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2528, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2528, H.D. 1, and be referred to your Committees on Consumer Protection & Commerce and Judiciary.



Respectfully submitted on behalf of the members of the Committee on Health & Human Services,