HOUSE OF REPRESENTATIVES

H.B. NO.

2528

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to human services.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. This Act shall be known and may be cited as "Peyton and Zoe's Law."

SECTION 2. The legislature finds that child care providers are a vital component of our local communities, providing benefits to both children and parents. Child care providers furnish an environment that promotes mental, social, emotional, and physical development in children. This environment allows children to advance their verbal and intellectual skills. Further, child care providers allow parents to build social capital with other child-rearing parents, promoting social and psychological benefits for the parents. Child care providers also provide parents with the flexibility to pursue their own careers and earn the necessary income to provide for their children.

However, the unique responsibility of caretakers of children requires that child care providers be held accountable for actions that would endanger the health and safety of the children. The legislature notes that there are various administrative requirements in existence designed to protect the welfare and safety of children and criminal provisions designed to deter and punish physical harms to children. Despite these stringent protections, instances still occur in which egregious conduct results in the serious or substantial bodily injury of a child. Two such instances occurred in the cases of Peyton Valiente and Zoe Wurtz.

While in the care of a family child care home provider, seventeen-month-old Peyton was rushed to the hospital after suffering from seizures. A medical team discovered that Peyton had a build-up of blood in his brain, his brain shifted 1.3 centimeters from its normal center line, and that he had retinal bleeding and bruises on his back. The medical experts' review suggested that Peyton suffered from some type of abuse while at his child care provider.

While also in the care of a family child care home provider, six-month-old Zoe, dressed in a fully-zipped onesie, was left in a car seat in a hot room with a blanket on her lap. She was found unresponsive by the provider. Medical personnel measured Zoe's temperature at 103.6 degrees Fahrenheit. Zoe's death was determined to be accidental due to overheating.

The purpose of this Act is to impose enhanced fines for child care providers in violation of part VIII of Chapter 346, Hawaii Revised Statutes, and to impose criminal liability on any intentional, knowing, or reckless act by a person who is a child care provider or who is employed by a child care provider, that results in serious or substantial injury to a minor.

SECTION 3. Section 346-156, Hawaii Revised Statutes, is amended to read as follows:

"346-156 Penalty. (a) Any person [violating any provision of] who violates this chapter or any rule [made pursuant thereto] adopted pursuant to this chapter shall be fined as follows:

(1) Up to $1,000 for the first violation; and

(2) Up to $3,000 for the second violation and each succeeding violation.

(b) Notwithstanding subsection (a), any person who violates part VIII of this chapter or any rule adopted pursuant thereto shall be fined as follows:

(1) Up to $5,000 for the first violation; and

(2) Up to $10,000 for the second violation and each succeeding violation.

(c) In addition to the penalties under subsection (b), any person who intentionally, knowingly, or recklessly violates part VIII of this chapter or any rule adopted pursuant to part VIII of this chapter that results in serious or substantial bodily injury to a minor shall be guilty of a class C felony.

(d) Nothing in this section shall prohibit the county police departments, county prosecutors, or state law enforcement agencies from investigating and enforcing criminal penalties of part VIII of this chapter."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Human Services; Child Care Home Providers; Criminal Liability; Peyton and Zoe's Law

 

Description:

Imposes enhanced fines for violations of part VIII of Chapter 346, Hawaii Revised Statutes, by a child care provider. Adds criminal liability for an intentional, knowing, or reckless violation of part VIII of Chapter 346, Hawaii Revised Statutes, that results in the serious or substantial injury of a minor.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.