THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MINORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 346-17.6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (e) and (f) to read:
"(e) Any provider who renders no cost
emergency shelter and related services to a minor pursuant to subsections (a)
and (b) [
of this section] and can demonstrate compliance with this
section shall be immune from any civil or criminal liability based on the
provider's determination to provide the no cost emergency shelter and
related services; provided that if a provider's assessment and determination,
or conduct in providing no cost emergency shelter and related services,
is the result of the provider's gross negligence or wilful or wanton acts or
omissions, the provider may be held liable for the provider's gross negligence
or wilful or wanton acts or omissions.
(f) A provider who renders no cost
emergency shelter and related services to a minor shall [
(1) Document in writing the efforts
made to contact the minor's parent, legal guardian, or legal custodian[
(2) Take steps to ensure that minors who are or should be under the legal jurisdiction of the juvenile justice or child welfare systems obtain and receive services from those systems until a time as the minors are released from the jurisdiction of juvenile justice or child welfare systems as required by the Runaway and Homeless Youth Act, title 34 United States Code sections 11201 through 11281, as amended."
2. By amending subsection (h) to read:
"(h) For purposes of this section:
"Minor" means a person less than eighteen years of age.
"No cost emergency shelter and related services" means accommodation at no cost for a continuous period of no more than thirty days, unless extended for emergency purposes and in compliance with subsection (b), including beds, meals, individual showering facilities, transportation to and from the place of shelter, and any of the following services as deemed appropriate by the provider:
(1) Assistance with reunification with the family, legal guardian, or legal custodian of the minor;
(2) Referral to safe housing;
(3) Individual, family, and group counseling;
(4) Assistance in obtaining clothing;
(5) Access to medical and dental care, and mental health counseling;
(6) Education and employment services;
(7) Recreational activities;
(8) Case management, advocacy, and referral services;
(9) Independent living skills training; and
(10) Aftercare services, as those services are defined in title 45 Code of Federal Regulations section 1351.1.
means any child placing organization[
,] or child caring institution
authorized by the department under section 346-17 to receive or place minor
children for care and maintenance and to provide related services, health care,
or supplies to these minors. "Provider"
includes an organization that is not a child placing organization or child
caring institution that:
(1) Conducts criminal history clearances,
child abuse and neglect (CA/N) registry checks, background[
employment[ ,] checks, and any other checks as may be required by
state or federal law on an annual basis for all employees and volunteers;
(2) Maintains [
separate sleeping areas]
separation for unrelated adults and minor children;
(3) Serves no more than five minor children per day;
(4) Keeps a current register of all minors admitted; and
(5) Coordinates with the department to provide shelter or other services for a minor child."
SECTION 2. Act 23, Session Laws of Hawaii 2021, is amended by amending section 3 to read as follows:
3. This Act shall take effect upon its
and shall be repealed on June 30, 2023; provided that section
346-17.6, Hawaii Revised Statutes, shall be reenacted in the form in which it
read on the day before the effective date of this Act]."
3. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
Department of Human Services; No Cost Emergency Shelter and Related Services; Minors; Consent; Providers
Requires providers of no cost emergency shelter and related services to take steps to ensure pertinent youth obtain and receive services from the juvenile justice or child welfare systems and maintain separation for unrelated adults and minor children. Makes permanent the amendments to the definition of "provider" as it relates to entities eligible to provide no cost emergency shelter and related services to consenting minors. Effective 6/30/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.