Bill Text: HI HB282 | 2021 | Regular Session | Amended
Bill Title: Relating To Minors.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Passed) 2021-06-01 - Act 023, 05/28/2021 (Gov. Msg. No. 1123). [HB282 Detail]
Download: Hawaii-2021-HB282-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
282 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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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 subsection (b) to read:
"(b) A minor may consent to no cost emergency shelter and related services if the minor understands the benefits, responsibilities, risks, and limits of the shelter and services, and the minor agrees to adhere to the provider's rules and cooperate and participate in those services recommended by the provider; provided that:
(1) The provider has not, despite reasonable efforts, been able to contact the minor's parent, legal guardian, or legal custodian;
(2) The provider has
made contact with the minor's parent, legal guardian, or legal custodian, and
the minor's parent, legal guardian, or legal custodian has refused to give
consent and, based on the information available to the provider, the provider
reasonably believes that the minor would incur harm, or would be subject to
threatened harm, if the minor returned immediately to the home of the parent,
legal guardian, or legal custodian; [or]
(3) The minor has
refused to provide contact information for the minor's parent, legal guardian,
or legal custodian, and the provider reasonably believes
that the minor would incur harm, or would be subject to threatened harm, if the
minor returned immediately to the home of the parent, legal guardian, or legal
custodian[.]; or
(4) The provider is coordinating with the department's child welfare services branch."
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.
"Provider" 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[.], or 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, 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 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval 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.
Report Title:
Emergency Shelter; Minors; Consent; Providers; Child Welfare Services
Description:
Expands the circumstances where a minor may consent to no cost emergency shelter and related services to include cases where the provider is coordinating with child welfare services. Sunsets 6/30/2023. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
