Bill Text: HI HB980 | 2021 | Regular Session | Amended
Bill Title: Relating To Adult Protective Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-03-30 - The committee on JDC deferred the measure. [HB980 Detail]
Download: Hawaii-2021-HB980-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
980 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO ADULT PROTECTIVE SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature finds that reports of
abuse against vulnerable adults continue to rise as Hawaiiꞌs population ages. Although the department of human services is authorized
to enter premises without a warrant for purposes of investigation of abuse to vulnerable
adults, existing law limits that right of warrantless entry to only situations where
there is probable cause to believe that a vulnerable adult will be physically injured.
Under
state law, abuse includes not only physical abuse, but also psychological abuse,
sexual abuse, financial exploitation, caregiver neglect, or self-neglect. All of these forms of abuse can result in damaging
losses to the vulnerable adultꞌs mental health, welfare, and financial stability. Additionally, vulnerable adults may suffer multiple
forms of abuse in combination.
The
purpose of this Act is to broaden the department of human services' right of entry
into a vulnerable adult's premises without a warrant for an investigation of any
type of abuse, regardless of whether there is physical injury.
SECTION
2. Section 346-229, Hawaii Revised Statutes,
is amended to amend subsection (b) to read as follows:
"(b) Any employee of the department engaged in an investigation
under this part, having probable cause to believe that a vulnerable adult will be
[physically injured through abuse] subject to imminent abuse as defined
in section 346-222 before a court order for entry can be obtained, without a
warrant, may enter upon the premises where the vulnerable adult may be found for
the purpose of ascertaining that person's welfare. Where a warrantless entry is authorized under this section, the employee
of the department may request the assistance of a police officer to gain entrance."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon approval.
Report Title:
Department of Human Services; Right of Entry; Vulnerable Adults; Abuse
Description:
Broadens the Department of Human Services' right of entry into a vulnerable adult's premises to cover situations in which there is probable cause to believe a vulnerable adult is subject to any type of abuse, regardless of whether there is physical injury. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
