Bill Text: HI SB2078 | 2010 | Regular Session | Introduced
Bill Title: Minors; Emergency Shelter; Consent
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-02-09 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JGO. [SB2078 Detail]
Download: Hawaii-2010-SB2078-Introduced.html
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THE SENATE |
S.B. NO. |
2078 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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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. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§346‑ Consent to emergency shelter and related services. (a) A provider may provide emergency shelter and related services, including transportation services, to a minor who consents to the shelter and services if the provider reasonably believes that:
(1) The minor understands the significant benefits, risks, and limits of the emergency shelter and related services and can communicate an informed consent; and
(2) The emergency shelter and related services are for the minor's benefit.
(b) A minor may consent to emergency shelter and related services if:
(1) The provider has not been able to contact the minor's parent, legal guardian, or custodian to obtain consent for emergency shelter and related services;
(2) The provider has made contact with the minor's parent, legal guardian, or custodian, but the minor's parent, legal guardian, or custodian refuses to give consent for emergency shelter and related services; or
(3) The minor has refused to provide contact information for his or her parent, legal guardian, or custodian.
(c) Any consent given under this section shall be valid and binding as if the minor had reached the age of majority, and the minor shall be deemed to have, and shall have the same legal capacity to act, and the same legal obligations with regard to the giving of an informed consent, as a person of full legal age and capacity, the minority status of the minor and any contrary provisions of law notwithstanding.
(d) The consent given under this section shall not be subject to later disaffirmance by reason of the minor's minority.
(e) Any provider who renders emergency shelter and related services to a minor pursuant to subsection (a) after determining in good faith that the minor has met the requirements for giving an informed and valid consent pursuant to subsections (a) and (b), shall have immunity from any civil or criminal liability based on the provider's determination; provided that a provider whose determination pursuant to subsections (a) and (b) is the result of gross negligence or wilful or wanton acts or omissions shall be liable for damages suffered by the minor resulting from the gross negligence or wilful or wanton acts or omissions.
(f) If a minor consents to receive emergency shelter and related services, the parent, legal guardian, or custodian of the minor shall not be liable for the legal obligations resulting from the emergency shelter and related services provided by a provider. Notwithstanding any other law to the contrary, a parent, legal guardian, or custodian whose consent has not been obtained or who has no prior knowledge that a minor has consented to the provision of emergency shelter and related services shall not be liable for the costs incurred by virtue of the minor's consent.
(g) The provider who renders emergency shelter and related services to a minor shall log efforts made to contact the minor's parent, legal guardian, or custodian.
(h) No provider shall be held liable for serving a minor without parental or guardian consent if the provider can demonstrate that it has made a good faith effort to contact the minor's parent, guardian, or custodian to obtain consent.
(i) The provider shall report to the department any findings that the minor is subject to imminent harm, has been harmed, or is subject to threatened harm.
(j) For purposes of this section:
"Minor" means a person less than eighteen years of age.
"Provider" means any child placing organization, child caring institution, or foster boarding home 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."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Minors; Emergency Shelter; Consent
Description:
Allows a minor to give informed consent for emergency shelter and related services.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
