Hawaii-2011-SB921-Amended

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 for no longer than thirty days, to a minor who consents to the emergency shelter and related services if the provider reasonably believes that:

(1) The minor understands the significant benefits and limits of the emergency shelter and related services and can communicate an informed consent;

(2) The minor understands the requirements of the shelter program and agrees to adhere to the shelter's rules and cooperate and participate in services recommended by the shelter; and

(3) The emergency shelter and related services have been determined by the shelter to be necessary to ensure the minor's safety and well-being.

(b) A minor may consent to emergency shelter and related services if a provider has offered the temporary safe shelter and related services without charge and the minor understands the benefits, responsibilities, risks, and limits of the temporary safe shelter and related services; provided that:

(1) The provider has not, despite reasonable efforts, been able to identify and 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 for emergency shelter and related services, and based on the information available to the provider, the provider reasonably believes that the minor would be harmed, 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, based on the information available at the time the minor gave consent 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; and

(4) The provider has conducted an assessment and to the extent possible has determined that the minor does not pose a risk to self or other residents of the shelter. If the shelter determines that admitting the minor is unsafe, the shelter shall immediately report the matter to an appropriate agency, subject to the provider's assessment.

(1) Any consent given by the minor under this section shall be valid and binding for the duration of the minor's stay in the shelter; and

(2) The minor shall be deemed to have the same legal capacity to act, and the same legal obligations with regard to the giving of an informed consent, as though the minor has reached the age of majority and is of mental capacity sufficient to execute a consent.

(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 under this section, after determining in good faith that admitting the minor to the shelter does not pose an unacceptable or uncontrollable safety concern to the other residents of the shelter and has met the requirements for giving an informed and valid consent pursuant to subsections (a), (b), and (c), shall be immune from any civil or criminal liability based on the provider's determination; provided that a provider whose determination pursuant to subsections (a), (b), and (c) is the result of the provider's gross negligence or wilful or wanton acts or omissions shall be liable for damages suffered by the minor resulting from the provider's 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 legal 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 legal 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) No provider shall be held liable for providing emergency shelter and related services to a minor without parental, legal guardian, or legal custodial consent if the provider can demonstrate that it has made a reasonable effort to contact the minor's parent, legal guardian, or legal custodian to obtain consent, but was unable to contact the minor's parent, legal guardian, or legal custodian, as provided in subsection (b)(1); was able to contact the minor's parent, legal guardian, or legal custodian but was unable to obtain the contacted person's consent, as provided in subsection (b)(2); or was unable to obtain contact information for the minor's parent, legal guardian, or legal custodian, as provided in subsection (b)(3). The provider who renders emergency shelter and related services to a minor shall document in writing the efforts made to contact the minor's parent, legal guardian, or legal custodian.

(h) The provider shall report any suspected child abuse or neglect to the department or the police department in accordance with section 350‑1.1.

(i) For purposes of this section:

"Emergency shelter and related services" includes short‑term residential care on an emergency basis that includes voluntary housing, with private shower facilities, beds, and meals; assistance with reunification with family or a legal guardian when required or appropriate; referral to safe housing; individual, family, and group counseling; assistance in obtaining clothing; access to medical and dental care and mental health counseling; education and employment services; recreational activities; case management, advocacy, and referral services; independent living skills training; and aftercare services and transportation.

"Minor" means a person less than eighteen years of age.

"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."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	921
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 2
STATE OF HAWAII		H.D. 1