STAND. COM. REP. NO. 1403

Honolulu, Hawaii

, 2023

RE: S.B. No. 129

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Human Services, to which was referred S.B. No. 129, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MINORS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require providers of no-cost emergency shelter and related services to maintain separation for unrelated adults and minor children; and

(2) Make permanent the definition of "provider" as it relates to entities eligible to provide no cost emergency shelter and related services to consenting minors, as amended by Act 23, Session Laws of Hawaii 2021.

Your Committee received testimony in support of this measure from the Hawai‘i Youth Services Network, Residential Youth Services & Empowerment, Opportunity Youth Action Hawai‘i, Stonewall Caucus of the Democratic Party of Hawai‘i, and one individual. Your Committee received comments on this measure from the Department of Human Services.

Your Committee finds that youth experiencing homelessness often have exposure to a variety of adverse childhood experiences, including physical, emotional, or sexual abuse. Your Committee further finds that a quarter of homeless youth in the State have reported physical abuse or parental substance abuse as the reason for their becoming homeless. Act 23, Session Laws of Hawaii 2021 (Act 23), established a means to allow unaccompanied youth experiencing homelessness, to receive short-term no cost housing and other services without the need to obtain consent from a parent or guardian. Act 23 is currently scheduled to sunset on June 30, 2023. This measure repeals the sunset date of Act 23, which will ensure that vulnerable youth experiencing homelessness continue to have safe and secure refuges to stabilize, heal, and access resources.

Your Committee notes the concern raised in testimony by the Department of Human Services that "license" has been omitted from the definition of "provider" for the purposes of providing no-cost emergency shelter and other related services to youth. Your Committee recognizes the concern raised by the Department that without a licensure framework, there is no means by which an emergency youth shelter may be regulated, other than through the Department of Health.

Your Committee has amended this measure by:

(1) Requiring a provider who renders no-cost emergency shelter and related services to a minor to take steps to ensure that pertinent youth obtain and receive services from the juvenile justice or child welfare systems, as applicable, as required by the federal Runaway and Homeless Youth Act; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

Your Committee grants prior concurrence on this measure to your Committee on Judiciary & Hawaiian Affairs to make any amendments it deems necessary.

As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 129, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 129, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services,

____________________________

JOHN M. MIZUNO, Chair