HOUSE OF REPRESENTATIVES

H.B. NO.

470

THIRTY-SECOND LEGISLATURE, 2023

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

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 by amending subsections (e) and (f) to read as follows:

     "(e)  Any provider who renders no cost emergency shelter and related services to a minor pursuant to subsections (a) and (b) of this section and can demonstrate compliance with this section shall be immune from any civil or criminal liability based on the provider's determination to provide the shelter and related services; provided that if a provider's assessment and determination, or conduct in providing no cost emergency shelter and related services, is the result of the provider's gross negligence or wilful or wanton acts or omissions, the provider may be held liable for the provider's gross negligence or wilful or wanton acts or omissions.

     (f)  A provider who renders no cost emergency shelter and related services to a minor shall [document]:

     (1)  Document in writing the efforts made to contact the minor's parent, legal guardian, or legal custodian[.]; and

     (2)  Take steps to ensure that youth who are or should be under the legal jurisdiction of the juvenile justice or child welfare systems obtain and receive services from those systems until a time as the youth are released from the jurisdiction of juvenile justice or child welfare systems as required by the Runaway and Homeless Youth Act, title 42 United States Code sections 5701 through 5752, as amended."

     SECTION 2.  Act 23, Session Laws of Hawaii 2021, is amended by amending section 3 to read as follows:

     "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  This Act shall take effect upon its approval [and shall be repealed on June 30, 2023; provided that section 346-17.6, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date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]."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on June 30, 3000.


 


 

Report Title:

Emergency Shelter; Minors; Consent; Providers; No Cost Emergency Shelter and Related Services; Sunset Date Repeal

 

Description:

Requires a provider who renders no cost emergency shelter and related services to take steps to ensure pertinent youth obtain and receive services from the juvenile justice or child welfare systems.  Makes permanent the definition of "provider" as it relates to entities eligible to provide no cost emergency shelter and related services to consenting minors.  Effective 6/30/3000.  (HD2)

 

 

 

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