Consent to no cost emergency shelter and related services
HRS §346-17.6
in effect346-17.6. Consent to no cost emergency shelter and related services
(a) A provider may provide no cost emergency shelter and related services to a consenting minor if the provider reasonably believes that:
(1) The minor understands the significant benefits,
responsibilities, risks, and limits of the shelter and services and can
communicate an informed consent;
(2) The minor understands the requirements and rules
of the shelter and services; and
(3) The shelter and services are necessary to ensure
the minor's safety and well-being;
and the provider has conducted an assessment and
determined that the minor does not pose a danger to the minor's self or to
other persons at the same location. If the provider determines that admitting
the minor poses a danger, the provider shall report the matter to an
appropriate agency.
(b) A minor may consent to no cost emergency
shelter and related services if the minor understands the benefits,
responsibilities, risks, and limits of the shelter and services, and the minor
agrees to adhere to the provider's rules and cooperate and participate in those
services recommended by the provider; provided that:
(1) The provider has not, despite reasonable efforts,
been able to 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 and, based on the
information available to the provider, the provider 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; or
(3) The minor has refused to provide contact
information for the minor's parent, legal guardian, or legal custodian, and the
provider 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.
(c) Any consent given by a minor under this
section shall, for the duration of the period of shelter and with respect to
all services, including medical services, be valid and binding as if the minor
had reached the age of majority.
(d) The consent given under this section shall
not be subject to later disaffirmance by reason of the minor's minority.
(e) [Repeal and reenactment on June 30,
2029. L 2024, c 145, §3.] Any provider who renders no cost
emergency shelter and related services to a minor pursuant to subsections (a)
and (b) 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 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.
(g) The provider shall report any suspected
child abuse or neglect to the department or the police department in accordance
with section 350-1.1.
(h) [Repeal and reenactment on June 30,
2029. L 2024, c 145, §3.] For purposes of this section:
"Minor" means a person less than
eighteen years of age.
"No cost emergency shelter and related
services" means accommodation at no cost for a continuous period of no
more than thirty days, unless extended for emergency purposes and in compliance
with subsection (b), including beds, meals, individual showering facilities,
transportation to and from the place of shelter, and any of the following
services as deemed appropriate by the provider:
(1) Assistance with reunification with the family,
legal guardian, or legal custodian of the minor;
(2) Referral to safe housing;
(3) Individual, family, and group counseling;
(4) Assistance in obtaining clothing;
(5) Access to medical and dental care, and mental
health counseling;
(6) Education and employment services;
(7) Recreational activities;
(8) Case management, advocacy, and referral services;
(9) Independent living skills training; and
(10) Aftercare services, as those services are defined
in title 45 Code of Federal Regulations section 1351.1.
"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.
"Provider" includes an organization that is not a child placing
organization or child caring institution that:
(1) Conducts criminal history clearances, child abuse
and neglect (CA/N) registry checks, background, employment, and any other
checks as may be required by state or federal law on an annual basis for all
employees and volunteers;
(2) Maintains separate sleeping areas for unrelated
adults and minor children;
(3) Serves no more than five minor children per day;
(4) Keeps a current register of all minors admitted;
and
(5) Coordinates with the department to provide
shelter or other services for a minor child.
[L 2011, c 179, §1; am L 2021, c
23, §§1, 3; am L 2024, c 145, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0346/HRS_0346-0017_0006.htmFetched: 11/10/2026