§302A-482  Affidavit for caregiver consent. 
(a)  Notwithstanding any other law to the
contrary, a caregiver may consent on behalf of a minor to enrollment in school
and to full participation in curricular and co-curricular school activities, if
the caregiver possesses and presents to the department of education for
inclusion in the minor's file a valid affidavit for caregiver consent provided
by the department of education and executed by the caregiver that shall include
but not be limited to the following:



(1)  The
caregiver's name and current home address;



(2)  The birthdate
of the caregiver;



(3)  The number of
the caregiver's Hawaii driver's license or state identification card;



(4)  The
relationship of the caregiver to the minor;



(5)  The name of
the minor;



(6)  The birthdate
of the minor;



(7)  The length of
time the minor has resided with the caregiver;



(8)  The signature
of the caregiver;



(9)  The signature
of consent by the minor's parent, guardian, or legal custodian; provided that
the signature of the minor's parent, guardian, or legal custodian shall not be
necessary if the affidavit states that the caregiver has been unable to obtain
the signature of the minor's parent, guardian, or legal custodian; and included
a statement by the caregiver documenting the attempts to obtain the signature
of the minor's parents, guardian, or legal custodian;



(10)  The minor's
residency with the caregiver is not for the purpose of:



(A)  Attending
a particular school;



(B)  Circumventing
the department of education's district exemption process;



(C)  Participating
in athletics at a particular school; or



(D)  Taking
advantage of special services or programs offered at a particular school;



(11)  Notice has
been provided by the caregiver to the child protective services unit of the
department of human services if the minor covered by this affidavit is residing
with the caregiver due to abuse or neglect perpetuated by the minor's parent;



(12)  The following
statement:



"General
Notices:



This
declaration does not affect the rights of the minor's parent, guardian, or
legal custodian regarding the care, custody, and control of the minor, and does
not give the caregiver legal custody of the minor.



The
minor's parent or legal custodian may at any time rescind this affidavit by
informing the minor's school principal in writing that the minor is attending
school under the authority of this affidavit and that this affidavit has been
rescinded.



A person
who relies on this affidavit has no obligation to conduct any further inquiry
or investigation.



No person
who relies in good faith on this affidavit shall be subject to civil or
criminal liability or to professional disciplinary action because of that
reliance."



(b)  The caregiver shall immediately notify the
school if the minor no longer resides with the caregiver, and the affidavit for
caregiver consent shall be revoked immediately.



(c) The affidavit for caregiver consent shall
be superseded upon written notification by the minor's parent, guardian, or
legal custodian to the minor's school principal that this affidavit has been
rescinded.



(d)  Any person who relies in good faith on the
affidavit has no obligation to conduct any further inquiry or investigation.



(e)  No person who relies in good faith on the
affidavit for caregiver consent shall be subject to civil or criminal
liability, or to professional disciplinary action because of the reliance.



(f)  The affidavit for caregiver consent shall
constitute sufficient basis for determination of residency of a minor unless
the school determines from actual facts that the minor is not living with the
caregiver.  The school may also require additional evidence that the caregiver
lives at the address provided in the affidavit.



(g)  This section shall not apply to the programs
and services of minors subject to the Individuals with Disabilities Education
Act (20 U.S.C. section 1400 et seq.) or section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. section 791). [L 2003, c 99, pt of §1; am L 2004, c 10, §8]



 



Cross References



 



  Caregiver consent for minor's health care separate and apart
from §302A-482, see §577-28.