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

(1)  Thecaregiver's name and current home address;

(2)  The birthdateof the caregiver;

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

(4)  Therelationship of the caregiver to the minor;

(5)  The name ofthe minor;

(6)  The birthdateof the minor;

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

(8)  The signatureof the caregiver;

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

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

(A)  Attendinga particular school;

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

(C)  Participatingin athletics at a particular school; or

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

(11)  Notice hasbeen provided by the caregiver to the child protective services unit of thedepartment of human services if the minor covered by this affidavit is residingwith the caregiver due to abuse or neglect perpetuated by the minor's parent;

(12)  The followingstatement:

"GeneralNotices:

Thisdeclaration does not affect the rights of the minor's parent, guardian, orlegal custodian regarding the care, custody, and control of the minor, and doesnot give the caregiver legal custody of the minor.

Theminor's parent or legal custodian may at any time rescind this affidavit byinforming the minor's school principal in writing that the minor is attendingschool under the authority of this affidavit and that this affidavit has beenrescinded.

A personwho relies on this affidavit has no obligation to conduct any further inquiryor investigation.

No personwho relies in good faith on this affidavit shall be subject to civil orcriminal liability or to professional disciplinary action because of thatreliance."

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

(c) The affidavit for caregiver consent shallbe superseded upon written notification by the minor's parent, guardian, orlegal custodian to the minor's school principal that this affidavit has beenrescinded.

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

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

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

(g)  This section shall not apply to the programsand services of minors subject to the Individuals with Disabilities EducationAct (20 U.S.C. section 1400 et seq.) or section 504 of the Rehabilitation Actof 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 apartfrom §302A-482, see §577-28.