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Two laws help grandfamilies at school and doctor’s office

Grandfamilies are families in which grandparents, great-grandparents, aunties, uncles or other family members fill the role of a parent.

When compared with children raised in the foster care system, children raised in grandfamilies get better grades, stay connected with family, have fewer run-ins with the law, and experience greater stability.

One challenge that many local grandfamilies face is that although they have sole responsibility for the children, they often do not have legal guardianship. This can make it difficult for the grandparents to advocate for the children.

But two Hawaii laws help these families at school and at the doctor’s office. They include Hawaii Revised Statutes 302A-482 and 577-28.

The following is offered for informational purposes only and not intended to provide legal advice. For legal advice regarding guardianship and caregiver consent laws, contact the Legal Aid Society of Hawaii (contact information at the end of this article).

Full participation in school act

Prior to HRS 302A-482, only a parent or legal guardian could enroll a child. But now, a grandparent may enroll a child in school under certain situations.

The act allows grandparents or other caregivers with whom the student lives to complete and submit an affidavit indicating the child’s status. Caregivers then have authority to enroll the child in school and consent to school activities.

All Department of Education offices have copies of the affidavit forms as well as instructions for completing the form. If the office staff is unfamiliar with the forms, ask to speak with the principal or school administrative services assistant.

Legal Aid Society of Hawaii offices on all islands in Maui County are also familiar with HRS 302A-482 and can answer grandparent questions.

Once grandparents have the forms, they need to:

1. Complete the forms, but wait to sign until meeting with a notary.

2. Notarize the forms and make a copy for your files.

3. Bring the completed affidavit forms back to the school.

Caregiver consent for minor’s health care

In 2005, HRS 577-28 made it possible for grandparents to authorize medical and dental care under certain situations. If grandparents or other caregivers have sole responsibility of the child who resides with them, the grandparent would qualify to authorize medical care.

Like the statutes above, the grandparent completes an affidavit and is then able to authorize medical care provided by a physician, advanced practice nurse, dentist or mental health professional licensed to practice in Hawaii.

However, the affidavit does not provide for payment of medical care – cost of care would need to be covered either by an insurance policy or out of pocket.

Some medical offices will have the HRS 577-28 Affidavit Forms, but Legal Aid Society of Hawaii has both the forms and instructions.

To obtain the affidavit forms or for other guardianship questions, contact the local Legal Aid Office:

Maui: 244-3731, ext. 1231.

Lanai: (808) 565-6089.

Molokai: (808) 553-3251.

Additional resources for grandfamilies

During each DOE fall and spring break, the Hi’i Na Kupuna Coalition sponsors a fun and educational workshop in Central Maui for grandparents and grandchildren to attend together.

The title of this year’s fall break workshop is “Laws and Resources for Grandfamilies” and is scheduled for Oct. 6 from 9 a.m. to noon.

Guest speakers include the Maui Police Department and Legal Aid Society of Hawaii. Lunch will be provided.

The Oct. 6 workshop is free, but space is limited so pre-registration is required. Call or email the Kahului office of University of Hawaii Cooperative Extension Service for information and registration, 244-3242, ext. 226 or heather8@hawaii.eduheather8@hawaii.edu.

* Heather Greenwood-Junkermeier is with the University of Hawaii at Manoa Cooperative Extension, Maui Aging and Intergenerational Programs. Today’s column was written jointly with Stacey Casco of Legal Aid Society of Hawaii, Maui Office. Aging Matters covers topics of interest to the aging Maui community and appears on the third Sunday of each month.

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