Hawaii 2022 Regular Session

Hawaii House Bill HCR64

Introduced
3/10/22  
Refer
3/14/22  
Report Pass
3/31/22  

Caption

Requesting The Judiciary Conduct A Study On The Necessity Of Mandatory Referrals To The Department Of Human Services For Investigation Or Intervention In All Cases Of Alleged Domestic Abuse Involving A Family Or Household Member Who Is A Minor Or Incapacitated Person.

Impact

If HCR64 is acted upon, it may lead to significant changes in how domestic abuse cases are processed in Hawaii. The existing law allows judicial discretion in the referral process, which some argue can be beneficial when the circumstances of abuse vary greatly. A study mandated by this resolution could highlight the need for flexibility in the referral process, or conversely, it could affirm the need for more structured protocols to enhance the protection of minors and incapacitated individuals within domestic abuse scenarios.

Summary

House Concurrent Resolution 64 (HCR64) was introduced during the Thirty-first Legislature of Hawaii in 2022. The resolution requests the Judiciary to conduct a study on the necessity of mandatory referrals to the Department of Human Services for cases of domestic abuse that involve a minor or an incapacitated person. Currently, judges have the discretion to refer such cases for investigation or intervention when warranted, but this resolution seeks to assess whether it is necessary to enforce mandatory referrals in all instances. The Judiciary’s study would inform potential legislative adjustments regarding this matter.

Sentiment

The sentiment surrounding HCR64 appears to be cautiously supportive, with recognition of the complexities involved in cases of domestic abuse. Proponents of the resolution express that a detailed examination of mandatory referrals could protect vulnerable populations more effectively. However, there may also be concerns among stakeholders who believe that mandatory referrals could possibly lead to an overflow of cases without due consideration, impacting the Department of Human Services' ability to operate efficiently and effectively.

Contention

Notable points of contention surrounding HCR64 center on the balance between mandatory intervention and judicial discretion. Advocates argue that mandatory referrals could often be necessary to ensure that all cases are addressed, while opponents may argue that a standardized approach could overlook the nuances of specific domestic situations. The outcomes of the proposed study are expected to bring to light important considerations regarding legal and procedural adaptations in managing domestic abuse cases effectively.

Companion Bills

HI SCR71

Same As Requesting The Judiciary Conduct A Study On The Necessity Of Mandatory Referrals To The Department Of Human Services For Investigation Or Intervention In All Cases Of Alleged Domestic Abuse Involving A Family Or Household Member Who Is A Minor Or Incapacitated Person.

HI HR58

Same As Requesting The Judiciary Conduct A Study On The Necessity Of Mandatory Referrals To The Department Of Human Services For Investigation Or Intervention In All Cases Of Alleged Domestic Abuse Involving A Family Or Household Member Who Is A Minor Or Incapacitated Person.

Previously Filed As

HI HCR104

Requesting The Department Of The Attorney General To Conduct A Study Evaluating The Feasibility Of Creating A Domestic Violence Registry That Would Be Used Similarly To The Sex Offender Registry.

HI HB447

Relating To Domestic Abuse.

HI HR85

Requesting The Department Of The Attorney General To Conduct A Study Evaluating The Feasibility Of Creating A Domestic Violence Registry That Would Be Used Similarly To The Sex Offender Registry.

HI HCR44

Requesting The Department Of Human Services To Convene A Baby Bonds Working Group.

HI HCR94

Requesting The Department Of Human Services To Conduct A Study On The Feasibility Of Increasing The Medicaid Reimbursement Payment Rate For Hawaii's Community Care Foster Family Homes And Expanded Adult Residential Care Homes For Medicaid Clients In 2032 And Every Ten Years Thereafter.

HI HCR143

Urging The Department Of Human Services, Department Of Health, And Judiciary To Prioritize Ensuring That Contracts For Government Services Are Adequately Resourced To Cover The Costs Of Providing Those Services.

HI HCR174

Requesting The Department Of Education To Conduct A Study On The Implementation Of Later School Start Times.

HI SCR39

Requesting The Department Of Human Services To Convene A Baby Bonds Working Group.

HI HR50

Requesting The Department Of Health To Conduct A Study Into The Feasibility Of Permitting Minors Sixteen Years Of Age Or Older To Consent To Receive Vaccinations Without Consent From The Minor's Parent Or Guardian.

HI SCR169

Requesting The Auditor To Conduct A Program Audit Of The State's Child Protective Services System.

Similar Bills

CA SB321

Employment safety standards: advisory committee: household domestic services.

CA SB1257

Employment safety standards: household domestic services.

HI SR65

Requesting The Judiciary Conduct A Study On The Necessity Of Mandatory Referrals To The Department Of Human Services For Investigation Or Intervention In All Cases Of Alleged Domestic Abuse Involving A Family Or Household Member Who Is A Minor Or Incapacitated Person.

HI SCR71

Requesting The Judiciary Conduct A Study On The Necessity Of Mandatory Referrals To The Department Of Human Services For Investigation Or Intervention In All Cases Of Alleged Domestic Abuse Involving A Family Or Household Member Who Is A Minor Or Incapacitated Person.

HI HR58

Requesting The Judiciary Conduct A Study On The Necessity Of Mandatory Referrals To The Department Of Human Services For Investigation Or Intervention In All Cases Of Alleged Domestic Abuse Involving A Family Or Household Member Who Is A Minor Or Incapacitated Person.

HI SR157

Urging The Department Of The Attorney General To Investigate And Enforce Applicable Laws Against Landlords Who Are Ending Rental Agreements To House Femaeligible Households Through The Direct Lease Program Or The Department Of Human Services Rental Assistance Program.

HI SCR183

Urging The Department Of The Attorney General To Investigate And Enforce Applicable Laws Against Landlords Who Are Ending Rental Agreements To House Fema-eligible Households Through The Direct Lease Program Or The Department Of Human Services Rental Assistance Program.

CA SB391

Household Movers Act: enforcement: special investigators and supervising special investigators.