Hawaii Senate Bill SCR71

Hawaii 2022 Regular Session

• Introduced: 3/10/22
• Refer: 3/11/22

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

The implications of SCR71 could potentially reshape the way domestic abuse cases involving vulnerable individuals are handled within the state. If the study concludes that mandatory referrals are not necessary, it may lead to legislative changes that would grant greater discretion to judges in making such determinations. This could streamline processes for cases deemed less severe while still ensuring that cases of genuine concern are adequately addressed by Child Welfare Services. Such a change would ultimately aim to protect the safety and well-being of affected families while avoiding unnecessary investigations in less critical situations.

Summary

Senate Concurrent Resolution 71 (SCR71) seeks to address the existing requirements surrounding the reporting and intervention processes in cases of alleged domestic abuse involving minors or incapacitated persons. The resolution specifically requests that the Judiciary conduct a study to evaluate the necessity of mandating referrals to the Department of Human Services for investigation or intervention in all such cases. Currently, the law provides judges with discretionary authority to refer cases for further intervention which may lead to an unnecessary burden in some instances. This study aims to assess whether such mandatory referrals are warranted.

Contention

One notable point of contention around SCR71 lies in the balance between ensuring adequate protection for vulnerable individuals and avoiding the pitfalls of overreaching government intervention. Proponents of the mandatory referral process argue that it is crucial for the protection of minors and incapacitated persons, while critics may contend that it could lead to excessive investigations into family matters where intervention may not be required. Moreover, the adequacy of current judicial discretion in such cases will be a central theme in the discussions surrounding the findings of this study. How the recommendations are received by both legislative bodies and advocacy groups will likely influence the final direction of any proposed changes.