Hawaii Senate Bill SR65

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 resolution seeks to evaluate whether mandatory referrals in all domestic abuse cases involving vulnerable individuals are warranted. Proponents of the study suggest that existing discretionary powers of judges might suffice to ensure necessary intervention, without the need for a blanket requirement that could overload DHS resources. The findings may lead to legislative changes aimed at optimizing the referral process for cases of domestic abuse while still providing adequate protection for affected minors and incapacitated persons.

Summary

Senate Resolution 65 (SR65) requests the Judiciary of Hawaii to conduct a study on the necessity of mandatory referrals to the Department of Human Services (DHS) in cases of alleged domestic abuse concerning a family or household member who is a minor or incapacitated person. The resolution highlights existing legal provisions that necessitate such referrals when domestic abuse occurs in households with minor children. As per current law, judges have the discretionary authority to refer cases to DHS for intervention when deemed necessary for family safety.

Contention

Noteworthy points of contention around SR65 may arise from differing opinions on the efficacy of current mandatory reporting laws. Advocates for maintaining or strengthening the existing system may argue that it ensures every case is considered for intervention, thereby enhancing family safety. Conversely, those in favor of the study might argue that mandating referrals in every instance is inefficient and may dilute the focus of DHS resources, potentially hindering timely interventions. The outcome of the study could influence the balance between ensuring protection for vulnerable individuals and the operational capabilities of social service agencies.