THE SENATE S.R. NO. 65 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII SENATE RESOLUTION 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.
THE SENATE S.R. NO. 65
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII
THE SENATE
S.R. NO.
65
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII
SENATE RESOLUTION
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.
WHEREAS, when domestic abuse occurs in a household in which a child resides, a parent may seek a restraining order against the abusive parent or household member; and WHEREAS, in such cases, existing law requires the court-appointed entity assisting the parent with filing the petition to refer the matter to the Department of Human Services for intervention or investigation by the Child Welfare Services Branch; and WHEREAS, judges have the discretionary authority to refer a case to the Department of Human Services where an investigation is warranted to ensure the family's safety and provide services to support their safety and well-being; and WHEREAS, given this authority, mandating a referral 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 may be unnecessary; now, therefore, BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, that the Judiciary is requested to 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 who is a minor or incapacitated person; and BE IT FURTHER RESOLVED that the Judiciary is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023; and BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court and Director of Human Services. OFFERED BY: _____________________________ Report Title: Judiciary; Mandatory Reporting; Domestic Violence; Study
WHEREAS, when domestic abuse occurs in a household in which a child resides, a parent may seek a restraining order against the abusive parent or household member; and
WHEREAS, in such cases, existing law requires the court-appointed entity assisting the parent with filing the petition to refer the matter to the Department of Human Services for intervention or investigation by the Child Welfare Services Branch; and
WHEREAS, judges have the discretionary authority to refer a case to the Department of Human Services where an investigation is warranted to ensure the family's safety and provide services to support their safety and well-being; and
WHEREAS, given this authority, mandating a referral 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 may be unnecessary; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, that the Judiciary is requested to 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 who is a minor or incapacitated person; and
BE IT FURTHER RESOLVED that the Judiciary is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court and Director of Human Services.
OFFERED BY: _____________________________
OFFERED BY:
_____________________________
Report Title:
Judiciary; Mandatory Reporting; Domestic Violence; Study