Hawaii 2023 Regular Session

Hawaii Senate Bill SB45

Introduced
1/18/23  
Refer
1/20/23  
Report Pass
2/15/23  
Refer
2/15/23  
Report Pass
3/2/23  
Engrossed
3/3/23  
Refer
3/9/23  
Report Pass
3/21/23  
Refer
3/21/23  
Report Pass
3/29/23  
Enrolled
4/18/23  
Chaptered
7/12/23  

Caption

Relating To Minors.

Impact

The enactment of SB45 would amend existing Hawaii Revised Statutes to specifically alter the conditions under which minors can seek protective orders. Importantly, this change would facilitate access to the justice system for adolescents in abusive situations who may lack supportive parental figures due to concerns of non-approval. The adjusted provisions aim to mitigate the reluctance many adolescents face in accessing necessary legal protections, thus potentially leading to improved safety outcomes for this demographic. By recognizing the roles of school counselors and mental health professionals, the bill ensures that more adolescents have access to support when it is most needed.

Summary

SB45 aims to enhance the legal protections available to minors experiencing domestic abuse by allowing certain trusted adults, such as school counselors and domestic violence advocates, to petition for protective orders on behalf of minors. The bill recognizes the difficulties adolescents might face when approaching their parents about abusive relationships that they entered into without parental approval, thereby providing an alternative means for seeking legal protection. This legislative move is intended to empower minors while acknowledging the complexities of their circumstances during a vulnerable time in their lives.

Sentiment

The sentiment surrounding SB45 appears generally positive among those who advocate for the rights and safety of minors. Supporters argue that it will significantly impact the ability of vulnerable youth to seek protection without additional barriers posed by parental involvement. However, some lawmakers may express concerns regarding the implications of allowing minors to bypass parental consent entirely, which could provoke a debate about parental rights and responsibilities in cases of domestic abuse. Overall, the proposed enhancements resonate well with child protection advocates and mental health professionals.

Contention

Despite its intended supportive role for minors, SB45 could spark contentions around issues of parental authority and the threshold for minors to access such legal permissions independently of their guardians. Critics may argue that empowering minors to bypass parents in petitioning for protective orders could undermine parental oversight. Additionally, there might be concerns regarding the adequacy of training and support provided to non-parental figures like counselors and advocates in navigating the legal complexities involved. The discussions surrounding these aspects will be critical in shaping the eventual acceptance and implementation of the bill.

Companion Bills

HI HB205

Same As Relating To Minors.

Similar Bills

CA SB1436

Natural parent and child relationship: establishment.

AZ HB2486

Parent-child relationship; restoration

SC H3830

Orders of Protection

AZ HB2454

Kinship foster care; hearings; reports

NJ S3341

Provides that for purposes of will contest, caregiver-testator relationship is deemed "confidential relationship" and caregiver has burden to prove no undue influence existed.

CA ACR115

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NC S156

Clarify DV Misdemeanor

CA AB643

Pupil instruction: abusive relationships.