Hawaii 2024 Regular Session

Hawaii House Bill HB447 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 447 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO DOMESTIC ABUSE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 447
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	447
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO DOMESTIC ABUSE.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that when domestic abuse occurs in a household in which children reside, a parent may seek a restraining order against the abusive parent or household member. The legislature further finds that the parent seeking the restraining order is undeniably motivated by a desire to protect their children's well-being and shield them from further harm. However, the legislature also finds that the current law requiring referral by the court to the department of human services for intervention or investigation by the child welfare services branch is unnecessary. This is because judges already have the authority to refer, at their discretion, a case where investigation is warranted to ensure the family's safety and provide services to support their safety and well-being. Accordingly, the purpose of this Act is to repeal the requirements of section 586-10.5, Hawaii Revised Statutes. SECTION 2. Section 586-10.5, Hawaii Revised Statutes, is repealed. ["§586-10.5 Reports by the department of human services; court responsibilities. In cases where there are allegations of domestic abuse involving a family or household member who is a minor or an incapacitated person as defined in section 560:5‑102, the employee or appropriate nonjudicial agency designated by the family court to assist the petitioner shall report the matter to the department of human services, as required under chapters 350 and 587A, and shall further notify the department of the granting of the temporary restraining order and of the hearing date. The department of human services shall provide the family court with a written report on the disposition of the referral. The court shall file the report and mail it to the petitioner and respondent at least two working days before the hearing date, if possible. If circumstances prevent the mailing of the report as required in this section, the court shall provide copies of the report to the petitioner and respondent at the hearing. The report shall be noted in the order dismissing the petition or granting the restraining order."] SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that when domestic abuse occurs in a household in which children reside, a parent may seek a restraining order against the abusive parent or household member. The legislature further finds that the parent seeking the restraining order is undeniably motivated by a desire to protect their children's well-being and shield them from further harm. However, the legislature also finds that the current law requiring referral by the court to the department of human services for intervention or investigation by the child welfare services branch is unnecessary. This is because judges already have the authority to refer, at their discretion, a case where investigation is warranted to ensure the family's safety and provide services to support their safety and well-being.
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51	51	Accordingly, the purpose of this Act is to repeal the requirements of section 586-10.5, Hawaii Revised Statutes.
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53	53	SECTION 2. Section 586-10.5, Hawaii Revised Statutes, is repealed.
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55	55	["§586-10.5 Reports by the department of human services; court responsibilities. In cases where there are allegations of domestic abuse involving a family or household member who is a minor or an incapacitated person as defined in section 560:5‑102, the employee or appropriate nonjudicial agency designated by the family court to assist the petitioner shall report the matter to the department of human services, as required under chapters 350 and 587A, and shall further notify the department of the granting of the temporary restraining order and of the hearing date. The department of human services shall provide the family court with a written report on the disposition of the referral. The court shall file the report and mail it to the petitioner and respondent at least two working days before the hearing date, if possible. If circumstances prevent the mailing of the report as required in this section, the court shall provide copies of the report to the petitioner and respondent at the hearing. The report shall be noted in the order dismissing the petition or granting the restraining order."]
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57	57	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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59	59	SECTION 4. Statutory material to be repealed is bracketed and stricken.
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61	61	SECTION 5. This Act shall take effect upon its approval.
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65	65	INTRODUCED BY: _____________________________
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67	67	INTRODUCED BY:
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69	69	_____________________________
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75	75	Report Title: Domestic Abuse; DHS; Family Court; Mandatory Referral; Report Description: Repeals referral and reporting requirements for the Family Courts and the Department of Human Services that apply to cases in which a temporary restraining order is sought for alleged domestic abuse involving an incapacitated or minor family or household member. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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81	81	Report Title:
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83	83	Domestic Abuse; DHS; Family Court; Mandatory Referral; Report
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87	87	Description:
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89	89	Repeals referral and reporting requirements for the Family Courts and the Department of Human Services that apply to cases in which a temporary restraining order is sought for alleged domestic abuse involving an incapacitated or minor family or household member.
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97	97	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.