STAND. COM. REP. NO.419-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 1864

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1864 entitled:

"A BILL FOR AN ACT RELATING TO VISITATION,"

begs leave to report as follows:

The purpose of the bill is to encourage sibling visitation by:

(1) Affirming sibling visitation rights;

(2) Establishing procedures for enforcement of sibling visitation rights; and

(3) Establishing a rebuttable presumption that sibling visitation is in the best interests of the child in cases involving the adoption of orphaned children.

Volunteer Legal Services Hawaii, Keiki Injury Prevention Coalition, and Hawaii Foster Youth Coalition testified in support of this measure. The Department of Human Services testified in support of the intent of the bill. The Department of the Attorney General opposed this measure. The Judiciary commented on this measure.

Your Committee believes that sibling visitation should be encouraged. However, your Committee believes that there may situations where a conflict may arise between the adoptive parent's right to decide whether sibling visitation is in the best interest of their adopted child, and the sibling's desire to visit the adopted child. In such situations, there should not be a presumption in favor of the sibling at the expense of the adoptive parents.

Your Committee has amended this bill by:

(1) Removing the provision that would have allowed an adult sibling to file a petition with the court for reasonable visitation rights;

(2) Removing the rebuttable presumption that sibling visits are in the best interest of children; and

(3) Making technical, nonsubstantive amendments for purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1864, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1864, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

 

____________________________

ERIC G. HAMAKAWA, Chair