STAND. COM. REP. NO. 2021

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2054

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

 

Madam:

 

     Your Committee on Human Services and Public Housing, to which was referred S.B. No. 2054 entitled:

 

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

 

begs leave to report as follows:

 

     The purpose of this measure is to amend the family court best interest of the child criteria and procedures to specify what factors the court shall consider in making a custody or visitation determination concerning a minor child.

 

     Testimony in support of this measure was submitted by the Children's Rights Council and four individuals.  Testimony in opposition to one of the proposed criteria for determining the best interest of the child was submitted by three individuals.  Comments were submitted by two individuals from the Hawaii State Coalition Against Domestic Violence suggesting amendments to the measure. 

 

     Your Committee finds that the testimony of certain individuals was well taken concerning one of the additional criteria for the court to consider when making a custody determination, and that each parent's "cooperation in developing and implementing a plan to meet the child's ongoing schedule, needs, and interests" should not be considered when there also has been a determination in the case that family violence has been committed by a parent.  

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Amending the above criteria by providing that each parent's cooperation shall not be considered when there also has been a determination  made by the court that family violence has been committed by a parent; and

 

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

 

     As affirmed by the record of votes of the members of your Committee on Human Services and Public Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2054, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2054, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Human Services and Public Housing,

 

 

 

____________________________

SUZANNE CHUN OAKLAND, Chair