STAND. COM. REP. NO. 1212

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 56

       H.D. 2

       S.D. 2

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 56, H.D. 2, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO CHILD VISITATION,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Permit the Family Court to award grandparents reasonable visitation rights; provided that denial of visitation would cause significant harm to the child;

 

     (2)  Establish a rebuttable presumption that a parent's decision regarding visitation is in the best interests of the child; and

 

     (3)  Identify factors that the Family Court shall consider when awarding grandparent visitation rights.

 

     Your Committee finds that this measure addresses and clarifies current statutes regarding grandparent visitation rights.

 

     Your Committee on Human Services requested that your Committee evaluate whether the factors to be considered by the Family Court in awarding visitation appropriately address domestic violence concerns.  After careful consideration, your Committee believes that the consideration of criteria from section 571‑46(a)(9) and (10), Hawaii Revised Statutes, and of whether grandparents have previously violated or assisted a parent in violating a temporary restraining order or protective order provides an appropriate safeguard in situations where domestic violence issues have been raised.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting an effective date of July 1, 2051, to allow for further discussion; and

 

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

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 56, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 56, H.D. 2, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair