STAND. COM. REP. NO. 645

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 422

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 422, 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 provide guidelines for the court to consider in awarding visitation rights to grandparents.

 

     Specifically, this measure:

 

     (1)  Clarifies that as a prerequisite to awarding visitation rights to grandparents, the court must find that:

 

          (A)  Awarding visitation to a grandparent is in the best interest of the child; and

 

          (B)  Denial of reasonable grandparent visitation rights would cause significant harm to the child;

 

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

 

     (3)  Clarifies that, in awarding reasonable grandparent visitation, the court shall be guided by all standards, considerations, and procedures for parent visitation under section 571-46, Hawaii Revised Statutes; and

 

     (4)  Provides that a violation by a grandparent or grandparents of the terms and conditions of an order awarding reasonable visitation rights is subject to sanctions as determined by the court and in accordance with section 571-81, Hawaii Revised Statutes.

 

     Your Committee received written comments in support of this measure from two concerned individuals.

 

     Your Committee finds that grandparents are taking on increasing responsibilities in helping to raise their grandchildren, especially when the children's own parents are unable or unwilling to do so due to the parents' need to work or attend school, or the parents' abandonment, mental disorder, substance abuse, or incarceration.  Grandparents can help to foster a child's healthy emotional and psychological development and further a child's education.  Your Committee believes that this measure recognizes the importance of grandparents in a child's life.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 422, S.D. 1, and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

________________________________

JILL N. TOKUDA, Chair