REPORT TITLE:
Native Hawns; Ho`oponopono


DESCRIPTION:
Appropriates funds for a three-year ho`oponopono counseling
project administered by the family court of the first judicial
circuit.  Allows cases involving child custody and adult custody
disputes to be referred to a haku utilizing the practice of
ho`oponopono.  Defines haku and ho`oponopono. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2560
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HO`OPONOPONO.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that ho`oponopono is an
 
 2 effective means of dispute resolution among persons and families
 
 3 of Hawaiian ancestry that complements and enhances the judicial
 
 4 process when applied by a skilled practitioner working in
 
 5 consultation with a judge of the family court.  The legislature
 
 6 further finds that although Hawaii's circuit courts have from
 
 7 time to time referred family court cases to individuals
 
 8 proficient in administering ho`oponopono, there is no central
 
 9 source or pool of ho`oponopono practitioners to provide services
 
10 on a regular basis, and the persons and families that would most
 
11 benefit from these services seldom utilize other more available
 
12 means of dispute resolution.  Utilization of ho`oponopono on a
 
13 regular basis would be a cost-effective means of alleviating some
 
14 of the heavy caseloads currently experienced by all of the courts
 
15 in this State.  Further, ho`oponopono will assist in improving
 
16 social conditions in Hawaii by addressing issues such as poverty,
 
17 alienation, crime, and physical and substance abuse in a manner
 
18 based on traditional Hawaiian values.
 
19      The purposes of this Act are:
 

 
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 1      (1)  To establish a three-year ho`oponopono demonstration
 
 2           project administered by the judiciary with appropriate
 
 3           referrals from the family court of the first judicial
 
 4           circuit; and
 
 5      (2)  To provide an alternative process for resolving
 
 6           disputes by utilizing a haku knowledgeable and trained
 
 7           in the practices and principles of ho`oponopono.
 
 8      SECTION 2.  Section 9-1, Hawaii Revised Statutes, is amended
 
 9 by adding a new definition to be appropriately inserted and to
 
10 read as follows:
 
11      ""Ho`oponopono" means setting to right; to make right; to
 
12 correct; to restore and maintain good relationships among family
 
13 and family-and-supernatural powers; the specific family
 
14 conference in which relationships were "set right" through
 
15 "pule", discussion, confession, repentance, and mutual
 
16 restitution and forgiveness.  The term "ho`oponopono" is the
 
17 traditional process of dispute resolution utilized by native
 
18 Hawaiians."
 
19      SECTION 3.  Section 571-2, Hawaii Revised Statutes, is
 
20 amended by adding a new definition to be appropriately inserted
 
21 and to read as follows:
 
22      ""Haku" means a well-respected unbiased individual who is
 
23 knowledgeable and trained in the practice and principles of
 

 
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 1 ho`oponopono."
 
 2      SECTION 4.  Section 9-3, Hawaii Revised Statutes, is amended
 
 3 to read as follows:
 
 4      "9-3 Duties.  The foundation shall:
 
 5      (1)  Assist in coordinating the plans, programs, and
 
 6           activities of individuals, associations, corporations,
 
 7           and agencies concerned with the preservation and
 
 8           furtherance of culture and the arts and history and the
 
 9           humanities;
 
10      (2)  Establish written standards and criteria by which grant
 
11           contracts shall be evaluated;
 
12      (3)  Appraise the availability, adequacy, and accessibility
 
13           of culture and the arts and history and the humanities
 
14           to all persons throughout the State and devise programs
 
15           whereby culture and the arts and history and the
 
16           humanities can be brought to those who would otherwise
 
17           not have the opportunity to participate;
 
18      (4)  Stimulate, guide, and promote culture and the arts and
 
19           history and the humanities throughout the State;
 
20      (5)  Devise and recommend legislative and administrative
 
21           action for the preservation and furtherance of culture
 
22           and the arts and history and the humanities;
 
23      (6)  Study the availability of private and governmental
 

 
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 1           grants for the promotion and furtherance of culture and
 
 2           the arts and history and the humanities;
 
 3      (7)  Through its executive director:
 
 4           (A)  Administer funds allocated by grant, gift, or
 
 5                bequest to the foundation; accept, hold, disburse,
 
 6                and allocate funds which may become available from
 
 7                other governmental and private sources; provided
 
 8                that all those funds shall be disbursed or
 
 9                allocated in compliance with any specific
 
10                designation stated by the donor and in the absence
 
11                of any designation, the funds shall be disbursed
 
12                or allocated for the promotion and furtherance of
 
13                culture and the arts and history and the
 
14                humanities; and
 
15           (B)  Accept, hold, disburse, and allocate public funds
 
16                that are made available to the foundation by the
 
17                legislature for disbursement or allocation,
 
18                pursuant to the standards and procedures
 
19                established in part II, for the promotion and
 
20                furtherance of culture and the arts and history
 
21                and the humanities;
 
22      (8)  Submit an annual report with recommendations to the
 
23           governor and legislature, prior to February 1, of each
 

 
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 1           year.  Annual reports shall include the total number
 
 2           and amount of gifts received, payroll disbursements,
 
 3           contracts entered into, and progress and
 
 4           accomplishments made during the year;
 
 5      (9)  In consultation with the department of education, the
 
 6           colleges of education and arts and humanities of the
 
 7           University of Hawaii at Manoa, and other arts education
 
 8           organizations with statewide representation:
 
 9           (A)  Review, revise, and complete the Hawaii content
 
10                and performance standards in the arts for all K-12
 
11                grade students; and
 
12           (B)  Develop a statewide strategic plan for grades K-12
 
13                arts education that incorporates and integrates
 
14                the arts content and performance standards
 
15                established in subparagraph (A).  The plan shall
 
16                address curriculum development for classroom
 
17                instruction, professional development for
 
18                educators and artists, and the methodology and
 
19                mechanisms by which implementation and attainment
 
20                of fine arts content and performance standards can
 
21                be ascertained and assessed;
 
22     (10)  Display student art works in public buildings, sponsor
 
23           student art displays, promote arts education, and in
 

 
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 1           other ways encourage the development of creative talent
 
 2           among the young people of Hawaii;
 
 3     (11)  In cooperation with qualified organizations conduct
 
 4           research, studies, and investigations in the fields of
 
 5           ethnohistory and the humanities; make, publish, and
 
 6           distribute works documenting the contributions of
 
 7           individual ethnic groups in their relationship to one
 
 8           another and to the whole population of Hawaii; place
 
 9           ethnohistorical and cultural materials developed by the
 
10           foundation or received by the foundation as gifts and
 
11           donations in public archives, libraries, and other
 
12           suitable institutions accessible to the public; and
 
13           maintain a register of the location of such materials;
 
14     (12)  Cooperate with and assist the department of land and
 
15           natural resources and other state agencies in
 
16           developing and implementing programs relating to
 
17           historic preservation, research, restoration, and
 
18           presentation, as well as museum activities; [and]
 
19     (13)  Establish an individual artist fellowship program to
 
20           encourage artists to remain and work in Hawaii and to
 
21           reaffirm the importance of Hawaii's artists and their
 
22           cultural and economic contributions to the State by:
 
23           (A)  Recognizing and honoring Hawaii's exceptionally
 

 
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 1                talented visual and performing artists for their
 
 2                outstanding work and commitment in the arts; and
 
 3           (B)  Enabling these artists to further their artistic
 
 4                goals[.]; and
 
 5     (14)  Acknowledge the benefits of and foster and encourage
 
 6           the use by the public of ho`oponopono to resolve
 
 7           differences whenever practicable."
 
 8      SECTION 5.  Section 571-1,  Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "571-1 Construction and purpose of chapter.  This chapter
 
11 shall be liberally construed to the end that children and
 
12 families whose rights and well-being are jeopardized shall be
 
13 assisted and protected, and secured in those rights through
 
14 action by the court; that the court may formulate a plan adapted
 
15 to the requirements of the child and the child's family and the
 
16 necessary protection of the community, and may utilize all state
 
17 and community resources [to the extent possible in its
 
18 implementation.] including referring the case to a haku utilizing
 
19 the practice of ho`oponopono.
 
20      This chapter creates within this State a system of family
 
21 courts and it shall be a policy and purpose of [said] those
 
22 courts to promote the reconciliation of distressed juveniles with
 
23 their families, foster the rehabilitation of juveniles in
 

 
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                                     S.B. NO.           2560
                                            
                                                        


 1 difficulty, render appropriate punishment to offenders, and
 
 2 reduce juvenile delinquency.  The court shall conduct all
 
 3 proceedings to the end that no adjudication by the court of the
 
 4 status of any child under this chapter shall be deemed a
 
 5 conviction; no such adjudication shall impose any civil
 
 6 disability ordinarily resulting from conviction; no child shall
 
 7 be found guilty or be deemed a criminal by reason of such
 
 8 adjudication; no child shall be charged with crime or be
 
 9 convicted in any court except as otherwise provided in this
 
10 chapter; and all children found responsible for offenses shall
 
11 receive dispositions that provide incentive for reform or
 
12 deterrence from further misconduct, or both.  The disposition
 
13 made of a child or any evidence given in the court[,] shall not
 
14 operate to disqualify the child in any civil service or military
 
15 application or appointment.  Any evidence given in any case under
 
16 section 571-11 shall not in any civil, criminal, or other cause
 
17 in any court be lawful or proper evidence against the child for
 
18 any purpose whatever except in subsequent cases involving the
 
19 same child under section 571-11."
 
20      SECTION 6.  Section 576B-305, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:           
 
22      "(b)  A responding tribunal of this State, to the extent
 
23 otherwise authorized by law, may do one or more of the following:
 

 
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 1      (1)  Issue or enforce a support order, modify a child
 
 2           support order, or render a judgment to determine
 
 3           parentage;
 
 4      (2)  Order an obligor to comply with a child support order,
 
 5           specifying the amount and the manner of compliance;
 
 6      (3)  Order income withholding;
 
 7      (4)  Determine the amount of any arrearages, and specify a
 
 8           method of payment;
 
 9      (5)  Enforce orders by civil or criminal contempt, or both;
 
10      (6)  Set aside property for satisfaction of the support
 
11           order;
 
12      (7)  Place liens and order execution on the obligor's
 
13           property;
 
14      (8)  Order an obligor to keep the tribunal informed of the
 
15           obligor's current residential address, telephone
 
16           number, employer, address of employment, and telephone
 
17           number at the place of employment;
 
18      (9)  Issue a bench warrant for an obligor who has failed
 
19           after proper notice to appear at a hearing ordered by
 
20           the tribunal and enter the bench warrant in any local
 
21           and state computer systems for criminal warrants;
 
22     (10)  Order the obligor to seek appropriate employment by
 
23           specified methods;
 

 
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 1     (11)  Award reasonable attorney's fees and other fees and
 
 2           costs; [and]
 
 3     (12)  Refer the case to a haku utilizing the practice of
 
 4           ho`oponopono; and 
 
 5     (13)  Grant any other available remedy."
 
 6      SECTION 7.  Section 580-41.5, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "580-41.5  Battered spouses; exemption from mediation in
 
 9 divorce proceedings.(a)  In contested divorce proceedings where
 
10 there are allegations of spousal abuse, the court shall not
 
11 require a party alleging the spousal abuse to participate in any
 
12 component of any mediation program against the wishes of that
 
13 party.
 
14      (b)  A mediator who receives a referral or order from a
 
15 court to conduct mediation shall screen for the occurrence of
 
16 family violence between the parties.  A mediator shall not engage
 
17 in mediation when it appears to the mediator or when either party
 
18 asserts that family violence has occurred unless:
 
19      (1)  Mediation is authorized by the victim of the alleged
 
20           family violence;
 
21      (2)  Mediation is provided in a specialized manner that
 
22           protects the safety of the victim by a mediator who is
 
23           trained in family violence; and
 

 
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 1      (3)  The victim is permitted to have in attendance at
 
 2           mediation, a supporting person of the victim's choice
 
 3           including but not limited to an attorney or advocate.
 
 4           If the victim chooses to exercise such option, any
 
 5           other party to the mediation [will] shall be permitted
 
 6           to have in attendance at mediation, a supporting person
 
 7           of the party's choice including but not limited to an
 
 8           attorney or advocate.
 
 9      (c)  In a proceeding concerning the custody or visitation of
 
10 a child, if a protective order is in effect, the court shall not
 
11 require a party alleging family violence to participate in any
 
12 component of any mediation program against the wishes of that
 
13 party.
 
14      (d)  In a proceeding concerning the custody or visitation of
 
15 a child, if there is an allegation of family violence and a
 
16 protective order is not in effect, the court may order mediation
 
17 or refer either party to mediation only if:
 
18      (1)  Mediation is authorized by the victim of the alleged
 
19           family violence;
 
20      (2)  Mediation is provided in a specialized manner that
 
21           protects the safety of the victim by a mediator who is
 
22           trained in family violence; and
 
23      (3)  The victim is permitted to have in attendance at
 

 
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 1           mediation, a supporting person of the victim's choice
 
 2           including but not limited to an attorney or advocate.
 
 3           If the victim chooses to exercise such option, any
 
 4           other party to the mediation [will] shall be permitted
 
 5           to have in attendance at mediation, a supporting person
 
 6           of the party's choice including but not limited to an
 
 7           attorney or advocate.
 
 8      (e)  As used in this section, "mediation program" and
 
 9 "mediation" includes ho`oponopono, and "mediator" includes
 
10 "haku"." 
 
11      SECTION 8.  Section 587-1, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "587-1 Purpose; construction.  This chapter creates within
 
14 the jurisdiction of the family court a child protective act to
 
15 make paramount the safety and health of children who have been
 
16 harmed or are in life circumstances that threaten harm.
 
17 Furthermore, this chapter makes provisions for the service,
 
18 treatment, and permanent plans for these children and their
 
19 families.
 
20      The legislature finds that children deserve and require
 
21 competent, responsible parenting and safe, secure, loving, and
 
22 nurturing homes.  The legislature finds that children who have
 
23 been harmed or are threatened with harm are less likely than
 

 
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 1 other children to realize their full educational, vocational, and
 
 2 emotional potential, and become law-abiding, productive, self-
 
 3 sufficient citizens, and are more likely to become involved with
 
 4 the mental health system, the juvenile justice system, or the
 
 5 criminal justice system, as well as become an economic burden on
 
 6 the State.  The legislature finds that prompt identification,
 
 7 reporting, investigation, services, treatment, adjudication, and
 
 8 disposition of cases involving children who have been harmed or
 
 9 are threatened with harm are in the children's, their families',
 
10 and society's best interests because the children are
 
11 defenseless, exploitable, and vulnerable.
 
12      The policy and purpose of this chapter is to provide
 
13 children with prompt and ample protection from the harms detailed
 
14 herein, with an opportunity for timely reconciliation with their
 
15 families if the families can provide safe family homes, and with
 
16 timely and appropriate service or permanent plans to ensure the
 
17 safety of the child so they may develop and mature into
 
18 responsible, self-sufficient, law-abiding citizens.  The service
 
19 plan shall effectuate the child's remaining in the family home,
 
20 when the family home can be immediately made safe with services,
 
21 or the child's returning to a safe family home.  The service plan
 
22 should be carefully formulated with the family in a timely
 
23 manner.  Every reasonable opportunity should be provided to help
 

 
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 1 the child's legal custodian to succeed in remedying the problems
 
 2 which put the child at substantial risk of being harmed in the
 
 3 family home.  Each appropriate resource, public and private,
 
 4 family and friend, should be considered and used to maximize the
 
 5 legal custodian's potential for providing a safe family home for
 
 6 the child.  Full and careful consideration should be given to the
 
 7 religious, cultural, and ethnic values of the child's legal
 
 8 custodian when service plans are being discussed and formulated.
 
 9 The family court may refer the case to a haku utilizing the
 
10 practice of ho`oponopono.  Where the court has determined, by
 
11 clear and convincing evidence, that the child cannot be returned
 
12 to a safe family home, the child will be permanently placed in a
 
13 timely manner.
 
14      The department's child protective services provided under
 
15 this chapter shall make every reasonable effort to be open,
 
16 accessible, and communicative to the persons affected in any
 
17 manner by a child protective proceeding; provided that the safety
 
18 and best interests of the child under this chapter shall not be
 
19 endangered in the process.
 
20      This chapter shall be liberally construed to serve the best
 
21 interests of the children and the purposes set out in this
 
22 chapter."
 
23      SECTION 9.  Section 587-11, Hawaii Revised Statutes, is
 

 
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                                     S.B. NO.           2560
                                            
                                                        


 1 amended to read as follows:
 
 2      "587-11  Jurisdiction.  Pursuant to subsection 571-11(9),
 
 3 the court shall have exclusive original jurisdiction in a child
 
 4 protective proceeding concerning any child who was or is found
 
 5 within the State at the time the facts and circumstances
 
 6 occurred, are discovered, or are reported to the department,
 
 7 which facts and circumstances constitute the basis for the
 
 8 finding that the child is a child whose physical or psychological
 
 9 health or welfare is subject to imminent harm, has been harmed,
 
10 or is subject to threatened harm by the acts or omissions of the
 
11 child's family.  The court may refer the case to a haku utilizing
 
12 the practice of ho`oponopono."
 
13      SECTION 10.  There is established a three-year ho`oponopono
 
14 demonstration project administered by the judiciary with
 
15 appropriate referrals from the family court of the first judicial
 
16 circuit.  Ho`oponopono will be used in disputed child and adult
 
17 custody cases involving clientele of Hawaiian ancestry.  In
 
18 addition, the demonstration project shall recruit and train
 
19 within a three-year period a sufficient number of persons as haku
 
20 (well-respected unbiased individuals) to perform ho'oponopono
 
21 services for individuals, families, or both referred by the
 
22 family court of the first circuit.
 
23      SECTION 11.  No general fund revenues shall be expended for
 

 
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 1 the ho'oponopono demonstration project.  The project shall be
 
 2 funded through private donations and other private moneys raised
 
 3 by the judiciary, and may be funded with donations and grants
 
 4 from the office of Hawaiian affairs.
 
 5      SECTION 12.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 13.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________