Report Title:

Minors; Family Court; Parental Duty to Support Minor Children

Description:

Establishes statutory duty for parents to reimburse State for legal representation of minor children in family court or in relation to status violations. Exempts parents determined indigent by court or who are alleged victims of the violation. Provides that court orders mandating reimbursement are enforceable like a civil judgment.

THE SENATE

S.B. NO.

585

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to reimbursement for legal REPRESENTATION of minors.

 

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

SECTION 1. Section 577-7, Hawaii Revised Statutes, is amended to read as follows:

"§577-7 Parents' control and duties. (a) Parents or, in case they are both deceased, guardians, legally appointed, shall have control over the conduct and education of their minor children. They shall have the right, at all times, to recover the physical custody of their children by habeas corpus. All parents and guardians shall provide, to the best of their abilities, for the discipline, support, and education of their children.

(b) Parents and guardians shall be jointly and severably liable for the cost to the State for legal services rendered to their minor child by the public defender or for legal services rendered by an attorney in private practice appointed pursuant to an order of the court in proceedings filed pursuant to section 571-11(1) or 571-11(2), except where the parent or guardian is the alleged victim of the violation or it is determined by the court that the parent or guardian is indigent. If the court determines that the parent or guardian is not indigent, the court shall order the parent or guardian to reimburse the State for the costs of the minor child's legal representation. The order shall be enforceable in the same manner as a civil judgment. However, nothing in this section shall affect the right of the minor to representation if the parent or guardian refuses or is unable to pay the reimbursement to the State for the minor child's legal representation.

[(b)] (c) To the extent that the minor child has a beneficial interest in the income or principal of any trust [which] that is applied for [such purposes,] the discipline, support, or education of the minor child, parents or guardians shall not be required to pay the costs of registration, tuition, books, room and board, and other expenses incurred in connection with the attendance of a minor child at any private grammar, secondary, industrial arts or trade school, or at any college or university, whether or not the college or university is a private institution or is maintained by a state or any subdivision thereof. The power of the family court under sections 580-47 and 580-74 to compel the parties to a divorce or separation to provide for the education of a minor or an adult child shall not be limited by any provision of this subsection."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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