Bill Text: HI HB1395 | 2021 | Regular Session | Introduced
Bill Title: Relating To Children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-01 - Referred to CMV, JHA, FIN, referral sheet 3 [HB1395 Detail]
Download: Hawaii-2021-HB1395-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1395 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature finds that a growing prison population has raised
serious concerns regarding the collateral effects of incarceration on the
children and families of incarcerated persons and the communities from which
they came. According to the federal Bureau of Justice Statistics' most
recent study on incarcerated parents in the United States, more than 1,700,000
minors, representing 2.3 per cent of the population, have at least one
incarcerated parent.
The legislature further finds that the incarceration of a parent is a traumatic
event for children. Studies show that a substantial number of
incarcerated parents were deeply involved in their children's lives before
imprisonment by providing daily care, as well as financial and emotional support.
Studies also show that the incarceration of a parent is likely to result in
unstable family relationships, poor academic performance, financial
instability, material hardship, and social stigma.
Providing social services and programs for children who have a parent in the
prison system supports the children's emotional and behavioral
well-being. Furthermore, providing support to incarcerated parents and
their children preserves and strengthens family connections, which yield
positive societal benefits in the form of reduced recidivism, less intergenerational
criminal justice system involvement, and improved healthy child development.
The purpose of this Act is to appropriate funds for programs and services for
children of incarcerated parents and to assist with family reunification.
SECTION 2. There is appropriated out of the general revenues of the State
of Hawaii the sum of $ or so
much thereof as may be necessary for fiscal year 2021-2022 for funding programs
and services for children of incarcerated parents and assisting with family
reunification.
The sum appropriated shall be expended by the department of public safety for
the purposes of this Act.
SECTION 3. Section 571-46, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In actions
for divorce, separation, annulment, separate maintenance, or any other
proceeding where there is at issue a dispute as to the custody of a minor
child, the court, during the pendency of the action, at the final hearing, or
any time during the minority of the child, may make an order for the custody of
the minor child as may seem necessary or proper. In awarding the custody,
the court shall be guided by the following standards, considerations, and procedures[:]
in the best interests of the child:
(1) [Custody] Where
the parents are unable to agree and unless the court finds that it is not in
the best interests of the child, based upon clear and convincing evidence,
custody should be awarded to [either parent or to] ensure the
inclusion of both parents [according to the best interests] in
the raising of the child[, and the court also may consider frequent,
continuing,] and equal continuing physical, emotional, and
meaningful contact [of each parent with the child unless the court finds
that a parent is unable to act in the best interest of the child;] with
both parents;"
SECTION 4. This Act shall take effect on July 1, 2050.
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INTRODUCED BY: |
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Report Title:
Incarcerated Parents; Children; Programs and Services; Appropriation; Best Interest of the Child
Description:
Makes an appropriation to the department of public safety for programs and services for children of incarcerated parents and to assist with family reunification. Requires parental parity in divorce actions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
