Bill Text: HI HCR81 | 2010 | Regular Session | Amended

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Bill Title: Family Courts; Family Violence; Audit

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-10 - (H) Report adopted; referred to the committee(s) on JUD with none voting no and Representative(s) Bertram, Tokioka, Wakai, Ward excused. [HCR81 Detail]

Download: Hawaii-2010-HCR81-Amended.html

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STAND. COM. REP. NO.  683-10

 

Honolulu, Hawaii

                , 2010

 

RE:   H.C.R. No. 81

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred H.C.R. No. 81 entitled:

 

"HOUSE CONCURRENT RESOLUTION REQUESTING AN AUDIT OF CHILD CUSTODY PROCEEDINGS INVOLVING THE COMMISSION OF FAMILY VIOLENCE BY A PARENT, TO ASSESS THE USE AND APPLICATION OF SECTION 571-46, HAWAII REVISED STATUTES,"

 

begs leave to report as follows:

 

     The purpose of this concurrent resolution is to request an audit of the child custody proceedings involving the Commission of Family Violence by a Parent, to assess the use and application of Section 571-46, Hawaii Revised Statues.

 

     Testimony in support of this concurrent resolution was submitted by the Angel Group, Hawaii Children's Rights Council, and two concerned individuals.

 

     The Hawaii State Bar Association testified in opposition to this concurrent resolution.

 

     Comments were offered by the Hawaii State Judiciary.

 

     Your Committee recognizes that domestic violence can take many forms, but the most damaging form is psychological abuse.  This form of domestic violence rarely, if ever, shows any traces of evidence of its occurrence.  It is also noted that victims of domestic violence are encouraged to end abusive relationships.  But, as a consequence of the termination of those kinds of relationships, both child custody and visitation rights frequently become disputed issues.  This litigation of child custody and visitation disputes often provide an ongoing means for the perpetrators to continue their abuse.

 

     Accordingly, Your Committee notes that section 571-46(a)(9)-(14), Hawaii Revised Statutes addresses the problems of family violence in child custody disputes.  It has also come to Your Committee's attention that Family Court judges may not be correctly applying, using, or enforcing Section 571-46(a)(9)-(14), Hawaii Revised Statutes.

 

     Therefore, Your Committee recommends that the State Auditor undertake an audit of all child custody proceedings, as stated in this concurrent resolution.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 81 and recommends that it be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

 

		____________________________ JOHN M. MIZUNO, Chair