Bill Text: HI SB2311 | 2016 | Regular Session | Amended
Bill Title: Domestic Abuse; Department of Human Services; Family Court; Report
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2016-02-18 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB2311 Detail]
Download: Hawaii-2016-SB2311-Amended.html
|
THE SENATE |
S.B. NO. |
2311 |
|
TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO DOMESTIC VIOLENCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to repeal section 586-10.5, Hawaii Revised Statutes, which requires the family courts to report to the department of human services in each case where a temporary restraining order is sought for the alleged abuse of a family or household member who is a minor or incapacitated person. Section 586-10.5, Hawaii Revised Statutes, also, among other things, requires the department to investigate each allegation of domestic violence and submit a written report to the family courts in advance of the hearing on the temporary restraining order.
The legislature finds that section 350-1.1(a)(4) and (b), Hawaii Revised Statutes, already requires employees or officers of any law enforcement agency, including the courts, to immediately report to the department of human services all cases where they have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future.
The legislature further finds that section 346-224(a)(3), Hawaii Revised Statutes, requires employees or officers of any law enforcement agency, including the courts, to promptly report to the department of human services all cases where they have reason to believe that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken.
Best practices suggest that families experiencing domestic violence should have access to protective orders and other domestic services without fear that they will automatically be referred for investigation by child welfare or adult protective services.
Allowing the courts to exercise discretion as provided by section 350-1.1(a)(4) and (b) and section 346-224(a)(3), Hawaii Revised Statutes, permits the courts to direct families to appropriate services to meet their individual needs, does not discourage parents or family members from seeking a protective order, and does not unnecessarily overburden an already overworked child welfare or adult protective services system.
The legislature finds that the mandatory reporting requirements as set forth by section 586-10.5, Hawaii Revised Statutes, are unnecessary in all cases where there are allegations of domestic abuse involving a family or household member who is a minor or incapacitated person.
SECTION 2. Section 586-10.5, Hawaii Revised Statutes, is amended to read as follows:
"§586-10.5
Reports by the department of human services[; court responsibilities]. In cases where there are allegations of domestic
abuse involving a family or household member who is a minor or an incapacitated
person as defined in section 560:5-102, the employee or appropriate nonjudicial
agency designated by the family court to assist the petitioner shall report the
matter to the department of human services[,] only as required
under chapters 350 and 587A[,] and section 346-224 and shall
further notify the department of the granting of the temporary restraining
order and of the hearing date. [The] If ordered by the court, the
department of human services shall provide the family court with a written
report of the investigation's progress or on the disposition of the
referral[. The court shall file the report and mail it to the petitioner
and respondent at least two working days before the hearing date, if possible.
If circumstances prevent the mailing of the report as required in this
section, the court shall provide copies of the report to the petitioner and
respondent at the hearing. The report shall be noted in the order dismissing
the petition or granting the restraining order.] on or before the
hearing date or any subsequent hearing date. If the department chooses to
provide a written report, the department need not be at the hearing unless
ordered by the court. The court shall provide copies of all written reports to
the parties."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Domestic Abuse; Department of Human Services; Family Court; Report
Description:
Clarifies reporting responsibilities of the family courts and the department of human services in cases where temporary restraining orders are sought for alleged domestic abuse involving a family or household member who is a minor or incapacitated person. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
