Bill Text: HI SB484 | 2024 | Regular Session | Introduced
Bill Title: Relating To Parentage.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB484 Detail]
Download: Hawaii-2024-SB484-Introduced.html
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A BILL FOR AN ACT
RELATING TO parentage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 2. The Hawaii Revised
Statutes is amended by adding a new chapter to title 31 to be appropriately
designated and to read as follows:
"CHAPTER
UNIFORM
PARENTAGE ACT
PART
I. GENERAL PROVISIONS
§ -1 Short title. This chapter may be cited as the Uniform Parentage Act.
§ -2 Definitions. In this chapter:
"Acknowledged
parent" means an individual who has established a parent-child
relationship under part III or IV.
"Adjudicated parent"
means an individual who has been adjudicated to be a parent of a child by a
court with jurisdiction.
"Alleged genetic
parent" means an individual who is alleged to be, or alleges that the
individual is, a genetic parent or possible genetic parent of a child whose
parentage has not been adjudicated. The
term does not include a presumed parent; an individual whose parental rights
have been terminated or declared not to exist; or a donor.
"Birth"
includes stillbirth.
"Birthing center" means any facility outside a hospital that provides maternity services.
"Birthing hospital" means any hospital with licensed obstetric-care units, any hospital licensed to provide obstetric services, or any licensed birthing center associated with a hospital.
"Child" means an individual of any age whose parentage
may be determined under this chapter.
"Child support
enforcement agency" means the state agency created pursuant to chapter
576D.
"Combined relationship index" means the product of all tested relationship indices.
"De facto parent"
means an individual who meets the criteria set out in section -63(d).
"Determination of
parentage" means establishment of a parent-child relationship by a
judicial or administrative proceeding or signing of a valid acknowledgment of
parentage under part IV.
"Ethnic or racial group" means for the purpose of genetic testing, a recognized group that an individual identifies as the individual's ancestry or part of the ancestry or that is identified by other information.
"Facility" means a birthing hospital or a birthing center.
"Genetic parent"
means an individual whose relationship to a child has been determined by
genetic testing.
"Genetic testing"
means an analysis of genetic markers to identify or exclude a genetic
relationship.
"Hypothesized
genetic relationship" means an asserted
genetic relationship between an
individual and a child.
"Individual"
means a natural person of any age.
"Parent" means
an individual who has established a parent‑child relationship under
section -31.
"Parentage" or
"parent-child relationship" means the legal relationship between a
child and a parent of the child.
"Presumed parent"
means an individual who under section -33 is presumed to be a
parent of a child unless the presumption is overcome in a judicial proceeding,
or a court adjudicates the individual to be a parent.
"Probability
of parentage" means, for the ethnic or racial group to which an individual
alleged to be a parent belongs, the probability that a hypothesized genetic
relationship is supported, compared to the probability that a genetic
relationship is supported between the child and a random individual of the
ethnic or racial group used in the hypothesized genetic relationship, expressed
as a percentage incorporating the combined relationship index and a prior
probability.
"Relationship
index" means a likelihood ratio that compares the probability of a genetic
marker given a hypothesized genetic relationship and the probability of the
genetic marker given a genetic relationship between the child and a random
individual of the ethnic or racial group used in the hypothesized genetic
relationship.
"Signatory"
means an individual who signs a record.
"Witnessed"
means that at least one individual who is authorized to sign has signed a
record to verify that the individual personally observed a signatory sign the
record.
PART
II. JURISDICTION
§ -21 Jurisdiction; venue. (a) Without limiting the jurisdiction of any other court, the family court has jurisdiction over an action brought under this chapter, chapter 583A, or chapter 576B. The action may be joined with an action for divorce, annulment, separate maintenance, or support.
(b) An individual who has sexual intercourse in
this State thereby submits to the jurisdiction of the courts of this State as
to an action brought under this chapter with respect to a child who may have
been conceived by that act of intercourse, regardless of where the child is born. A court of this State with jurisdiction to
adjudicate parentage may exercise personal jurisdiction over a nonresident
individual, or a guardian or conservator of the individual, if the conditions
prescribed in section 576B-201 are satisfied.
In addition to any other method provided by statute, personal
jurisdiction over a resident and nonresident individual may be acquired by
personal service within or outside this State or by service by certified or
registered mail, postage prepaid, with return receipt requested.
(c)
In addition to any other method of service provided by statute or court
rule, if the respondent is not found within the circuit, service may be
effectuated by registered or certified mail, with request for a return receipt
and direction to deliver to addressee only.
The return receipt signed by the respondent shall be prima facie
evidence that the respondent accepted delivery of the complaint and summons on
the date set forth on the receipt. For
service effectuated by registered or certified mail, an electronic copy or
facsimile of the signature of the served individual or certified mailers
provided by the United States Postal Service shall constitute valid proof of
service on the individual. Actual
receipt by the respondent of the complaint and summons sent by registered or
certified mail shall be the equivalent to personal service on the respondent by
an authorized process server as of the date of the receipt.
(d) If it appears that the respondent has refused
to accept service by registered or certified mail or is concealing oneself or
evading service, or the petitioner does not know the address or residence of
the respondent and has not been able to ascertain the same after reasonable and
due inquiry and search, the court may authorize notice of the parentage action
and the time and date of hearing by publication or by any other manner that is
reasonably calculated to give the party actual notice of proceedings and an
opportunity to be heard, including the following:
(1) When publication is authorized, the summons shall be published once a week for four consecutive weeks in a publication of general circulation in the circuit. The publication of general circulation shall be designated by the court in the order for publication of the summons. Notice by publication shall have the same force and effect as the individual having been personally served with the summons; provided that the date of the last publication shall be set not less than twenty-one days prior to the return date stated in the summons. Proof of service shall be satisfied by an affidavit or declaration by the authorized representative for the publication that the notice was given in the manner prescribed by the court;
(2) When
posting to an online publication website is authorized, proof of service shall
be satisfied by an affidavit or declaration by the authorized representative
for the publication that the notice was given in the manner prescribed by the
court;
(3) When
service by electronic mail or posting to a social networking account is
authorized, proof of service shall be satisfied by an affidavit or declaration
by the process server that the notice was given in the manner prescribed by the
court; and
(4) When
service is made by posting to a public bulletin board, proof of service shall
be satisfied by an affidavit or declaration by the process server that the
notice was given in the manner prescribed by the court.
(e) The action may be brought in the county in
which:
(1) The child resides;
(2) Either parent of the child resides;
(3) The child was born; or
(4) Any probate proceedings have been or
could be commenced for the estate of a deceased parent of the child.
§ -22 Parentage determinations from other states and territories. Parentage determinations from other states and territories, whether established through voluntary acknowledgement or through administrative or judicial processes, shall be treated the same as a parentage adjudication in this State. A determination addressing parentage only in another state does not preclude a court in this State from addressing other related issues.
§ -23 Who
may bring action; when action may be brought; process, warrant, bond. (a) A
child or guardian ad litem of the child, an individual who is the child's
parent under this chapter, an individual whose parentage of the child is to be
adjudicated, a personal representative of a deceased parent of the child, the
personal representative of a deceased individual who otherwise would be
entitled to maintain a proceeding, or the child support enforcement agency may
bring an action for the purpose of declaring the existence or nonexistence of a
parent‑child relationship in accordance
with the following:
(1) If the child is the subject of an adoption
proceeding, action may be brought:
(A) Within thirty days after the date of the child's
birth in any case when a parent relinquishes the child for adoption during the
thirty-day period; or
(B) Any time prior to the date of execution by a
parent of a valid consent to the child's adoption, or prior to placement of the
child with adoptive parents;
(2) If the child has not become the subject of an adoption proceeding, within three years after the child reaches the age of majority or any time after that for good cause; provided that any period of time during which the individual whose parentage is to be adjudicated is absent from the State or is openly cohabitating with a parent of the child or is contributing to the support of the child, shall not be computed;
(3) This section shall not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise; and
(4) A personal representative in this section may be appointed by the court upon a filing of an ex parte motion by one of the parties entitled to file a parentage action. Probate requirements need not be met. However, appointment of the personal representative in this section is limited to representation in proceedings under this chapter.
(b) When an action is brought under this section, process shall issue in the form of a summons and an order directed to the individual whose parentage of the child is to be adjudicated, requiring each to appear and to show cause why the action should not be brought.
If, at any stage of the proceedings, there
appears probable cause to believe that the individual whose parentage is to be
adjudicated will fail to appear in response thereto or will flee the
jurisdiction of the court, the court may issue a warrant directed to the
sheriff, deputy sheriff, or any police officer within the circuit, requiring
the individual to be arrested and brought for pre-trial proceedings before the
family court. Upon the pre-trial
proceedings, the court may require the individual to enter into bond with good
sureties to the State in a sum to be fixed by the court for each individual's
appearance and the trial of the proceeding in the family court. If the individual whose parentage is to be
adjudicated fails to give the bond required, the court may immediately commit
that individual to the custody of the chief of police of the county, there to
remain until that individual enters into the required bond or otherwise is
discharged by due process of law. If the
individual whose parentage is to be adjudicated fails to appear in any
proceeding under this chapter, any bond for that individual's appearance in any
proceeding under this chapter shall be forfeited; but the trial of, or other
proceedings in, the action shall proceed as though that individual were present
and the court shall make such orders as it deems proper upon the findings as
though that individual were in court.
In case of forfeiture of any appearance
bond, the money collected upon the forfeiture shall be applied in payment of
the judgment against the individual if they are adjudicated to be a parent
under this chapter.
(c)
Regardless of its terms, an agreement, other than an agreement approved
by the court in accordance with section ‑51(a)(2),
between a parent and the individual whose parentage is to be adjudicated shall
not bar an action under this section.
(d)
If an action under this section is brought before the birth of the
child, all proceedings shall be stayed until after the birth, except service of
process and the taking of depositions to perpetuate testimony.
(e)
Subject to the requirements of section -33(a), where a
married individual has not had sexual contact with their spouse nor resided in
the same house with the spouse for at least three hundred days prior to the
birth of the child and the spouse cannot be contacted after due diligence, the
court may accept an affidavit by the married individual, attesting to their
diligent efforts to contact their spouse and providing clear and convincing
evidence to rebut the presumption of the parentage of the subject child, and
upon the court's satisfaction, notice of the spouse may be waived and the
spouse need not be made a party in the parentage proceedings. The court, after receiving evidence, may also
enter a finding of non-parentage of the spouse.
(f)
Where a married individual has not had sexual contact with their spouse
nor resided in the same house with the spouse for at least three hundred days
prior to the birth of the child, and the biological parent is known, parentage
in the married spouse may be disestablished by submission of affidavits of both
spouses and the biological parent stating the name and birthdate of the child
and an acknowledgement that the spouse is not the parent and that the
biological parent should be adjudicated as the legal parent.
PART
III. PARENT-CHILD RELATIONSHIP
§ -31 Establishment of parent-child relationship. A parent-child relationship is established between an individual and a child if:
(1) The individual gives birth to the child;
(2) There is a presumption under section
-33 of the individual's parentage of the child, unless the
presumption is overcome in a judicial proceeding;
(3) The individual is adjudicated a parent of the child under
part V;
(4) The individual adopts the child; or
(5) The individual acknowledges parentage of the
child under part IV, unless the acknowledgment is rescinded under section
-43(d) or successfully challenged under part IV or V.
§ -32 Relationship not dependent on marriage. A parent‑child relationship extends equally to every child and parent, regardless of the marital status of the parent.
§ -33 Presumption of parentage. (a)
An individual is presumed to be a
parent of a child if:
(1) Except as otherwise provided under the law of
this State other than this chapter:
(A) The individual and the individual who gave birth to the child are married to each other and the child is born during the marriage, regardless of whether the marriage is or could be declared invalid and regardless of the sex of the individuals;
(B) The individual and the individual who gave
birth to the child were married to each other and the child is born not later
than three hundred days after the marriage is
terminated by death, divorce, annulment, or after a decree of separation, regardless of whether the marriage is
or could be declared invalid; or
(C) The
individual and the individual who gave birth to the child married each other after the birth of the child,
regardless of whether the marriage is or could be declared invalid, the individual
at any time asserted parentage of the child,
and:
(i) The assertion is in a record filed with the
department of health; or
(ii) The individual agreed to be and is named as a
parent of the child on the birth certificate of the child;
(2) The individual resided in the same household
with the child prior to the child reaching the age of majority, including any
period of temporary absence, and openly held out the child as the individual's child; or
(3) The individual is deemed a genetic parent
pursuant to section -61.
(b) A presumption under this section may be
rebutted in an appropriate action only by clear and convincing
evidence.
PART IV.
VOLUNTARY ESTABLISHMENT OF PARENTAGE
§ -41
Acknowledgment of parentage. An individual who gave
birth to a child and an alleged genetic parent of the child may sign an
acknowledgment of parentage to establish the parentage of the child.
§ -42 Execution of acknowledgment of parentage. (a) An acknowledgment of parentage under section -41 shall:
(1) Be in a record signed by the individual who gave birth to the child and by the individual seeking to establish a parent-child relationship, and the signatures must be attested by a notarial officer or witnessed;
(2) State
that the child whose parentage is being acknowledged:
(A) Does not have a presumed parent other than the individual seeking to establish the parent-child relationship; and
(B) Does
not have another acknowledged parent or adjudicated parent; and
(3) State
that the signatories understand that the acknowledgment is the equivalent of an
adjudication of parentage of the child and that a challenge to the
acknowledgment is permitted only under limited circumstances and is barred two
years after the effective date of the acknowledgment, unless good cause is
shown.
(b) An acknowledgment of parentage is void if, at the time of signing:
(1) An individual other than the individual seeking to establish parentage is a presumed parent, or
(2) An
individual, other than the individual who gave birth to the child or the
individual seeking to establish parentage, is an acknowledged or adjudicated
parent.
§ -43 Expedited
process of parentage. (a) To expedite the establishment of parentage,
each public and private birthing hospital or center, the child support
enforcement agency, and the department of health shall provide parents the
opportunity to voluntarily acknowledge the parentage of a child during the
period immediately prior to or following the child's birth. The voluntary acknowledgment of parentage
shall be in writing and shall consist of a single form signed under oath, or
electronic version as allowed by statute, by the individual who gave birth to
the child and the individual seeking to establish a parent‑child relationship
and signed by a witness. The voluntary
acknowledgment of parentage form shall include the social security number of
each signatory. Prior to the signing of
the voluntary acknowledgment of parentage form, designated staff members of the facilities shall
provide to both the individual who gave birth to the child and the other
signatory, if either are present at the facility:
(1) Written materials regarding parentage
establishment;
(2) Forms necessary to voluntarily acknowledge
parentage;
(3) Oral, video, or audio, and written
descriptions of the alternatives to the legal consequences of, and the rights
and responsibilities of acknowledging parentage, including, if one parent is a
minor, any right afforded due to minority status; and
(4) The opportunity to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about parentage establishment.
The completed voluntary acknowledgment forms shall clearly identify the name and position of the staff member who provides information to the parents regarding parentage establishment. The provision by designated staff members of the facility of the information required by this section shall not constitute the unauthorized practice of law. Each facility shall send to the department of health the original acknowledgment of parentage or an electronic version as allowed by statute, containing the social security numbers, dates of birth, places of birth, and ethnic backgrounds, if available, of both signatories, with the information required by the department of health so that the birth certificate issued includes the names of the signatories, which shall be promptly recorded by the department of health.
(b) The child support enforcement agency shall:
(1) Provide to any individual or facility the necessary:
(A) Materials and forms and a written description of the rights and responsibilities related to voluntary acknowledgment of parentage; and
(B) Training, guidance, and written instructions regarding voluntary acknowledgment of parentage;
(2) Annually assess each facility's parentage establishment program; and
(3) Determine if a voluntary acknowledgment has been filed with the department of health whenever it receives an application for parentage establishment services.
(c) Notwithstanding sections 338-17.7 and 338-18(b), the department of health shall disclose to the child support enforcement agency, upon request, all voluntary acknowledgment of parentage forms on file with the department of health.
(d) The signed voluntary acknowledgment of parentage shall constitute a legal finding of parentage, subject to the right of any signatory to rescind the acknowledgment:
(1) Within sixty days of signature; or
(2) Before the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order to which the signatory is a party, whichever is sooner.
(e) Following the sixty-day period referred to in subsection (d), a signed voluntary acknowledgment of parentage may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the challenger. The legal responsibilities of any signatory arising from the acknowledgment, including child support obligations, shall not be suspended during the challenge, except for good cause shown.
(f) The courts and office of child support hearings of this State shall give full faith and credit to affidavits for the voluntary acknowledgment of parentage signed in any other state and these affidavits shall constitute legal findings of parentage subject to subsections (d) and (e).
(g) Judicial and administrative proceedings shall not be required or permitted to ratify an unchallenged acknowledgment of parentage. A voluntary, written acknowledgment of parentage signed by the individuals and filed with the department of health shall be the basis for establishing and enforcing a support obligation through a judicial or administrative proceeding.
PART
V. PROCEEDING TO ADJUDICATE PARENTAGE
§ -51
Pretrial recommendations.
(a) On the basis of the
information produced at the pretrial hearing, the judge conducting the hearing
shall evaluate the probability of determining the existence or nonexistence of
the parent-child relationship in a trial and whether a judicial declaration of
the relationship would be in the best interest of the child pursuant to section
571-46. On the basis of the evaluation,
an appropriate recommendation for settlement shall be made to the parties,
which may include any of the following:
(1) That the action be dismissed with or without prejudice;
(2) That the matter be compromised by an agreement among the parent and the individual who is seeking to have their parentage adjudicated, and the child, in which the individual seeking to be adjudicated to be a parent is not adjudicated to be a parent but in which a defined economic obligation is undertaken by the alleged parent in favor of the child and, if appropriate, in favor of the parent, subject to approval by the judge conducting the hearing. In reviewing the obligation undertaken by the individual whose parentage is to be adjudicated in a compromise agreement, the judge conducting the hearing shall consider the best interest of the child, in light of the factors enumerated in section 576D-7, discounted by the improbability, as it appears to the judge, of establishing the parentage or nonparentage of the individual whose parentage is to be adjudicated in a trial of the action; or
(3) That the alleged parent voluntarily acknowledges parentage of the child.
(b) If the parties accept a recommendation made in accordance with subsection (a), judgment shall be entered accordingly.
(c) If a party refuses to accept the final recommendation made under subsection (a) and genetic tests have not been taken, if practicable, the court may order the parties to submit to genetic tests. Thereafter the judge shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action shall be set for trial.
(d) The guardian ad litem may accept or refuse to accept a recommendation under this section.
(e) The informal hearing may be terminated and the action set for trial if the judge conducting the hearing finds it unlikely that all parties would accept a recommendation the judge might make under subsection (a) or (c).
§ -52 Civil action. (a) An action under this chapter shall be a civil action governed by the Hawaii rules of civil procedure or the Hawaii family court rules. The individual who gave birth to the child and the alleged parent shall be competent to testify and may be compelled to testify; provided that no criminal prosecution, other than a prosecution for perjury, shall afterwards be commenced against the individual who gave birth to the child or the individual whose parentage is to be adjudicated on account of any transaction, matter, or thing concerning which they may testify or produce evidence under this chapter, documentary or otherwise. Part VII shall apply in any action brought under this chapter.
(b) Testimony relating to sexual access to the individual who gave birth to the child by an unidentified individual at any time or by an identified individual at a time other than the probable time of conception of the child shall be inadmissible in evidence, unless offered by the individual who gave birth to the child.
(c) In an action against an individual whose parentage is to be adjudicated, evidence offered by the individual whose parentage is to be adjudicated with respect to an individual who is not subject to the jurisdiction of the court concerning sexual intercourse with the individual who gave birth to the child at or about the probable time of conception of the child shall be admissible in evidence only if the individual offering the evidence has undergone and made available to the court genetic tests, including genetic tests the results of which do not exclude the possibility of the individual's parentage of the child.
§ -53 Action to declare parent-child relationship. Any interested party may bring an action to determine the existence or nonexistence of a parent-child relationship.
§ -54 Judgment or order. (a) The judgment or order of the court determining the existence or nonexistence of the parent-child relationship shall be determinative for all purposes.
(b) If the judgment or order of the court is at variance with the child's birth certificate, the court shall order that a new birth certificate be issued under -59.5.
(c) The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. Upon neglect or refusal to give this security, or upon default of a parent or a parent's surety in compliance with the terms of the judgment, the court may order the forfeiture of any such security and the application of the proceeds thereof toward the payment of any sums due under the terms of the judgment and may also sequester a parent's personal estate, and the rents and profits of a parent's real estate, and may appoint a receiver thereof, and may cause a parent's personal estate, including any salaries, wages, commissions, or other moneys owed to them and the rents and profits of the parent's real estate, to be applied toward the meeting of the terms of the judgment, to the extent that the court, from time to time, deems just and reasonable. The judgment or order may direct a parent to pay the reasonable expenses of the pregnancy and confinement, including but not limited to medical insurance premiums, such as for MedQuest, that cover the periods of pregnancy, childbirth, and confinement. The court may further order the noncustodial parent to reimburse the custodial parent, the child, or any public agency for reasonable expenses incurred prior to entry of judgment, including support, maintenance, education, and funeral expenses expended for the benefit of the child.
(d) Support judgments or orders ordinarily shall be for periodic payments that may vary in amount. In the best interest of the child, a lump sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support. The court may limit the obligor parent's liability for past support of the child to the proportion of the expenses already incurred that the court deems just.
(e) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall use the guidelines established section 576D‑7. Provision may be made for the support, maintenance, and education of an adult or minor child and an incompetent adult child, whether or not the petition is made before or after the child has attained the age of majority.
(f) Whenever a parent of a child is a minor, unmarried, and not able to provide full support, the court may order one or both parents of the minor to support the child until the minor reaches the age of majority, is otherwise emancipated, or is financially able to fully support the child, whichever occurs first. For this purpose:
(1) The judgment or order for support shall be made against the parent or parents of the minor to the extent that the minor is unable to support the child;
(2) The resources, standard of living, and earning ability of the parent or parents of the minor shall be considered under subsection (e) in determining the amount of support; and
(3) The parent or parents of the minor shall be an obligor under this chapter and chapter 571 and any action against the obligor to collect support may be pursued against the parent or parents of the minor.
§ -55 Costs. The court may order reasonable fees of counsel, experts, and the child's guardian ad litem, and other costs of the action and pretrial proceedings, including genetic tests, subject to section -75, to be paid by the parties in proportions and at times determined by the court.
§ -56 Enforcement of judgment or order. (a) If existence of the parent-child relationship is declared, or parentage or a duty of support has been acknowledged or adjudicated under this chapter or under prior law, the obligation of a parent may be enforced in the same or other proceedings by the other parent, the child, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other individual, including a private agency, to the extent the individual has furnished or is furnishing these expenses.
(b) The court may order support payments to be made to a parent or an adult child, or through the child support enforcement agency as its rules permit, or through an individual, corporation, or agency designated to administer support payments for the benefit of the child under the supervision of the court.
(c) Wilful failure to obey the judgment or order of the court shall be a civil contempt of the court. All remedies for the enforcement of judgments shall apply to this chapter. When a court of competent jurisdiction issues an order compelling a parent to furnish support, including child support, medical support, or other remedial care, for the parent's child, it shall constitute prima facie evidence of a civil contempt of court upon proof that:
(1) The order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced; and
(2) The parent did not comply with the order. An order of civil contempt of court based on prima facie evidence under this subsection shall clearly state that the failure to comply with the order of civil contempt of court may subject the parent to a penalty that may include imprisonment or, if imprisonment is immediately ordered, the conditions that must be met for release from imprisonment. A party may also prove civil contempt of court by means other than prima facie evidence under this subsection.
§ -57 Modification of judgment or order. (a) The court shall have continuing jurisdiction to modify or revoke a judgment or order:
(1) For future education and support; and
(2) With respect to matters listed in section -54(c) and (d) and section -56(b), except that a court entering a judgment or order for the payment of a lump sum or the purchase of an annuity under section 54(d) may specify that the judgment or order shall not be modified or revoked.
(b) In those cases where child support payments are to continue due to the adult child's pursuance of education, the child support enforcement agency, at least three months prior to the adult child's nineteenth birthday, shall send notice by regular mail to the adult child and the custodial parent that prospective child support will be suspended unless proof is provided by the custodial parent or adult child, to the child support enforcement agency, prior to the child's nineteenth birthday, that the child is presently enrolled as a full-time student in school or has been accepted into and plans to attend as a full-time student for the next semester a post-high school university, college, or vocational school. If the custodial parent or adult child fails to do so, prospective child support payments may be automatically suspended by the child support enforcement agency, hearings officer, or court. In addition, if applicable, the child support enforcement agency, hearings officer, or court may issue an order terminating existing assignments against the responsible parent's income and income assignment orders.
(c) The need to provide for the child's health care needs through health insurance or other means shall be a basis for petitioning for a modification of the support order.
§ -58
Hearings and records; confidentiality. (a)
Notwithstanding any other law concerning public hearings and records, any
hearing or trial held under this chapter shall be held in closed court without
admittance of any individual other than those individuals necessary to the
action or proceeding. All papers and records pertaining to the action or
proceeding, whether part of the permanent record of the court or of a file in
the department of health or elsewhere, shall be subject to inspection only upon
consent of the court and all interested individuals, or in exceptional cases
only upon an order of the court for good cause shown.
(b) Upon
parentage being established, the confidentiality requirement
shall not extend to the judgment and all subsequently filed documents that are
used in good faith for support and medical expenses, insurance, or enforcement
purposes, except that the confidentiality requirement shall continue to apply
to any references to a non-adjudicated alleged or presumed parent.
(c) Subsections (a) and (b) shall only apply to cases filed before January 1, 2021.
§ -59
Court filings; minutes of proceedings; posting requirement. The judiciary shall post on its website the
titles of all court filings and the minutes of court proceedings in cases
brought under this chapter; provided that the judiciary shall redact
information that has been made confidential by any statute, rule of court, or
court order; and provided further that, on request of a party and for good
cause, the court may close a proceeding and records to the public except that
the titles of all court filings for the case and the contents of a final order
shall be available for public inspection, with other papers and records
available for public inspection only with the consent of the parties or by
court order.
§ -59.5 Birth records. (a) Upon order of a court of this State or upon request or order of a court of another state, or following acknowledgment as provided in section -41, the department of health shall prepare a new certificate of birth consistent with the findings of the court or in cases of acknowledgment under section -41, consistent with the acknowledgment, and shall substitute the new certificate for the original certificate of birth.
(b) The fact that a parent-child relationship was declared or acknowledged after the child's birth shall not be ascertainable from the new certificate but the actual place and date of birth shall be shown.
(c) The evidence upon which the new certificate was made and the original birth certificate shall be kept in a sealed and confidential file and be subject to inspection only upon consent of the court and all interested individuals, or in exceptional cases only upon an order of the court for good cause shown.
§ -59.6 Parentage judgment, acknowledgment, support
order; social security number. The
social security number of any individual who is subject to a parentage judgment
or acknowledgment, or a support order issued under this chapter, shall be
placed in the records relating to the matter in compliance with any other court
rule or law.
§ -59.7 Filing of acknowledgments and adjudications with department of health. All voluntary acknowledgments and adjudications of parentage by judicial process shall be filed with the department of health for comparison with information in the state case registry. Filing of the adjudications of parentage shall be the responsibility of the natural parent or an individual or agency as the court shall direct.
PART
VI. SPECIAL RULES FOR PROCEEDINGS
TO
ADJUDICATE PARENTAGE
§ -61
Adjudicating parentage of child with alleged genetic parent. (a) A proceeding to determine whether an alleged
genetic parent who is not a presumed
parent is a parent of a child may be commenced:
(1) Within three years after the child reaches the
age of majority; or
(2) After the child becomes an adult, but only if
the child initiates the proceeding.
(b) Except as otherwise provided by law, this
subsection shall apply in a proceeding described in subsection (a) if the
individual who gave birth to the child is the only other individual with a
claim to parentage of the child. The
court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent:
(1) Is identified under section
-75 as a genetic parent of the child and the identification
is not successfully challenged under section
-75;
(2) Admits parentage in a pleading, when making an
appearance, or during a hearing; the court accepts the admission; and the court
determines the alleged genetic parent to be a parent of the child;
(3) Declines to submit to genetic testing ordered
by the court or the child support enforcement agency, in which case the court
may adjudicate the alleged genetic parent to be a parent of the child even if
the alleged genetic parent denies a genetic relationship with the child;
(4) Is in default after service of process and the
court determines the alleged genetic parent to be a parent of the child; or
(5) Is neither identified nor excluded as a
genetic parent by genetic testing and, based on other evidence, the court
determines the alleged genetic parent to be a parent of the child.
(c) If in a proceeding involving an alleged
genetic parent at least one other individual in addition to the individual who
gave birth to the child has a claim to parentage of the child, the court shall adjudicate parentage under
section -66.
§ -62 Adjudicating parentage of child with presumed
parent. (a) A proceeding to determine whether a presumed
parent is a parent of a child may be commenced:
(1) Within three years after the child reaches the
age of majority; or
(2) After the child becomes an adult, but only if
the child initiates the proceeding.
(b) A presumption of parentage under section
-33 cannot be overcome after the child attains two years of
age unless the court determines:
(1) The presumed parent is not a genetic parent,
never resided with the child, and
never held out the child as the presumed parent's child; or
(2) The child has more than one presumed parent.
(c) Except as otherwise provided by law, the
following rules shall apply in a proceeding to adjudicate a presumed parent's
parentage of a child if the individual who gave birth to the child is the only other individual with a claim to
parentage of the child:
(1) If no party to the proceeding challenges the
presumed parent's parentage of the child, the court shall adjudicate the
presumed parent to be a parent of the child;
(2) If the presumed parent is identified under
section ‑75 as a genetic parent of the child and that
identification is not successfully challenged under section
-75, the court shall
adjudicate the presumed parent to be a parent of the child; and
(3) If the presumed parent is not identified under
section -75 as a genetic parent of the child and the presumed
parent or the individual who gave birth to the child challenges the presumed
parent's parentage of the child, the court shall adjudicate the parentage of
the child in the best interest of the child based on the factors under section
-66(a) and (b).
(d) If in a proceeding to adjudicate a presumed
parent's parentage of a child, another individual in addition to the individual
who gave birth to the child asserts a claim to parentage of the child, the
court shall adjudicate parentage under section
-66.
§ -63 Adjudicating claim of de facto parentage of
child. (a) A proceeding to establish parentage of a
child under this section may be commenced only by an individual who:
(1) Is alive when the proceeding is commenced; and
(2) Claims to be a de facto parent of the child.
(b) An individual who claims to be a de facto
parent of a child must commence a proceeding to establish parentage of a child
under this section:
(1) Before the child attains eighteen years of
age; and
(2) While the child is alive.
(c) The following rules shall govern standing of
an individual who claims to be a de facto parent of a child to maintain a
proceeding under this section:
(1) The individual must file an initial verified
pleading alleging specific facts that support the claim to parentage of the
child asserted under this section. The
verified pleading must be served on
all parents and legal guardians of the child and any other party to the proceeding;
(2) An adverse party, parent, or legal guardian
may file a pleading in response to the pleading filed under paragraph (1). A responsive pleading must be verified and
must be served on parties to the proceeding;
and
(3) Unless the court finds a hearing is necessary
to determine disputed facts material to the issue of standing, the court shall
determine, based on the pleadings under paragraphs (1) and (2), whether the
individual has alleged facts sufficient to satisfy by a preponderance of the
evidence the requirements of paragraphs (1) through (7) of subsection (d). If the court holds a hearing under this
subsection, the hearing shall be held on an expedited basis.
(d) In a proceeding to adjudicate parentage of an
individual who claims to be a de facto parent of the child, if there is only
one other individual who is a parent or has a claim to parentage of the child,
the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the
individual demonstrates by clear and convincing evidence that:
(1) The individual resided with the child as a
regular member of the child's household
for a significant period;
(2) The individual engaged in consistent
caretaking of the child;
(3) The individual undertook full and permanent
responsibilities of a parent of the child without expectation of financial compensation;
(4) The individual held out the child as the
individual's child;
(5) The individual established a bonded and
dependent relationship with the child which is parental in nature;
(6) Another parent of the child fostered or
supported the bonded and dependent relationship required under paragraph (5);
and
(7) Continuing the relationship between the
individual and the child is in the best
interest of the child.
(e) Subject to other limitations in this part, if
in a proceeding to adjudicate parentage of an individual who claims to be a de
facto parent of the child, there is more than one other individual who is a
parent or has a claim to parentage of the child and the court determines that
the requirements of subsection (d) are satisfied, the court shall adjudicate
parentage under section -66.
§ -64 Adjudicating parentage of child with acknowledged parent. (a) If a child has an acknowledged parent, a
proceeding to challenge the acknowledgment
of parentage or a denial of parentage, brought by a signatory to the acknowledgment
or denial, is governed by section -43(e).
(b)
If a child has an acknowledged parent, the following rules shall apply
in a proceeding to challenge the acknowledgment of parentage or a denial of
parentage brought by an individual, other than the child, who has standing
under section -23 and was not a signatory to the
acknowledgment or denial:
(1) The individual shall commence the proceeding
not later than two years after the effective date of the acknowledgment unless the acknowledgment was obtained by fraud;
(2) The court may permit the proceeding only if
the court finds permitting the proceeding is in the best interest of the child pursuant to section 571-46; and
(3) If
the court permits the proceeding, the court shall adjudicate parentage under section -66.
§ -65 Adjudicating
parentage of child with adjudicated parent.
(a) If a
child has an adjudicated parent, a proceeding to challenge the adjudication,
brought by an individual who was a party to the adjudication or received notice
under section ‑21,
shall be governed by the rules governing a collateral attack on a judgment.
(b) If a child has an adjudicated parent, the
following rules shall apply to a proceeding to challenge the adjudication of parentage
brought by an individual, other than the child, who has standing under section
-23 and was not a party to the adjudication and did not
receive notice under section -21:
(1) The
individual shall commence the proceeding not later
than two years after the effective date of the
adjudication unless the acknowledgment was obtained by fraud;
(2) The court may permit the proceeding only if
the court finds permitting the proceeding is in the best interest of the child; and
(3) If the court permits the proceeding, the court
shall adjudicate parentage under
section -66.
§ -66 Adjudicating competing claims of
parentage. (a)
Except as otherwise provided by law, in a proceeding to adjudicate competing
claims of parentage of a child by two or more individuals, or challenges
thereto under section ‑62, -64, or
-65, the court shall adjudicate parentage in the best
interest of the child, based on:
(1) The age of the child;
(2) The length of time during which each
individual assumed the role of parent of
the child;
(3) The nature of the relationship between the
child and each individual;
(4) The harm to the child if the relationship
between the child and each individual is not
recognized;
(5) The basis for each individual's claim to parentage
of the child; and
(6) Other equitable factors arising from the
disruption of the relationship between the child and each individual or the
likelihood of other harm to the child.
(b) If an individual challenges parentage based
on the results of genetic testing, in addition to the factors listed in
subsection (a), the court shall consider:
(1) The facts surrounding the discovery that the
individual might not be a genetic parent of the child; and
(2) The length of time between the time that the
individual was placed on notice that the individual might not be a genetic
parent and the commencement of the proceeding.
(c) The court may adjudicate a child to have more
than two parents under this chapter if the court finds that failure to
recognize more than two parents would be detrimental to the child. A finding of detriment to the child shall not
require a finding of unfitness of any parent or individual seeking an
adjudication of parentage. In
determining detriment to the child, the court shall consider all relevant
factors, including the harm if the child is removed from a stable placement
with an individual who has fulfilled the child's physical needs and
psychological needs for care and affection and has assumed the role for a
substantial period.
PART VII.
GENETIC TESTING
§ -71 Scope of part; limitation on use of genetic testing. This part governs genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual:
(1) Voluntarily submits to testing; or
(2) Is tested under an order of the court or the child support enforcement agency.
§ -72 Authority to order or deny genetic testing. (a)
Except as otherwise provided in this part or part V, in a proceeding
under this chapter to determine parentage, the court shall order the child and
any other individual to submit to genetic testing if a request for testing is
supported by the sworn statement of a party:
(1) Alleging a reasonable possibility that the
individual is the child's genetic
parent; or
(2) Denying genetic parentage of the child and stating facts establishing a reasonable possibility that the individual is not a genetic parent.
(b) A child support enforcement agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated parent of a child other than the individual who gave birth to the child.
(c) The court or child support enforcement agency
shall not order in utero genetic testing.
(d) If two or more individuals are subject to
court‑ordered genetic testing, the court
may order that testing be completed concurrently or sequentially.
(e) Genetic testing of an individual who gave
birth to a child is not a condition precedent to testing of the child and an
individual whose genetic parentage of the child is being determined. If the individual who gave birth to the child
is unavailable or declines to submit to genetic testing, the court may order
genetic testing of the child and each individual whose genetic parentage of the
child is being adjudicated.
(f) In a proceeding to adjudicate the parentage
of a child having a presumed parent or an
individual who claims to be a parent under section -63, or to
challenge an acknowledgment of parentage, the court may deny a motion for
genetic testing of the child and any other individual after considering the
factors in section -66(a) and (b).
(g) If an individual requesting genetic testing is barred under section -43(e) from establishing the individual's parentage, the court shall deny the request for genetic testing unless the court finds good cause.
(h) An order under this section for genetic testing is enforceable by contempt.
§ -73 Requirements for genetic testing. (a) Genetic testing shall be of a type reasonably
relied on by experts in the field of genetic testing and performed in a testing
laboratory accredited by:
(1) The AABB, formerly known as the American
Association of Blood Banks, or a successor to its functions; or
(2) An accrediting body designated by the Secretary of the United States Department of Health and Human Services.
(b) A specimen used in genetic testing may
consist of a sample or a combination of samples of blood, buccal cells, bone,
hair, or other body tissue or fluid. The
specimen used in the testing need not
be of the same kind for each individual undergoing genetic testing.
(c)
Based on the ethnic or racial group of an individual undergoing genetic
testing, a testing laboratory shall determine the databases from which to
select frequencies for use in calculating a relationship index. If an individual or the child support
enforcement agency objects to the laboratory's choice, the following rules shall
apply:
(1) Not later than thirty days after receipt of the report of the test, the objecting individual or the child support enforcement agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory;
(2) The individual or the child support enforcement agency objecting to the laboratory's choice under this subsection shall:
(A) If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or
(B) Engage another laboratory to perform the calculations; and
(3) The
laboratory may use its own statistical estimate if there is a question as to which
ethnic or racial group is appropriate.
The laboratory shall calculate the frequencies using statistics, if
available, for any other ethnic or racial group requested.
(d) If, after recalculation of the relationship
index under subsection (c) using a different ethnic or racial group, genetic
testing does not identify an individual as a genetic parent of a child, the
court may require an individual who has been tested to submit to additional
genetic testing to identify a genetic parent.
§ -74 Report
of genetic testing. (a) A report of genetic testing shall be in a
record and signed under penalty of perjury by a designee of the testing
laboratory. A report complying with the
requirements of this part is self‑authenticating.
(b) Documentation from a testing laboratory of
the following information shall be sufficient to establish a reliable chain of
custody and allow the results of genetic testing to be admissible without testimony:
(1) The name and photograph of each individual
whose specimen has been taken;
(2) The name of the individual who collected each specimen;
(3) The place and date each specimen was collected;
(4) The name of the individual who received each
specimen in the testing laboratory; and
(5) The date each specimen was received.
§ -75 Genetic
testing results; challenge to results. (a) Subject to a challenge under subsection (b),
an individual is identified under this chapter as a genetic parent of a child
if genetic testing complies with this part and the results of the testing disclose:
(1) That the individual has at least a ninety-nine
per cent probability of parentage, using a prior probability of 0.50, as
calculated by using the combined relationship index obtained in the testing; and
(2) A combined relationship index of at least one
hundred to one.
(b) An individual identified under subsection (a)
as a genetic parent of the child may challenge the genetic testing results only
by other genetic testing satisfying the requirements of this part which:
(1) Excludes the individual as a genetic parent of
the child; or
(2) Identifies another individual as a possible
genetic parent of the child other
than:
(A) The individual who gave birth to the child; or
(B) The individual identified under subsection (a).
An alleged
parent or party to the paternity action who objects to the admission of the report concerning the genetic test results must file a motion
no later than twenty
days after receiving a copy of the report and shall show good cause as to why a witness
is necessary to lay the foundation for the admission of the report
as evidence. The court may, sua sponte, or at a hearing on the motion, determine whether a witness shall be required to lay the foundation for the
admission of the report as
evidence. The right to call witnesses to
rebut the report is reserved to all parties.
(c) If more than one individual other than the individual
who gave birth is identified by genetic testing as a possible genetic parent of
the child, the court shall order each individual to submit to further genetic
testing to identify a genetic parent.
§ -76 Genetic testing when specimen not available. (a) Subject to subsection (b), if a
genetic-testing specimen is not available from an alleged genetic parent of a
child, an individual seeking genetic testing demonstrates good cause, and the court finds that the
circumstances are just, the court may order any of the following individuals to
submit specimens for genetic testing:
(1) A parent of the alleged genetic parent;
(2) A sibling of the alleged genetic parent;
(3) Another child of the alleged genetic parent
and the individual who gave birth to the other child; and
(4) Another relative of the alleged genetic parent
necessary to complete genetic
testing.
(b) To issue an order under this section, the
court shall find that a need for genetic testing outweighs the legitimate
interests of the individual sought to be tested.
§ -77 Deceased individual. If an individual seeking genetic testing
demonstrates good cause, the court may order genetic testing of a deceased
individual.
PART
VIII. OTHER PROVISIONS
§ -81 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it."
SECTION 3. Section 26-14.6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) Effective July 1, 1990, the functions,
authority, and obligations, together with the limitations imposed thereon and
the privileges and immunities conferred thereby, exercised by a
"sheriff", "sheriffs", a "sheriff's deputy", "sheriff's
deputies", a "deputy sheriff", "deputy sheriffs", or a
"deputy", under sections 21-8, 47-18, 105-4, 134-51, 183D-11,
187A-14, 231-25, 281-108, 281-111, 286-52, 286-52.5, 321-1, 322-6, 325-9,
353-11, 356D-54, 356D-94, 383-71, 445-37, 482E-4, 485A-202, 501‑42,
501-171, 501-218, 521-78, 578-4, [584-6,] -23,
603‑29, 604-6.2, 606-14, 607-2, 607-4, 607-8, 633-8, 634-11, 634-12,
634-21, 634-22, 651-33, 651-37, 651-51, 654-2, 655-2, 657-13, 660-16, 666-11,
666-21, 803-23, 803-34, 803-35, 804-14, 804-18, 804-41, 805-1, 806-71, and 832-23
shall be exercised to the same extent by the department of public safety; and
effective January 1, 2024, those functions, authority, and obligations shall be
exercised to the same extent by the department of law enforcement."
SECTION 4. Section 338-12, Hawaii Revised Statutes, is amended to read as follows:
"§338-12 Evidentiary character of certificates. Certificates filed within thirty days after
the time prescribed therefor shall be prima facie evidence of the facts therein
stated. Data pertaining to [the
father] a parent of a child is prima facie evidence if:
(1) The
alleged [father] parent is:
(A) The
[husband] spouse of the [mother;] other parent; or
(B) The
acknowledged [father] parent of the child; or
(2) The
[father] parent and child relationship has been established under
chapter [584.] . Data pertaining to the alleged [father]
parent acknowledging [paternity] parentage of the child is
admissible as evidence of [paternity] parentage in any family
court proceeding, including proceedings under chapter [584.] ."
SECTION 5. Section 338-15, Hawaii Revised Statutes, is amended to read as follows:
"§338-15 Late or altered certificates. A person born in the State may file or amend
a certificate after the time prescribed, upon submitting proof as required by
rules adopted by the department of health.
Certificates registered after the time prescribed for filing by the
rules of the department of health shall be registered subject to any
evidentiary requirements that the department adopts by rule to substantiate the
alleged facts of birth. The department
may amend a birth certificate to change or establish the identity of a
registrant's parent only pursuant to a court order from a court of appropriate
jurisdiction or pursuant to a legal establishment of parenthood pursuant to
chapter [584.] . Amendments that change or establish the
identity of a registrant's parent that are made in accordance with this section
shall not be considered corrections of personal records pursuant to chapter
92F."
SECTION 6. Section 338-21, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
All children born to parents not married to each other, irrespective of
the marriage of either natural parent to another, (1) on the marriage of the
natural parents with each other, (2) on the voluntary, written acknowledgments
of [paternity] parentage under oath signed by the natural father
and the natural mother, or (3) on establishment of the parent and child
relationship under chapter [584,] , are
entitled to the same rights as those born to parents married to each other and
shall take the name so stipulated by their parents or, if the parents do not
agree on the name, shall take the name specified by a court of competent
jurisdiction to be the name that is in the best interests of the child. The original certificate of birth shall contain
the name so stipulated. The child or
children or the parents thereof may petition the department of health to issue
a new original certificate of birth, and not a duplicate of the original
certificate that has been amended, altered, or modified, in the new name of the
child, and the department shall issue the new original certificate of
birth. As used in this section,
"name" includes the first name, middle name, or last name."
2. By amending subsection (d) to read:
"(d)
Nothing in this section shall be construed to limit the power of the
courts to order the department to prepare new certificates of birth under
section [584-23.] -59.5."
SECTION 7. Section 532-6, Hawaii Revised Statutes, is amended to read as follows:
"§532-6 To child born to parents not married to each other. Every child born to parents not married to
each other at the time of the child's birth and for whom the parent and child
relationship has not been established pursuant to chapter [584]
shall be considered as an heir to the child's mother, and shall inherit her
estate, in whole or in part, as the case may be, in like manner as if the child
had been born in lawful wedlock."
SECTION 8. Section 560:2-114, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
Except as provided in subsections (b) and (c), for purposes of intestate
succession by, through, or from a person, an individual is the child of the
child's natural parents, regardless of their marital status. The parent and child relationship may be
established under chapter [584.] ."
SECTION 9. Section 571-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in sections 603-21.5 and
604-8, the court shall have exclusive original jurisdiction:
(1) To try any offense committed against a child
by the child's parent or guardian or by any other person having the child's
legal or physical custody, and any violation of section 707-726, 707-727,
709-902, 709‑903, 709-903.5, 709-904, 709-905, 709-906, or 302A-1135,
whether or not included in other provisions of this paragraph or paragraph (2);
(2) To try any adult charged with:
(A) Deserting, abandoning, or failing to provide
support for any person in violation of law;
(B) An offense, other than a felony, against the
person of the defendant's husband or wife;
(C) Any violation of an order issued pursuant to
chapter 586; or
(D) Any violation of an order issued by a family
court judge.
In any case within paragraph (1) or (2), the court, in its discretion, may waive its jurisdiction over the offense charged;
(3) In all proceedings under chapter 580, and in
all proceedings under chapter [584;] ;
(4) In proceedings under chapter 575, the Uniform
Desertion and Nonsupport Act, and under chapter 576B, the Uniform Interstate
Family Support Act;
(5) For commitment of an adult alleged to be
mentally defective or mentally ill;
(6) In all proceedings for support between parent
and child or between husband and wife;
(7) In all proceedings for pre-trial detention or
waiver of jurisdiction over an adult who was a child at the time of an alleged
criminal act as provided in section 571-13 or 571-22;
(8) In all proceedings under chapter 586, Domestic
Abuse Protective Orders; and
(9) For the protection of vulnerable adults under
chapter 346, part X.
In any case within paragraph (3), (4), or
(6), the attorney general, through the child support enforcement agency, may
exercise concurrent jurisdiction as provided in chapter 576E."
SECTION 10. Section 571-50, Hawaii Revised Statutes, is amended to read as follows:
"§571-50 Modification of decree, rehearing. Except as otherwise provided by this chapter, any decree or order of the court may be modified at any time.
At any time during supervision of a child the court may issue notice or other appropriate process to the child if the child is of sufficient age to understand the nature of the process, to the parents, and to any other necessary parties to appear at a hearing on a charge of violation of the terms of supervision, for any change in or modification of the decree or for discharge. The provisions of this chapter relating to process, custody, and detention at other stages of the proceeding shall be applicable.
A parent, guardian, custodian, or next friend of any child whose status has been adjudicated by the court, or any adult affected by a decree of the court, at any time may petition the court for a rehearing on the ground that new evidence, which was not known or not available through the exercise of due diligence at the time of the original hearing and which might affect the decree, has been discovered. Upon a satisfactory showing of this evidence, the court shall order a new hearing and make any disposition of the case that the facts and the best interests of the child warrant.
A parent, guardian, or next friend of a child whose legal custody has been transferred by the court to an institution, facility, agency, or person may petition the court for modification or revocation of the decree, on the ground that the legal custodian has wrongfully denied application for the release of the child or has failed to act upon it within a reasonable time, or has acted in an arbitrary manner not consistent with the welfare of the child or the public interest. An institution, facility, agency, or person vested with legal custody of a child may petition the court for a renewal, modification, or revocation of the custody order on the ground that the change is necessary for the welfare of the child or in the public interest. The court may dismiss the petition if on preliminary investigation it finds the petition without substance. If the court is of the opinion that the decree should be reviewed, it shall conduct a hearing on notice to all parties concerned, and may enter an order continuing, modifying, or terminating the decree.
Notwithstanding the foregoing provisions of this section the court's authority with respect to the review, rehearing, renewal, modification, or revocation of decrees, judgments, or orders entered in the hereinbelow listed classes of proceedings shall be limited by any specific limitations set forth in the statutes governing these proceedings or in any other specifically applicable statutes or rules. These proceedings are as follows:
(1) Annulment, divorce, separation, and other proceedings under chapter 580;
(2) Adoption proceedings under chapter 578;
(3) [Paternity]
Parentage proceedings under chapter [584;] ;
(4) Termination of parental rights proceedings under this chapter; and
(5) State hospital commitment proceedings under chapter 334.
A decree, judgment, or order committing a child to the care of the director of human services shall be reviewable under this section at the instance of others other than duly authorized representatives of the department only after a lapse of thirty days following the date of the decree, judgment, or order, and thereafter only at intervals of not less than one year.
Notwithstanding this section, the court shall not conduct a rehearing of any petition, filed under section 571-11(1), which, following a hearing, has been denied or dismissed."
SECTION 11. Section 571-52.6, Hawaii Revised Statutes, is amended to read as follows:
"§571-52.6 Child support order, judgment, or decree;
accident and health or sickness insurance coverage. Each order, judgment, or decree under this
chapter or chapter 576B, 580, or [584]
ordering a person to pay child support shall include the following provisions:
(1) Both the obligor and the obligee are required to file with the state case registry, through the child support enforcement agency, upon entry of the child support order and to update as appropriate, information on the identity and location of the party, including social security number, residential and mailing addresses, telephone number, driver's license number if different from social security number, and name, address, and telephone number of the party's employer; and
(2) The liability of that person for accident and health or sickness insurance coverage when available at reasonable cost."
SECTION 12. Section 571-84, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
The court shall maintain records of all cases brought before it. Except as provided in sections 571-84.6 and [584-20.5,]
-59, in proceedings under section 571-11 and in [paternity]
parentage proceedings under chapter [584,] ,
the following records shall be withheld from public inspection: the court docket, petitions, complaints,
motions, and other papers filed in any case; transcripts of testimony taken by
the court; and findings, judgments, orders, decrees, and other papers other
than social records filed in proceedings before the court. The records other than social records shall
be open to inspection: by the parties
and their attorneys, by an institution or agency to which custody of a minor
has been transferred, and by an individual who has been appointed guardian;
with consent of the judge, by persons having a legitimate interest in the
proceedings from the standpoint of the welfare of the minor; and, pursuant to
order of the court or the rules of court, by persons conducting pertinent research
studies, and by persons, institutions, and agencies having a legitimate
interest in the protection, welfare, treatment, or disposition of the
minor."
SECTION 13. Section 571-84.5, Hawaii Revised Statutes, is amended to read as follows:
"§571-84.5 Support order, decree, judgment, or
acknowledgment; social security number.
The social security number of any individual who is a party to a divorce
decree, or subject to a support order or [paternity] parentage
determination, or has made an acknowledgment of [paternity] parentage
issued under this chapter or chapter 576B, 580, or [584]
shall be placed in the records relating to the matter."
SECTION 14. Section 571-87, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The maximum allowable fee shall not exceed
the following schedule:
(1) Cases arising under chapters [[]587A[]]
and 346, part X:
(A) Predisposition
. . . . . . . . . . . . . $3,000;
(B) Postdisposition
review hearing . . . . . $1,000;
(2) Cases arising under chapters 560, 571, 580,
and
[584]
. . . . . . . . . . . . . . . . . . $3,000.
Payments
in excess of any maximum provided for under paragraphs (1) and (2) may be made
whenever the court in which the representation was rendered certifies, based
upon representations
of extraordinary circumstances, attested to by the applicant, that the amount
of the excess payment is necessary to provide fair compensation in light of
those circumstances, and the payment is
approved by the administrative judge of that court."
SECTION 15. Section 571-92, Hawaii Revised Statutes, is amended to read as follows:
"§571-92 Application.
This part shall only apply to actions under chapters 580 and [584.]
. Nothing in
this part shall supersede any provision of any existing state or federal
law. The provisions in this part shall
be interpreted consistently with other relevant laws and the standard of
"best interest of the child" shall remain paramount."
SECTION 16. Section 574-3, Hawaii Revised Statutes, is amended to read as follows:
"§574-3 Children born to parents not married to each
other. The registrar of births shall register any child born to parents not
married to each other at the time of the child's birth and where either the
natural parents have not married each other or where the parent and child
relationship has not been established pursuant to chapter [584,] ,
as having both a family name and given name chosen by the mother."
SECTION 17. Section 576B-401, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The tribunal may issue a temporary child support order if the tribunal determines that the order is appropriate and the individual ordered to pay is:
(1) A presumed [father] parent
of the child;
(2) Petitioning to have [paternity] parentage
adjudicated;
(3) Identified as the [father] parent
of the child through genetic testing;
(4) An alleged [father] parent
who has declined to submit to genetic testing;
(5) Shown by clear and convincing evidence
to be the [father] parent of the child;
(6) An acknowledged [father] parent
as provided by section [584-3.5;] -43;
(7) The [mother of] individual
who gave birth to the child; or
(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated."
SECTION 18. Section 576B-402, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In a proceeding to determine parentage, a
responding tribunal of this State shall apply chapter [584]
and the rules of this State on choice of law."
SECTION 19. Section 576E-2, Hawaii Revised Statutes, is amended to read as follows:
"§576E-2 Attorney general; powers. Notwithstanding any other law to the
contrary, the attorney general, through the child support enforcement
agency and the office, shall have concurrent jurisdiction with the court in all
proceedings in which a support obligation is established, modified, or
enforced, including but not limited to proceedings under chapters 571, 580, [584,]
, and 576B. The
attorney general, through the child support enforcement agency and the
office, may establish, modify, suspend, terminate, and enforce child support
obligations and collect or enforce spousal support using the administrative
process provided in this chapter on all cases for which the department has a
responsibility under Title IV-D of the Social Security Act, including but not limited
to welfare and nonwelfare cases in which the responsible parent is subject to
the department's jurisdiction, regardless of the residence of the children for
whom support is sought. These powers
shall include but not be limited to the power to:
(1) Conduct investigations into the ability of parties to pay support and into nonpayment of support;
(2) Administer oaths, issue subpoenas, and require production of books, accounts, documents, and evidence;
(3) Establish, modify, suspend, terminate, or enforce a child support order and to collect or enforce a spousal support order in conjunction with a child support order;
(4) Determine that a party has not complied with a court or administrative order of support and make recommendations to the court or other agency with respect to contempt or other appropriate proceedings;
(5) Establish arrearage;
(6) Establish an order for child support for periods which public assistance was provided to the child or children by the department of human services;
(7) Order and enforce assignment of future income under section 576E-16, chapter 571, and section 576D-14;
(8) Exercise the powers and authority described in this section, notwithstanding the existence of a prior court or administrative order of support issued by another state or foreign jurisdiction, except as modified or limited by this chapter;
(9) Determine that an obligor owes past-due support with respect to a child receiving assistance under a state program funded under Title IV-A of the Social Security Act, including Aid to Families with Dependent Children and Temporary Assistance to Needy Families and petition the court to issue an order that requires the obligor to pay such support in accordance with a plan approved by the court or, if the obligor is subject to such a plan and is not incapacitated, participate in work activities, as defined in 42 U.S.C. §607(d), as the court deems appropriate;
(10) Order
genetic testing pursuant to chapter [584] for
the purpose of establishing [paternity,] parentage with payment
of costs to be made by the agency, subject to recoupment by the State from [the
father or the mother,] a parent if appropriate, if [paternity]
parentage is established, and to also order additional testing in any
case if an original test result is contested, upon request and advance payment
by the contestant;
(11) Exercise the powers and authority described in this section, notwithstanding the existence of a prior court or administrative order of support issued by another state or foreign jurisdiction, except as modified or limited by this chapter and chapter 576B; and
(12) Delegate the powers and authority described in this section to hearings officers and employees of the agency."
SECTION 20. Section 580-47, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Upon granting a divorce, or thereafter if, in addition to the powers granted in subsections (c) and (d), jurisdiction of those matters is reserved under the decree by agreement of both parties or by order of court after finding that good cause exists, the court may make any further orders as shall appear just and equitable (1) compelling the parties or either of them to provide for the support, maintenance, and education of the children of the parties; (2) compelling either party to provide for the support and maintenance of the other party; (3) finally dividing and distributing the estate of the parties, real, personal, or mixed, whether community, joint, or separate; and (4) allocating, as between the parties, the responsibility for the payment of the debts of the parties whether community, joint, or separate, and the attorney's fees, costs, and expenses incurred by each party by reason of the divorce. In making these further orders, the court shall take into consideration: the respective merits of the parties, the relative abilities of the parties, the condition in which each party will be left by the divorce, the burdens imposed upon either party for the benefit of the children of the parties, the concealment of or failure to disclose income or an asset, or violation of a restraining order issued under section 580-10(a) or (b), if any, by either party, and all other circumstances of the case. In establishing the amounts of child support, the court shall use the guidelines established under section 576D-7. Provision may be made for the support, maintenance, and education of an adult or minor child and for the support, maintenance, and education of an incompetent adult child whether or not the petition is made before or after the child has attained the age of majority. In those cases where child support payments are to continue due to the adult child's pursuance of education, the agency, at least three months prior to the adult child's nineteenth birthday, shall send notice by regular mail to the adult child and the custodial parent that prospective child support will be suspended unless proof is provided by the custodial parent or adult child to the child support enforcement agency, prior to the child's nineteenth birthday, that the child is presently enrolled as a full-time student in school or has been accepted into and plans to attend as a full-time student for the next semester a post-high school university, college, or vocational school. If the custodial parent or adult child fails to do so, prospective child support payments may be automatically suspended by the child support enforcement agency, hearings officer, or court upon the child reaching the age of nineteen years. In addition, if applicable, the agency, hearings officer, or court may issue an order terminating existing assignments against the responsible parent's income and income assignment orders.
In addition to any other relevant factors considered, the court, in ordering spousal support and maintenance, shall consider the following factors:
(1) Financial resources of the parties;
(2) Ability of the party seeking support and maintenance to meet his or her needs independently;
(3) Duration of the marriage;
(4) Standard of living established during the marriage;
(5) Age of the parties;
(6) Physical and emotional condition of the parties;
(7) Usual occupation of the parties during the marriage;
(8) Vocational skills and employability of the party seeking support and maintenance;
(9) Needs of the parties;
(10) Custodial
and child support responsibilities;
(11) Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance;
(12) Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made; and
(13) Probable duration of the need of the party seeking support and maintenance.
The court may order support and maintenance to a party for an indefinite period or until further order of the court; provided that in the event the court determines that support and maintenance shall be ordered for a specific duration wholly or partly based on competent evidence as to the amount of time which will be required for the party seeking support and maintenance to secure adequate training, education, skills, or other qualifications necessary to qualify for appropriate employment, whether intended to qualify the party for a new occupation, update or expand existing qualification, or otherwise enable or enhance the employability of the party, the court shall order support and maintenance for a period sufficient to allow completion of the training, education, skills, or other activity, and shall allow, in addition, sufficient time for the party to secure appropriate employment."
SECTION 21. Section 607-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) PART I
Action or proceeding, general:
(1) Civil action or special proceeding, unless another item in part I applies................................ $200
(1a) Petition for conversion of nonjudicial foreclosure to judicial foreclosure............................. $250
(2) Appeal to a circuit court........................ $100
(3) Transfer of action to circuit court from district court, in addition to district court fees............... $125
Trusts:
(4) Proceeding for (A) appointment of trustee; (B) appointment of successor; (C) resignation of trustee; (D) instructions; (E) approval of investment; (F) approval of sale, mortgage, lease, or other disposition of property; (G) approval of compromise of claim, for each such matter................................................ $100
(5) Proceeding for (A) removal of trustee; (B) order requiring accounting; (C) invalidation of action taken by trustee; (D) termination of trust, for each such matter.... $100
(6) Accounting, this fee to be paid for each account filed and to include the settlement of the account........... $10
(7) Vesting order.................. no charge under part I
(8) Allowance of fees of trustees, attorneys, or other fees for services incurred in a proceeding for which a fee has been paid under this section no charge under part I
(8a) Registration of a trust, or release of registration, under chapter 560....................................... $3
(9) Any other proceeding relating to a trust........... $15
Conservatorship:
(10) Proceeding for (A) appointment; (B) appointment of successor; (C) resignation; (D) instructions, unless included in one of the foregoing proceedings; (E), (F), (G) approval of any matter listed in (E), (F), or (G) of item (4) in relation to a trust, for each such matter $100
(11) Proceeding of the nature listed in (A), (B), (C), or (D) of item (5) in relation to a trust, for each such matter................................................. $15
(12) Accounting, same as provided by item (6) in relation to a trust............................................ $10
(13) Any other proceeding relating to a
conservatorship................ no charge under part I
Guardianship:
(13a) Guardianship, including all matters of the nature listed in items (4) to (9), whether in family or circuit court ................................................ $100
Probate (decedents' estates). These fees include all matters of the nature listed in items (4) to (9), without additional charge:
(14) Probate, administration, domiciliary foreign personal representative, or ancillary administration, this fee to be paid once only for each decedent's estate...... $100
Family court cases:
(15) Matrimonial action (annulment, divorce, separation, or separate maintenance)............................ $100
(16) Adoption........................................ $100
(17) Guardianship, including all matters of the nature listed in items (4) to (9)............ As provided in item 13a
(18) Termination of parental rights, except
determinations of [father and child relationship] parent-child
relationship pursuant to section [584-6] -23
no charge
under part I
(19) Determinations
of [father and child relationship] parent-child relationship
pursuant to section [584-6] -23 ................................................. $100
(20) Any
other family court proceeding, except motions or other pleadings in
matrimonial, adoption, determinations of [father and child relationship]
parent-child relationship pursuant to section [584-6,] -23,
and guardianship actions, but including without limitation custody proceedings
even if in the form of an habeas corpus proceeding...................................... $15"
SECTION 22. Section 607-5.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
In addition to the fees prescribed under section 607‑5 for a
matrimonial action where either party has a minor child, or a family court
proceeding under chapter [584,] , the court
shall collect a surcharge of $50 at the time of filing the initial complaint or
petition. In cases where the surcharge
has been initially waived, the court may collect the surcharge subsequent to
the filing with such surcharge to be assessed from either party or apportioned
between both parties."
SECTION 23. Section 634-37, Hawaii Revised Statutes, is amended to read as follows:
"§634-37 Presumption of notice and service of process
in child support cases. Whenever
notice and service of process is required for child support enforcement
proceedings subsequent to an order issued pursuant to chapter 571, 576B, 576E,
580, or [584,] , upon a showing that diligent
effort has been made to ascertain the location of a party, notice and service
of process shall be presumed to be satisfied upon delivery of written notice to
the most recent residential or employer address on file with the state case
registry pursuant to section 571-52.6."
SECTION 24.
Chapter 584, Hawaii Revised Statutes, is repealed.
SECTION 25. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 26. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 27. This Act shall take effect on January 1, 2024.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Judiciary Package; Uniform Parentage Act
Description:
Enacts portions of the Uniform Parentage Act of 2017 to replace the Uniform Parentage Act of 1973. Takes effect 1/1/2024.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
