Bill Text: HI SB913 | 2010 | Regular Session | Amended

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Bill Title: Guardianship Proceedings; Notice

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB913 Detail]

Download: Hawaii-2010-SB913-Amended.html

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STAND. COM. REP. NO. 371

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 913

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Human Services, to which was referred S.B. No. 913 entitled:

 

"A BILL FOR AN ACT RELATING TO NOTICE OF GUARDIANSHIP PROCEEDINGS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to amend section 560:5-113, Hawaii Revised Statutes, to provide that notice to parents shall not be required if the parents have been served in a proceeding under chapter 587, Hawaii Revised Statutes, and a permanent plan has been ordered by the Court.

 

     Testimony in support of this measure was submitted by the Department of Human Services.  Testimony in opposition was submitted by the State Judiciary and one public citizen.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that Act 106, Session Laws of Hawaii 2007, amended chapter 587, Hawaii Revised Statutes, to allow the Family Court to order legal guardianship without the termination of parental rights.  A corresponding revision to section 560:5‑113, Hawaii Revised Statutes, is needed to clarify that notice is not required to be served on persons who are not, and will not, be parties to the guardianship proceedings.  Your Committee notes that the Judiciary has submitted testimony in opposition, and encourages the proponents of the measure to collaborate with the Judiciary to resolve differences in crafting amendments for this measure.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 913 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Government Operations.

 

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

 

		____________________________ SUZANNE CHUN OAKLAND, Chair