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THE SENATE |
S.C.R. NO. |
71 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
requesting the judiciary conduct a study on the necessity of mandatory referrals to the department of human services for investigation or intervention in all cases of alleged domestic ABUSE involving a family or household member who is a minor or incapacitated person.
WHEREAS, when domestic abuse occurs in a household in which a child resides, a parent may seek a restraining order against the abusive parent or household member; and
WHEREAS, in such cases, existing law requires the court-appointed entity assisting the parent with filing the petition to refer the matter to the Department of Human Services for intervention or investigation by the Child Welfare Services Branch; and
WHEREAS, judges have the discretionary authority to refer a case to the Department of Human Services where an investigation is warranted to ensure the family's safety and provide services to support their safety and well-being; and
WHEREAS, given this authority, mandating a referral to the Department of Human Services for investigation or intervention in all cases of alleged domestic abuse involving a family or household member who is a minor or incapacitated person may be unnecessary; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the House of Representatives concurring, that the Judiciary is requested to conduct a study on the necessity of mandatory referrals to the Department of Human Services for investigation or intervention in all cases of alleged domestic abuse involving a family or household who is a minor or incapacitated person; and
BE IT FURTHER RESOLVED that the Judiciary is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court and Director of Human Services.
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OFFERED BY: |
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Judiciary; Mandatory Reporting; Domestic Violence; Study