Bill Text: HI SCR91 | 2010 | Regular Session | Amended

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Bill Title: Family Courts; Family Violence; Investigatory Committee (SD1)

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed - Dead) 2010-04-23 - (H) Report adopted; referred to the committee(s) on JUD with none voting no and Representative(s) Bertram, M. Oshiro excused. [SCR91 Detail]

Download: Hawaii-2010-SCR91-Amended.html

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STAND. COM. REP. NO.  1384-10

 

Honolulu, Hawaii

                , 2010

 

RE:   S.C.R. No. 91

      S.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred S.C.R. No. 91, S.D. 1, entitled:

 

"SENATE CONCURRENT RESOLUTION AUTHORIZING AN INVESTIGATING COMMITTEE TO INVESTIGATE CONTESTED CHILD CUSTODY PROCEEDINGS INVOLVING THE COMMISSION OF FAMILY VIOLENCE BY A PARENT, AND TO ASSESS THE USE AND APPLICATION OF SECTION 571-46, HAWAII REVISED STATUTES,"

 

begs leave to report as follows:

 

     The purpose of this concurrent resolution is to designate the Senate Human Services Committee as an investigative committee to investigate contested child custody proceedings where family violence has been alleged to have been committed by a parent.

 

     Angel Group, the Hawaii Coalition Against Domestic Violence and numerous concerned individuals submitted testimony in support of this measure. The Judiciary provided comments on this measure. 

 

     Your Committee finds about half of men who batter their partner also abuse their children.  A growing trend in family court includes joint or shared custody and the use of parenting plans.  Although your Committee believes that joint custody and parenting plans are appropriate for non-violent families, your Committee firmly believes that these solutions are incredibly inappropriate for families who have a violent history.

 

     Your Committee further finds that HRS 571-46 was adopted to prevent and curtail the further occurrence of family violence once a victim of domestic violence had successfully fled his/her abuser.  However, your Committee finds that this statute can only be considered if a finding of domestic violence is made by the judge and often results in the under application of the statute. 

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 91, S.D. 1, and recommends that it be referred to the Committee on Judiciary.

 

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

 

 

		____________________________ JOHN M. MIZUNO, Chair