Bill Text: HI HB2488 | 2014 | Regular Session | Introduced
Bill Title: Family Court Jurisdiction; Child Protective Act; Standard of Evidence
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-04 - The committee(s) on HUS recommend(s) that the measure be deferred. [HB2488 Detail]
Download: Hawaii-2014-HB2488-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2488 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "adjudication" to read as follows:
""Adjudication" means a finding
by a court that is supported by [a preponderance of the] clear and
convincing evidence that the child has been harmed or is subjected to
threatened harm by the acts or omissions of the child's family."
SECTION 2. Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "clear and convincing evidence" to read as follows:
""Clear and convincing evidence" means the degree of proof that will produce in the mind of the trier of fact a firm belief or conviction that the fact sought to be proved is true. This measure falls between the preponderance standard of typical civil cases and the beyond-a-reasonable-doubt standard of criminal cases. "Clear and convincing evidence" shall be the standard of proof required in any proceeding under this chapter, unless otherwise specified."
SECTION 3. Section 587A-4, Hawaii Revised Statutes, is amended by repealing the definition of "preponderance of the evidence".
[""Preponderance of the
evidence" means the degree of proof, which as a whole, convinces the trier
of fact that the fact sought to be proved is more probable than not. "Preponderance
of the evidence" shall be the standard of proof required in any
proceeding, unless otherwise specified."]
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Family Court Jurisdiction; Child Protective Act; Standard of Evidence
Description:
Changes the standard of evidence from preponderance to clear and convincing for certain family court hearings pertaining to child welfare and child protection.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
