Bill Text: HI HR58 | 2022 | Regular Session | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-03-31 - Report adopted. referred to the committee(s) on JHA as amended in HD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Eli, Hashem, D. Kobayashi, Ohno excused (4). [HR58 Detail]

Download: Hawaii-2022-HR58-Amended.html

HOUSE OF REPRESENTATIVES

H.R. NO.

58

THIRTY-FIRST LEGISLATURE, 2022

H.D. 1

STATE OF HAWAII

 

 

 

 

 

HOUSE 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 House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, 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 member 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 Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court and Director of Human Services.

 

 

 

Report Title: 

Judiciary; Mandatory Referrals; Department of Human Services; Domestic Abuse; Study

feedback