THE SENATE	S.B. NO.	45
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to Minors.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that adolescence can be a challenging time for young people.  During this stage of life, adolescents are navigating new experiences while encountering potential changes in their social spheres, including their relationships with peers and family members.  Adolescents' romantic relationships can cause tension between family members, such as when parents do not want their child to date, advise their child against entering into a relationship with a particular person, or express disapproval of their child's dating relationship.  It is not uncommon for some adolescents to keep private the details, in particular any problems or challenges, of their romantic relationships.

     The legislature also finds that adolescents in abusive romantic relationships that were entered into without parental approval may be reluctant to approach their parents for assistance.  Some adolescents have the option of seeking the help of another trusted adult who is not their parent, such as a school counselor or domestic violence victim advocate.  This other person may be able to help obtain a protective order when it is necessary for the adolescent's safety and protection.

     The purpose of this Act is to provide an additional means for minors to petition the court for an order for protection.

     SECTION 2.  Section 586-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  A petition for relief under this chapter may be made by:

     (1)  Any family or household member on the member's own behalf or on behalf of a family or household member who is a minor or who is an incapacitated person as defined in section 560:5-102 or who is physically unable to go to the appropriate place to complete or file the petition; [or]

     (2)  Any state agency on behalf of a person who is a minor or who is an incapacitated person as defined in section 560:5-102 or a person who is physically unable to go to the appropriate place to complete or file the petition on behalf of that person[.]; or

     (3)  A school counselor, domestic violence victim advocate, or other mental health professional licensed by the State, in the case of a minor, as defined in section 560:5-102, whose parent or legal guardian is unable to petition on the minor's behalf; provided that the petition is accompanied by a declaration stating that:

          (A)  The petition is necessary for the minor's safety and is in the minor's best interest;

          (B)  The minor's parent or legal guardian is unable to petition on the minor's behalf; and

          (C)  The minor is otherwise able to meet the requirements of this chapter for issuance of a protective order;

          provided further that the person may include in the declaration or petition any additional information in support of the foregoing statements."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on December 31, 2050.

 

 

 

Report Title:

Domestic Abuse; Protective Orders; Petition; Minors

 

Description:

Allows a school counselor, domestic violence victim advocate, or other mental health professional licensed by the State to petition for a protective order on a minor's behalf when the minor's parent or guardian is unable to submit a petition.  Effective 12/31/2050.  (SD1)

 

 

 

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