Bill Text: HI SB944 | 2012 | Regular Session | Amended

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Bill Title: Children; Family Court

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB944 Detail]

Download: Hawaii-2012-SB944-Amended.html

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STAND. COM. REP. NO. 259

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 944

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred S.B. No. 944 entitled:

 

"A BILL FOR AN ACT RELATING TO CHILDREN,"

 

begs leave to report as follows:

 

     The purpose of this measure is to replace the term "visitation" with the term "parenting time" only within those sections that pertain to child custody, care, and maintenance between children and their parents, and to add the term "parenting time" to those sections that reference the term "visitation" and pertain to child custody, care, and maintenance between children and any other appropriate parties.  The intent of this measure is to encourage a more positive approach to parenting situations where a child does not live with both parents.

 

     Your Committee received testimony in support of this measure from the Family Law Section of the Hawaii State Bar Association, Hawai‘i Coalition for Dads, and three individuals.  Your Committee received testimony in opposition to this measure from the Department of Human Services, AngelGroup, and three individuals.

 

     Your Committee finds that children benefit from positive relationships with their parents, and it is widely recognized that children are more likely to thrive with support, guidance, and nurturing from both parents.

 

     Your Committee further finds that the term "visitation" has developed a negative connotation in divorce, paternity, and custody actions.  Substituting "parenting time" in place of "visitation" will remove the negative stigma associated with being the non-custodial parent in divorce, paternity, and custody proceedings, and will facilitate settlements that are in the best interests of the children involved.

 

     Your Committee has heard the concerns regarding changing the definition of "visitation" in chapter 587A, Hawaii Revised Statutes, the Child Protective Act, which could result in this chapter becoming inconsistent with federal Title IV-E requirements.  Your Committee notes that inconsistencies between federal and state law could affect federal funding.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Deleting the amendment to:

 

          (A)  Section 587A-15, Hawaii Revised Statutes, relating to duties, rights, and liability of authorized agencies;

 

          (B)  Section 587A-26, Hawaii Revised Statutes, relating to temporary foster custody hearings;

 

          (C)  Section 587A-28, Hawaii Revised Statutes, relating to return hearings; and

 

          (D)  Section 587A-30, Hawaii Revised Statutes, relating to periodic review hearings; and

 

     (2)  Making conforming amendments to accurately reflect the purpose of the amended measure;

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 944, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 944, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

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

 

____________________________ SUZANNE CHUN OAKLAND, Chair