THE SENATE	S.B. NO.	984
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to family.

 

 

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

 

     SECTION 1.  Chapter 584, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§584-     Domestic abuse; exemption from mediation in paternity proceedings.  (a)  In contested paternity proceedings where there are allegations of domestic abuse, the court shall not require a party alleging the domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (b)  A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of domestic abuse between the parties.  A mediator shall not engage in mediation when it appears to the mediator, or when either party asserts, that domestic abuse has occurred, unless:

     (1)  Mediation is authorized by the alleged victim of the domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse; and

     (3)  The alleged victim may have in attendance at mediation a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate. If the alleged victim chooses to exercise this option, any other party to the mediation may have in attendance at mediation a supporting person of that party's choice, including but not limited to an attorney or advocate.

     (c)  The court shall not require a party alleging domestic abuse to participate in any component of any mediation program against the wishes of that party if a temporary restraining order or a protective order is in effect with regard to the parties.

     (d)  If a party has alleged domestic abuse and a temporary restraining order or a protective order is not in effect with regard to the parties, the court may order mediation or refer either party to mediation only if:

     (1)  Mediation is authorized by the alleged victim of the domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse; and

     (3)  The alleged victim may have in attendance at mediation a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate. If the alleged victim chooses to exercise this option, any other party to the mediation may have in attendance at mediation a supporting person of that party's choice, including but not limited to an attorney or advocate.

     (e)  As used in this section, "domestic abuse" has the same meaning as in section 586-1."

     SECTION 2.  Section 580-41.5, Hawaii Revised Statutes, is amended to read as follows:

     "§580-41.5  [Battered spouses;] Domestic abuse; exemption from mediation in divorce proceedings.  (a)  In contested divorce proceedings where there are allegations of [spousal] domestic abuse, the court shall not require a party alleging the [spousal] domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (b)  A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of [family violence] domestic abuse between the parties.  A mediator shall not engage in mediation when it appears to the mediator or when either party asserts that [family violence] domestic abuse has occurred unless:

     (1)  Mediation is authorized by the alleged victim of the [alleged family violence;] domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in [family violence;] the field of domestic abuse; and

     (3)  The alleged victim [is permitted to] may have in attendance at mediation[,] a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate.  If the alleged victim chooses to exercise [such] this option, any other party to the mediation [will be permitted to] may have in attendance at mediation[,] a supporting person of [the] that party's choice, including but not limited to an attorney or advocate.

     (c)  In a proceeding concerning the custody or visitation of a child, if a temporary restraining order or a protective order is in effect[,] with regard to the parties, the court shall not require a party alleging [family violence] domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (d)  In a proceeding concerning the custody or visitation of a child, if [there is an allegation of family violence] a party has alleged domestic abuse and a temporary restraining order or a protective order is not in effect[,] with regard to the parties, the court may order mediation or refer either party to mediation only if:

     (1)  Mediation is authorized by the alleged victim of the [alleged family violence;] domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in [family violence;] the field of domestic abuse; and

     (3)  The alleged victim [is permitted to] may have in attendance at mediation[,] a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate.  If the alleged victim chooses to exercise [such] this option, any other party to the mediation [will be permitted to] may have in attendance at mediation[,] a supporting person of [the] that party's choice, including but not limited to an attorney or advocate.

     (e)  As used in this section, "domestic abuse" has the same meaning as in section 586-1."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

Report Title:

Paternity Proceedings; Divorce Proceedings; Domestic Abuse; Mediation

 

Description:

Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse if the party alleging domestic abuse does not wish to participate.  Prohibits a mediator from engaging in mediation where there are allegations of domestic abuse unless certain requisites are met.  Prohibits a court from requiring mediation in paternity proceedings if there is a temporary restraining order or a protective order in effect and the party alleging domestic abuse does not wish to participate.  Allows the court to order mediation in paternity proceedings where there are allegations of domestic abuse but there is no temporary restraining order or no protective order, under certain circumstances.  Replaces the term "family violence" with "domestic abuse" in section 580‑41.5, HRS.

 

 

 

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