STAND. COM. REP. NO. 520

Honolulu, Hawaii

RE:    S.B. No. 108

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 108 entitled:

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

begs leave to report as follows:

     The purpose of this measure is to clarify the Uniform Probate Code provisions on guardianship by increasing the time in which a court may appoint a temporary guardian from six to twelve months.

     Your Committee received testimony in support of this measure from the Judiciary and Legal Aid Society of Hawaii.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     This measure addresses the problem wherein temporary caretakers who are in the military and who initiate guardianship actions are currently unable to obtain any medical benefits for the children in their care because federal law requires that the guardian have a custody order for at least twelve consecutive months.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 108 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair