STAND. COM. REP. NO. 3166

Honolulu, Hawaii

RE: S.B. No. 2677

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2677 entitled:

"A BILL FOR AN ACT RELATING TO SPECIAL IMMIGRANT JUVENILE STATUS,"

begs leave to report as follows:

The purpose and intent of this measure is to grant the family court jurisdiction concerning custody or guardianship of an immigrant child pursuant to a motion for special immigrant juvenile factual findings requesting a determination that the child was abused, neglected, or abandoned before the age of eighteen years for purposes of the federal Immigration and Nationality Act.

Your Committee received testimony in support of this measure from the Hawaii State Judiciary, Department of Human Services, Filipina Advocacy Network, Pono Hawai‘i Initiative, Japanese American Citizens League, The Legal Clinic, and seven individuals. Your Committee received testimony in opposition to this measure from one individual.

Your Committee finds that federal law provides protections to individuals classified as special immigrant juveniles and consistent with the practices of other states, the State may assist individuals in claiming special immigrant juvenile status by clarifying that family court has jurisdiction over unmarried individuals under twenty-one years of age for purposes of awarding custody or guardianship pursuant to a motion for factual findings within the meaning of the Immigration and Nationality Act.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2677 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair