STAND. COM. REP. NO. 1088

Honolulu, Hawaii

, 2023

RE: H.B. No. 581

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 581, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHILD CUSTODY,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require certain individuals attempting to serve as child custody evaluators to complete a training course on the dynamics of domestic violence every three years and submit a letter or certificate of completion of the training course to the Family Court; and

(2) Establish standards for evaluations and reports by child custody evaluators in contested custody dispute cases.

Your Committee received testimony in support of this measure from the Hawai‘i State Coalition Against Domestic Violence, Hawai‘i Children's Action Network Speaks!, Hawaii Women's Coalition, and two individuals. Your Committee received testimony in opposition to this measure from the Judiciary, Hawaii Coalition for Child Protective Reform, and one individual. Your Committee received comments on this measure from one individual.

Your Committee finds that professionals who work before the Family Court and who have an impact on the safety and well-being of children and families need to understand the dynamics of domestic violence, including its lethality, subtlety, and prevalence. This measure ensures that child custody evaluators receive continuing education on the dynamics of domestic violence to better protect the interests of children who are the subject of child custody proceedings.

Your Committee has amended this measure by:

(1) Deleting language that would have established standards for evaluations and reports by child custody evaluators in contested custody dispute cases; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 581, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 581, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair