STAND. COM. REP. NO. 929

Honolulu, Hawaii

, 2023

RE: H.B. No. 618

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. 618 entitled:

"A BILL FOR AN ACT RELATING TO FAMILY,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish an exemption from mediation in paternity proceedings where there are allegations of domestic abuse and the party alleging the domestic abuse does not wish to participate;

(2) Prohibit a mediator from engaging in mediation where there are allegations of domestic abuse, unless certain requirements are met;

(3) Prohibit the Family Court from requiring mediation in paternity proceedings if there is a temporary restraining order or protective order in effect and the party alleging domestic abuse does not wish to participate; and

(4) Allow the Family Court to order mediation in paternity proceedings where there is no temporary restraining order or protective order in effect, under certain circumstances.

Your Committee received testimony in support of this measure from the Judiciary, Hawai‘i State Coalition Against Domestic Violence, Hawai‘i Women's Coalition, Hawai‘i Children's Action Network Speaks!, and ten individuals.

Your Committee finds that this measure seeks to protect an alleged victim of domestic abuse from being required to participate in contested paternity proceedings against the person's wishes and provides safeguards for an alleged victim of domestic abuse who authorizes mediation to proceed. Your Committee concurs with the Judiciary's position that this measure balances the autonomy of parties who allege domestic abuse in paternity cases to choose to exercise mediation opportunities and applies to these cases the many protections afforded to parties in divorce cases that involve allegations of domestic abuse.

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. 618 and recommends that it pass Third Reading.

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

____________________________

DAVID A. TARNAS, Chair