STAND. COM. REP. NO. 1260

Honolulu, Hawaii

RE: H.B. No. 841

H.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred H.B. No. 841, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS,"

begs leave to report as follows:

The purpose and intent of this measure is to require domestic abuse protective order cases to be reported to the Department of Human Services when the case involves allegations of child abuse or neglect, rather than allegations of domestic abuse.

Your Committee received testimony in support of this measure from the Department of Human Services, Judiciary, Hawai‘i State Coalition Against Domestic Violence, Domestic Violence Action Center, Hawaii Coalition for Child Protective Reform, and one individual.

Your Committee finds that the automatic referral of domestic abuse protective order cases to the Department of Human Services' Child Welfare Services Branch can deter parents of children experiencing domestic violence from pursuing a temporary restraining order against abusers. Abusers often use the threat of child removal or custody to dissuade victims from reporting domestic violence, and Child Welfare Services Branch investigations often cause domestic violence survivors further traumatization and victimization. This measure supports domestic violence survivors by limiting the scope of cases required for referral to the Department of Human Services, and reserves the Department's resources for investigations of reports of child abuse.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 841, H.D. 2, and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

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JOY A. SAN BUENAVENTURA, Chair