HOUSE OF REPRESENTATIVES	H.B. NO.	448
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MINORS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that adolescence can be a challenging time for young people. During this stage of life, adolescents are navigating new experiences while encountering potential changes in their academic and social spheres, including their relationships with peers and family members. Many people begin dating during their teenage years. It is not uncommon for some adolescents to keep private the details of their romantic relationships, much less any problems or challenges they may be experiencing in those relationships. Parents may not want their child to date, and may advise against their child entering into a relationship with a particular person. A parent may also express disapproval of their minor child's dating relationship.

The legislature also finds that adolescents in abusive relationships, where the relationship was entered into without parental approval, may be reluctant to approach their parents for assistance. Some adolescents have the option of seeking the help of another trusted adult who is not their parent, such as a domestic violence victim advocate. This other person may be able to help in obtaining a restraining order when it is necessary for the adolescent's safety and protection. However, not all adolescents have access to such a person.

The purpose of this Act is to provide an additional means for a petition for a restraining order to be made on behalf of a minor in cases of domestic violence.

SECTION 2. Section 586-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A petition for relief under this chapter may be made by:

(1) Any family or household member on the member's own behalf or on behalf of a family or household member who is a minor or who is an incapacitated person as defined in section 560:5-102 or who is physically unable to go to the appropriate place to complete or file the petition; [or]

(2) Any state agency on behalf of a person who is a minor or who is an incapacitated person as defined in section 560:5-102 or a person who is physically unable to go to the appropriate place to complete or file the petition on behalf of that person[.]; or

(3) A domestic violence victim advocate or other mental health professional licensed by the State, in the case of a minor, as defined in section 560:5-102, whose parent or legal guardian is unwilling or unable to petition on the minor's behalf; provided that the petition is accompanied by a declaration stating that:

(A) The petition is necessary for the minor's safety and is in the minor's best interest;

(B) The minor's parent or legal guardian is unwilling or unable to petition on the minor's behalf; and

(C) The minor is otherwise able to meet the requirements of chapter 586 for issuance of a protective order;

provided further that the person may include in the declaration or petition any additional information in support of the foregoing statements."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

Report Title:

Domestic Abuse; Protective Orders; Petition; Minors

Description:

Provides that, subject to certain requirements, a domestic violence victim advocate or other mental health professional licensed by the State may petition for a protective order on a minor's behalf when the minor's parent or guardian is unwilling or unable to submit a petition.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.