STAND. COM. REP. NO. 3170

 

Honolulu, Hawaii

                   

 

RE:     H.B. No. 1962

        H.D. 2

        S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Sir:

 

     Your Committee on Health and Human Services, to which was referred H.B. No. 1962, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO FAMILY,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Establish an exemption from mediation in parentage proceedings where there are allegations of domestic abuse; and

 

     (2)  Clarify the exemption from mediation in divorce proceedings as it relates to domestic abuse.

 

     Your Committee received testimony in support of this measure from the Judiciary, Hawaii State Commission on the Status of Women, Hawaii Women's Coalition, Commission to Promote Uniform Laws, Hawaiʻi Children's Action Network Speaks!, Hawaiʻi Women Lawyers, and Hawaiʻi State Coalition Against Domestic Violence.

 

     Your Committee finds that mandatory mediation can place a survivor in close contact with their alleged abuser, which can hinder fair outcomes regarding custody, parenting time, or child support.  Your Committee further finds that allowing survivors to opt out of mediation protects them from potentially dangerous face-to-face encounters with their alleged abuser and prioritizes the physical and emotional well-being of children who may also be at risk.  This measure prioritizes the safety and autonomy of alleged victims of domestic abuse, aligning with established best practices in trauma-informed and survivor-centered legal processes.

 

Your Committee has amended this measure by:

 

     (1)  Making it effective upon its approval; and

 

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

 

     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. 1962, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1962, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.

 

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

 

 

 

________________________________

JOY A. SAN BUENAVENTURA, Chair