Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred H.B. No. 1538 entitled:

begs leave to report as follows:

The purpose of this measure is to standardize Hawaii's child custody laws with those found in other states by enacting the Uniform Child Custody Jurisdiction and Enforcement Act.

Testimony in support of this measure was submitted by the Hawaii State Coalition Against Domestic Violence, Domestic Violence Clearinghouse and Legal Hotline, and Hawaii Commission on Uniform State Laws. The Judiciary submitted comments on this measure.

Your Committee finds that this new Act is necessary to provide uniformity of laws among the states in child custody determinations. The Uniform Child Custody Jurisdiction and Enforcement Act of 1997 (UCCJEA) replaces the Uniform Child Custody Jurisdiction Act of 1968 (UCCJA). Both Acts were a product of the Uniform Law Commissioners of which Hawaii is a member. The new Act not only updates the UCCJA, it also contains new provisions. Specifically, the UCCJEA eliminates the differences between the 1968 enactment and the federal Parental Kidnapping Prevention Act, enhances home state custody continuing exclusive jurisdiction, authorizes enforcement proceedings in a state other than the state issuing the custody order, authorizes prosecutors to locate the child and enforce custody orders, and provides uniformity among the states which is necessary with a mobile population.

Your Committee has amended this measure by replacing its entire contents with S.B. No. 725, S.D. 1, a companion measure which adopts the Domestic Violence Clearing House and Legal Hotline amendments to enhance the privacy of information, effectiveness of enforcement, and protection of the best interest of the child. For enforcement purposes, it also adds as an option the Attorney General for prosecution because they are the department that handles more missing and kidnapped child cases.

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. 1538, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1538, S.D. 1, and be referred to the Committee on Judiciary.