Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 725 entitled:

begs leave to report as follows:

The purpose of this measure is to enact a new Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA).

Your Committee received testimony in support of this measure from the Hawaii Commission on Uniform State Laws, Domestic Violence Clearinghouse and Legal Hotline (Clearinghouse), and a private citizen. The Judiciary submitted comments.

The Uniform Child Custody Jurisdiction and Enforcement Act of 1997 (UCCJEA) replaces the Uniform Child Custody Jurisdiction Act of 1968. Both Acts were a product of the Uniform Law Commissioners of which Hawaii is a member. 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 on the recommendation of the Clearinghouse to enhance the privacy of information, effectiveness of enforcement, and protection of the best interests of the child. Your Committee has also changed the effective date to July 1, 2050, in the interests of continuing the consideration of this measure in the hopes that the interested parties can reach a consensus on changes to the language before the adjournment of this legislative session.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 725, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 725, S.D. 1, and be placed on the calendar for Third Reading.