STAND. COM. REP. NO.2517
Honolulu, Hawaii
, 2002
RE: S.B. No. 2523
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 2523 entitled:
"A BILL FOR AN ACT RELATING TO THE UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT,"
begs leave to report as follows:
The purpose of this measure is to enact the Uniform Child-Custody Jurisdiction and Enforcement Act of 1997 (UCCJEA).
Testimony in support of this measure was received from the Judiciary, Honolulu Prosecuting Attorney, Hawaii State Coalition Against Domestic Violence, Domestic Violence Clearinghouse and Legal Hotline, and the Commission to Promote Uniform State Laws.
The UCCJEA replaces the Uniform Child Custody Jurisdiction Act of 1968, codified as chapter 583, Hawaii Revised Statutes. This measure:
(1) Eliminates the differences between the 1968 enactment and the federal Parental Kidnapping Prevention Act;
(2) Enhances home state custody continuing exclusive jurisdiction;
(3) Authorizes enforcement proceedings in a state other than the state issuing the custody order;
(4) Authorizes prosecutors to locate the child and enforce custody orders; and
(5) Provides uniformity among the states which is necessary for a mobile population.
This measure is intended to address the common situation today whereby a mobile population has resulted in jurisdictional conflicts among states which often works to the detriment of enforcing child custody orders. This measure would allow one state to modify and enforce another state's order, under certain circumstances. According to testimony, this measure has important implications in domestic violence situations that often result from child custody disputes.
Your Committee has amended this measure on the recommendation of the Judiciary by:
(1) Clarifying the definition of "record" to allow the court greater flexibility in operations;
(2) Making the language relating to findings concerning the health and safety of the child, consistent with the language of the Uniform Interstate Family and Support Act, chapter 576B, Hawaii Revised Statutes; and
(3) Requiring the court to hold the hearing on the petition after not less than 48 hours notice to the respondent, rather than on the first judicial day possible because of the scheduling difficulties for the court.
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. 2523, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2523, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ BRIAN KANNO, Chair |
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