Report Title:
Family Court; Open Hearings; Non-lawyer Advocates
Description:
Requires open hearings in family court child protective services matters unless the parent of the child determines that open hearings are not in the best interests of the child. Allows parents to determine whether the presence of a non-lawyer advocate is in the best interests of the child.
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THE SENATE |
S.B. NO. |
572 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Family Court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Except as provided in section 571-84.6, the general public shall be excluded and only such persons admitted whose presence is requested by the parent or guardian or as the judge or district family judge finds to have a direct interest in the case, from the standpoint of the best interests of the child involved, or in the work of the court; provided that:
(1) [Upon request by a party, hearings] Hearings initiated pursuant to chapter 587 [may] shall be opened to the public [if a judge] unless a parent determines that doing so would not be in the best interests of the child;
(2) Parties involved in hearings initiated pursuant to chapter 587 shall be allowed to be accompanied by an adult advocate, intervenor, or an interested family member of the parent's choice to provide support, unless the [court] parent finds that the presence of the advocate would not be in the best interests of the child. The advocate, intervenor, or interested family member of the parent's choice need not be a licensed attorney. The State shall not be required to pay, directly or through reimbursement, for any fees, costs, or expenses related to the advocate. No person shall act as an advocate who has an interest in the matter beyond the protection of the child and the healing and rehabilitation of the family; and
(3) The victim of the alleged violation and all other witnesses who are younger than eighteen years of age shall be entitled to have parents, guardians, or one other adult and may have an attorney present while testifying at or otherwise attending a hearing initiated pursuant to section 571-11(1) or 571-11(2).
Prior to the start of a hearing, the parents, guardian, [or] legal custodian, advocates, intervenors, or interested family members and, when appropriate, the child, the child victim, or witness shall be notified of the right to be represented by counsel and the right to remain silent."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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