HOUSE OF REPRESENTATIVES	H.C.R. NO.	17
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE JUDICIARY to IMPLEMENT A PILOT FAMILY COURT PARENTING PLAN MODEL PROGRAM in the first circuit family court.

     WHEREAS, in the 2006 Regular Session, the Senate and the House of Representatives adopted Senate Concurrent Resolution No. 52, S.D. 1, authorizing the Committees on Human Services of the Senate and the House of Representatives to convene interim hearings on the use of legal interventions available to the Family Court; and

     WHEREAS, during the course of the interim hearings, four committees were formed relating to Family Court Models, Family Court Sunshine and Accountability, Temporary Restraining Orders, and the Best Interests of the Child; and

     WHEREAS, after hours of hard work and meetings, the Family Court Models Committee submitted its findings and recommendations to the Committees on Human Services of the Senate and the House of Representatives, which adopted its recommendation regarding the implementation of a pilot program based on its Family Court Parenting Plan Model; and

     WHEREAS, the Family Court Models Committee found that:

     (1)  A process, known as the Family Court Parenting Plan Model, should exist to assist parents to develop a parenting plan without and prior to family court intervention;

     (2)  Child custody matters involving domestic violence should be exempt from the process and should be screened out at any time in addition to an initial screening before participation in the process;

     (3)  After the initial screening for domestic violence, parents should participate in an expanded version of Kids First that includes:

          (A)  Education about parenting after divorce;

          (B)  Parenting roles within one home and across homes;

          (C)  Optional advanced parenting education;

          (D)  An opportunity for children to provide their    activities schedules;

          (E)  An introduction to the concept of a parenting   plan; and

          (F)  An overview of divorce and paternity procedures;

     (4)  If the parents are unable to develop a parenting plan after participation in the expanded version of Kids First, the parents should meet with a Trained Parenting Plan Facilitator for a series of facilitations, if necessary, to assist with their development of a parenting plan;

     (5)  The Trained Parenting Plan Facilitator should be able to make confidential recommendations for services to either parent at any time in the process;

     (6)  The process should be confidential, non-adversarial, without the presence of attorneys, and the parents should have the same Trained Parenting Plan Facilitator throughout the process;

     (7)  If after participating in the process the parents still cannot develop a parenting plan, they should proceed to family court with any agreed upon issues standing and for resolution of the outstanding issues; and

     (8)  The parents should have the same judge throughout the child custody proceedings; and

     WHEREAS, a pilot program based on the Family Court Parenting Plan Model should be implemented on Oahu; and

     WHEREAS, parents' participation in the pilot program should be voluntary and the pilot program should limit the number of participants; and

     WHEREAS, the pilot program should be evaluated and modified if necessary before considering implementation on a mandatory basis; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the Judiciary is requested to implement a pilot program in the First Circuit Family Court based on the Family Court Parenting Plan Model; and

     BE IT FURTHER RESOLVED that the Judiciary is requested to contract with an external agency to establish the pilot program through a request for proposal in accordance with chapter 103F, Hawaii Revised Statutes; and

     BE IT FURTHER RESOLVED that the Judiciary is requested to submit its findings, including any recommendations for legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2008; and

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chief Justice.

OFFERED BY:

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Report Title: 

Judiciary; Family Court Parenting Plan Model