HOUSE OF REPRESENTATIVES	H.C.R. NO.	21
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE COMMITTEES ON HUMAN SERVICES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES TO CONVENE A TASK FORCE during the interim TO further STUDY AND MAKE RECOMMENDATIONS REGARDING ISSUES IDENTIFIED BY THE TEMPORARY RESTRAINING ORDERS COMMITTEE.

     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 Temporary Restraining Orders 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 need to further study certain outstanding issues related to temporary restraining orders in the Hawaii State Family Court; and

     WHEREAS, the Temporary Restraining Orders Committee found that:

     (1)  Temporary restraining orders should address the issue of minors in greater detail, to wit:

          (A)  A temporary restraining order should provide notice to the petitioner and respondent that at the first Order to Show Cause hearing, the court will have authority to enter a temporary ninety day emergency order regarding any child-in-common that addresses relevant issues of child support, housing, health insurance, transportation, and visitation by the non‑custodial parent; and

          (B)  The temporary order should not be used as evidence in subsequent legal proceedings;

     (2)  The Ex Parte Petition for a Temporary Restraining Order for Protection should request a narrative of the "threats of abuse to the child," explain that "threats of abuse" include the acts of abuse described in chapter 586, Hawaii Revised Statutes, and list those examples of abuse;

     (3)  The Ex Parte Petition for a Temporary Restraining Order for Protection form should also be modified to request:

          (A)  Information on the parties' legal relationship to the child;

          (B)  Whether there has been agency contact and if so, it should be specified;

          (C)  Whether there are any other known legal actions regarding the child or the parties; and

     (4)  There is a need to provide better information to the Family Court Judge; 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 Committees on Human Services of the Senate and the House of Representatives are requested to convene a task force during the interim to further study and make recommendations regarding the issues identified by the Temporary Restraining Orders Committee; and

     BE IT FURTHER RESOLVED that the task force should include one representative of the Judiciary, the legal community, a children's advocacy organization, a social work organization, a domestic violence organization, an organization representing the interests of petitioners, and an organization representing the interests of respondents; and

     BE IT FURTHER RESOLVED that the task force is requested to submit a report, including any proposed 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 certified copies of this Concurrent Resolution be transmitted to the President of the Senate, the Speaker of the House of Representatives, the Chair of the Senate Committee on Human Services, the Chair of the House Committee on Human Services, and the Chief Justice.

OFFERED BY:

_____________________________

Report Title: 

Family Court; Temporary Restraining Orders Task Force