STAND. COM. REP. NO. 1807

Honolulu, Hawaii

RE:    S.C.R. No. 9

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 9 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE OFFICE OF THE AUDITOR TO ASSESS THE FAMILY COURT'S HANDLING OF DOMESTIC VIOLENCE MATTERS IN THE FIRST CIRCUIT FAMILY COURT,"

begs leave to report as follows:

     The purpose of this measure is to request the Office of the Auditor to assess the handling of domestic violence matters in the Family Court of the First Judicial Circuit (Family Court).

Specifically, the Office of the Auditor is requested to:

(1)  Examine the Family Court's current policies, procedures, and operations for screening or assessing child custody matters involving domestic violence;

(2)  Examine the Family Court's current policies, procedures, and operations that address child custody matters involving criminal and civil domestic violence cases; and

(3)  Establish findings and develop recommendations on how the Family Court may better serve litigants and children involved in domestic violence related child custody cases.

     The Judiciary submitted comments on this measure.

     Your Committee finds that domestic abuse protective orders are heard in the Family Court on a separate court docket, pursuant to chapter 586, Hawaii Revised Statutes.  However, during interim hearings conducted by the Standing Committees of the Senate and House of Representatives having oversight over Human Services, the need for screening and assessing child custody matters involving domestic violence was identified.  The possible establishment of a separate domestic violence court was also proposed.

This measure will help to determine whether Hawaii's state court system is following best practices in the area of child custody matters involving domestic violence and whether the establishment of a separate domestic violence court would better serve the needs of the community.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 9 and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

ROSALYN H. BAKER, Chair