STAND. COM. REP. NO. 2933

Honolulu, Hawaii

RE:    S.C.R. No. 91

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committees on Human Services and Judiciary and Government Operations, to which was referred S.C.R. No. 91 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING AN AUDIT OF CHILD CUSTODY PROCEEDINGS INVOLVING THE COMMISSION OF FAMILY VIOLENCE BY A PARENT, TO ASSESS THE USE AND APPLICATION OF SECTION 571-46, HAWAII REVISED STATUTES,"

beg leave to report as follows:

     The purpose of this measure is to request an audit of child custody proceedings involving the commission of family violence by a parent to assess the use and application of the criteria and procedure in awarding custody and visitation.

     Testimony in support of this measure was submitted by The Center for Judicial Excellence, the Hawaii State Coalition Against Domestic Violence, Angel Group, and twenty-three individuals.  Comments on this measure were submitted by State of Hawaii Judiciary.  Written testimony presented to the Committees may be reviewed on the Legislature's website.

     Your Committees find that there appears to be numerous problems with the continuity and timeliness of custody and visitation orders in the State of Hawaii, and that some cases continue on for many years, some over decades.  Your Committees find that domestic violence between the parties changes the dynamic of the proceedings and often may change the custody determination.  Your Committees further find that it is more appropriate to utilize an investigating committee as opposed to an audit and that the investigation should be more focused.  Accordingly, your Committees have amended this measure by:

     (1)  Changing the audit to an investigating committee;

     (2)  Designating the Senate Human Services Committee as the investigating committee;

     (3)  Narrowing the scope of the investigation to look into only custody cases that involve domestic violence and that are contested;

     (4)  Requesting the Judiciary to assist the investigative committee in this endeavor; and

     (5)  Amending the title to conform to these changes.

     As affirmed by the records of votes of the members of your Committees on Human Services and Judiciary and Government Operations that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 91, as amended herein, and recommend that it be referred to the Committee on Ways and Means, in the form attached hereto as S.C.R. No. 91, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Human Services and Judiciary and Government Operations,

____________________________ BRIAN T. TANIGUCHI, Chair

____________________________ SUZANNE CHUN OAKLAND, Chair