STAND. COM. REP. NO. 842

Honolulu, Hawaii

RE:    H.B. No. 56

       H.D. 2

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Human Services, to which was referred H.B. No. 56, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CHILD VISITATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Permit the Family Court to award reasonable visitation to grandparents if the denial of visitation would cause significant demonstrable harm to the child;

     (2)  Establish a rebuttable presumption that visitation decisions made by a parent are in the best interests of the child; provided that the presumption may be rebutted by clear and convincing evidence; and

     (3)  Establish factors that the Court may consider in awarding visitation.

     Your Committee received testimony in support of this measure from the Texas Senate Committee on Veteran Affairs & Military Installations, Office of Hawaiian Affairs, Hawaii State Bar Association Family Law Section, and six individuals.  Your Committee received comments on this measure from two individuals.

     Your Committee finds that there is support for permitting reasonable visitation for a grandparent or grandparents with their minor grandchild.  Your Committee further finds that this measure addresses the issue of grandparent visitation rights.

     Your Committee has heard the concerns regarding an exemption for custody and visitation where issues of domestic violence are present.  Your Committee respectfully requests that your Committee on Judiciary and Labor evaluate whether the factors the Court may consider in awarding visitation, as proposed by this measure, appropriately address these concerns.

     Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 56, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 56, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Human Services,

____________________________

SUZANNE CHUN OAKLAND, Chair