STAND. COM. REP. NO. 2492

Honolulu, Hawaii

RE:    S.B. No. 2223

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2223 entitled:

"A BILL FOR AN ACT RELATING TO CHANGE OF NAME,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow a family court to change the name of a minor child in a divorce proceeding of the parents if the child was the victim of child sexual abuse by either parent or if the court determines that the name change is in the best interests of the child when there has been no conviction of a parent for sexual abuse.

     Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women, Sex Abuse Treatment Center, Rainbow Family 808, and one individual.  Your Committee received comments on this measure from one individual.

     Your Committee finds that child abuse can have long-term impacts.  The Sex Abuse Treatment Center testified that survivors of child abuse may experience emotions, such as fear, guilt, anger, and confusion, well after the sexual abuse occurred.  Survivors may also experience a loss of self-esteem or depression and anxiety and may be at high risk for suicide, eating disorders, substance abuse, and difficulties in maintaining relationships.  The Sex Abuse Treatment Center also testified that in cases of intrafamilial sexual abuse, the effects can be even more pervasive for the survivor because the abuse was perpetrated by a person who should have been a caretaker and protector of the survivor rather than one who hurt, violated, or exploited the survivor.  This measure allows a family court to change the name of a minor child in a divorce proceeding, so that the minor child's name at the time of the sexual abuse does not serve as a constant reminder of the sexual abuse.  However, your Committee suggests that in making such a finding, the court consider names that have a genealogical link to the minor as a means to assist in any future efforts to reunify the family.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2223 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair