STAND. COM. REP. NO. 1119-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 2397

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Health, Human Services, & Homelessness, to which was referred S.B. No. 2397, S.D. 2, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Require certain individuals attempting to serve as child custody evaluators to complete a training course on domestic violence issues, developed and facilitated by the Hawaii State Coalition Against Domestic Violence, every three years; and

(2) Require individuals to submit a letter or certificate of completion to the family court.

Your Committee received testimony in support of this measure from the Hawaii State Democratic Women's Caucus, Early Childhood Action Strategy, Hawai‘i State Coalition Against Domestic Violence, American Association of University Women of Hawai‘i, and two individuals. Your Committee received comments on this measure from the Judiciary and Domestic Violence Action Center.

Your Committee finds that in custody cases, domestic violence is often not identified at the outset of the case and is often not the reason for a child custody evaluation. Your Committee further finds that some child custody evaluators lack in-depth training and education on domestic violence, leading their recommendations to the courts on custody matters to be unduly affected and not in the best interests of children. This measure protects the health and safety of children in a custody situation by ensuring all child custody evaluators have the relevant knowledge about domestic violence issues.

Your Committee has amended this measure by:

(1) Requiring the mandatory domestic violence training course be developed and facilitated by a nationally accredited domestic violence program based in Hawaii, rather than by the Hawaii State Coalition Against Domestic Violence;

(2) Changing the effective date to July 1, 2060, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Health, Human Services, & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2397, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2397, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Health, Human Services, & Homelessness,

____________________________

RYAN I. YAMANE, Chair