STAND. COM. REP. NO. 1334-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 2397

S.D. 2

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 2397, S.D. 2, H.D. 1, 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 who wish to act or continue acting as a child custody evaluator to complete a training course on domestic violence issues every three years; and

(2) Establish requirements for the training course and submitting or providing proof of completion.

Your Committee received testimony in support of this measure from the Hawai‘i State Coalition Against Domestic Violence, Domestic Violence Action Center, Women's Caucus of the Democratic Party of Hawai‘i, Parents and Children Together, and two individuals. Your Committee received comments on this measure from the Judiciary.

Your Committee finds that the family court may appoint a child custody evaluator from a list of qualified individuals to investigate a child custody dispute. Child custody evaluators typically provide written reports to the court, and sometimes testify at hearings or at trials. Your Committee further finds that child custody evaluators, who work before the family court, have an impact on the safety and well-being of children and families and therefore need to understand the dynamics of domestic violence. This measure requires child custody evaluators to complete a training course on domestic violence issues to equip them with relevant knowledge about domestic violence issues to serve in the best interests of the children.

Your Committee has amended this measure by:

(1) Deleting the requirement that the domestic violence program providing the training course be nationally accredited; and

(2) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2397, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 2397, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair