STAND. COM. REP. NO. 852

Honolulu, Hawaii

RE: S.B. No. 406

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 406, S.D. 1, 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) Allow the court to award reasonable visitation rights to a petitioning grandparent of a minor child when the child's parent is unable to exercise parental visitation due to death or incarceration and denial of reasonable grandparent visitation rights would cause significant harm to the child;

(2) Set forth procedures, considerations, and standards for the court to grant grandparent visitation rights; and

(3) Specify that any person who violates the terms and conditions of a court order granting reasonable grandparent visitation rights may be held in contempt of court.

Your Committee received testimony in support of this measure from twelve individuals.

Your Committee finds that the incarceration or death of a parent is a highly traumatic experience for a child. Your Committee believes that grandparents can give critical support to children to help them recover from the loss of a parent by providing the child with cultural and ancestorial lessons, important familial medical history, and a sense of belonging. This measure will support children suffering from the traumatic experience of losing a parent by allowing courts to award reasonable visitation rights to a grandparent of a minor child when the child's parent is unable to exercise parental visitation due to death or incarceration.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 406, S.D. 1, and recommends that it pass Third Reading.

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

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KARL RHOADS, Chair