STAND. COM. REP. NO. 306

Honolulu, Hawaii

RE: S.B. No. 45

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 Health and Human Services, to which was referred S.B. No. 45 entitled:

"A BILL FOR AN ACT RELATING TO MINORS,"

begs leave to report as follows:

The purpose and intent of this measure is to provide an additional means for minors to petition for a protective order in cases of domestic abuse by allowing a school counselor, domestic violence victim advocate, or other mental health professional licensed by the State to file the petition with the court on behalf of a minor when the minor's parent or guardian is unwilling or unable to do so.

Your Committee received testimony in support of this measure from three individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Education, Hawai‘i State Coalition Against Domestic Violence, and Domestic Violence Action Center.

Your Committee finds that existing law gives a minor two ways of petitioning the court for an order for protection in cases of domestic abuse -- through the minor's family or household member or through a state agency. Your Committee finds, however, that some minors in abusive romantic relationships may be reluctant to ask their parents, families, or a state agency for assistance but may be willing to accept help from other trusted adults, such as school counselors, domestic violence victim advocates, and mental health professionals. This measure will allow these adults to file a petition for a protective order on the minor's behalf when the minor's parent or guardian is unwilling or unable to submit a petition.

Your Committee notes testimony raising concerns over the difficulty of establishing a parent or guardian's "unwillingness" to file a petition for a protective order on behalf of a minor. Amendments to this measure are therefore necessary to address this concern.

Accordingly, your Committee has amended this measure by:

(1) Clarifying that school counselors, domestic violence victim advocates, or other mental health professionals licensed by the State may petition for a protective order on a minor's behalf only when the minor's parent or legal guardian is unable to petition on the minor's behalf;

(2) Inserting an effective date of December 31, 2050, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 45, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 45, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________

JOY A. SAN BUENAVENTURA, Chair