Report Title:

Family Court; Open Hearings; Perjury

Description:

Eliminates closed hearings in Family Court Child Protective Services (CPS) matters. Allows parents involved in CPS matters to bring a non-lawyer advocate to hearings. Requires the Supreme Court to review Family Court judges. Requires Family Court judges to enforce perjury statutes. (SD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1980

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to family court.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§571-   Family court judge review. The chief justice shall:

(1) Establish a system of biennial review of each family court judge to ensure the overall integrity of the system of family courts;

(2) Adopt procedures and guidelines for family court judge review; and

(3) Report to the legislature its procedures and guidelines no later than twenty days prior to the regular session of 2005."

SECTION 2. Section 571-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Except as provided in section 571-84.6, the general public shall be excluded and only such persons admitted whose presence is requested by the parent or guardian or as the judge or district family judge finds to have a direct interest in the case, from the standpoint of the best interests of the child involved, or in the work of the court; provided that [the]:

(1) This exclusion shall not apply to hearings initiated pursuant to section 571-11(9), which shall be open to the general public, subject to the request of a parent, or the child through the child's guardian ad litem, that the hearing be confidential. If a decision is made to close the hearing, the judge shall first make a determination on the record that the closure is in the best interest of the child;

(2) Each parent shall be allowed to bring in an advocate of the parent's choice, who need not be a licensed attorney. The advocate shall not be reimbursed by the State for any fees or expenses incurred as a result of representation, and the advocate shall have:

(A) Appropriate training in the areas of child abuse, neglect, and development;

(B) Basic medical and psychological concepts;

(C) A range of knowledge of appropriate community services and at least a basic understanding of the reasoning behind the community services; and

(D) Demonstrate to the court an absence of any personal stake in the protection of the child and a desire to foster the healing and rehabilitation of the child; and

(2) The victim of the alleged violation and all other witnesses who are [less] younger than eighteen years of age[,] shall be entitled to have parents, guardians, or one other adult and may have an attorney present while testifying at or otherwise attending a hearing initiated pursuant to section 571-11(1) or 571-11(2).

Prior to the start of a hearing, the parents, guardian, or legal custodian, and, when appropriate, the child, the child victim, or witness shall be notified of the right to be represented by counsel and the right to remain silent."

SECTION 3. The legislature finds that witnesses, social workers, and parties have perjured themselves in family court. All judges of the family courts shall strictly enforce sections 571-55, 571-56, and 571-57, Hawaii Revised Statutes, and refer any instances of such violations to the appropriate county prosecuting attorney for further action.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2005.