Report Title:

Domestic Violence; Protection of Children

Description:

Enacts a new chapter for the enhanced protection of children of domestic violence; makes appropriations.

THE SENATE

S.B. NO.

2614

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to protection of children in domestic violence.

 

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

SECTION 1. The legislature finds that domestic violence affects not only the abused partner, but also children in the home. This fact is borne out by the recent report of the National Conference of State Legislatures (NCSL), "When Violence Hits Home: Domestic Abuse and Families".

According to the NCSL Report, among other things:

(1) When there is partner abuse, there is a higher likelihood that children are also abused or neglected. Studies estimate that in thirty to sixty per cent of homes where domestic violence occurs, child abuse and neglect also occur. Even when the children are not being directly maltreated, they are affected by the emotional and psychological trauma of witnessing the violence;

(2) Men who batter their partners also are more likely to abuse children in the home. Victims of domestic violence may be less emotionally available to their children, because they are often preoccupied with emotional and psychological trauma and with protecting themselves and the children; and

(3) Boys who are raised in circumstances of domestic violence are more likely to become batterers as adults. Girls who are exposed to domestic violence are likely to become victims of domestic abuse as adults.

The purpose of this Act is to implement the recommendations of the NCSL to enhance the protection of children of domestic abuse.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

ENHANCED PROTECTION OF CHILDREN OF DOMESTIC ABUSE

§   -1 Purpose; application; relation to other laws. The purpose of this chapter is to enhance the protection of children in domestic abuse situations.

This chapter applies to any situation of domestic abuse, as defined in section 586-1, involving a child, as defined in section 587-2, including any situation under section 709-906.

The provisions of this chapter shall be in addition to, and not exclusive of, other provisions of law relating to the protection of children.

§   -2 Cross-training of social workers. The judiciary and the department of human services shall jointly develop and implement a mandatory program of cross-training for child protection social workers, family court social workers, guardians ad litem, police officers, law enforcement authorities, and others involved with child protection. The purpose of the program shall to:

(1) Provide them with instruction about domestic abuse and the effect of domestic abuse on children; and

(2) Provide them with information about ways to assist victims of domestic abuse and the resources available in the community.

The mandatory program of cross-training shall bring together workers from different disciplines to learn from one another and to build better relationships among them.

§   -3 Co-location of social services. Within budgetary restrictions, the judiciary and the department of human services shall locate all services, including domestic abuse advocates, in the same location, including public assistance offices. To the greatest extent possible, domestic abuse advocates shall be located in child welfare and public assistance offices to screen families for domestic abuse and to provide needed services.

The purpose of co-location of social services shall be to increase the discovery of violence that may go undetected and to provide appropriate interventions.

§   -4 Funding pilot programs. Within budgetary restrictions, including securing federal funding, if any, the judiciary and the department of human services shall include in their respective budgets funds to provide supervised visitation centers, co-location of service providers, services to children in families with domestic abuse, family violence shelters and shelter services, and children's services for child abuse prevention services with priority given to children residing in households where domestic abuse occurs.

§   -5 Counseling and services for children. A child, as defined in section 587-2, who is the subject of a proceeding under chapter 587, section 709-906, or section    -7, shall be afforded the opportunity to receive psychological evaluation or psychological counseling, or both, for emotional trauma suffered by the child as a result of a physical injury inflicted by domestic violence. The judiciary or the department of human services, as appropriate, shall make the referral to a private provider. The cost of the services shall be borne by the parent of the child to the extent the parent can afford to pay, including insurance, and then by the State from general funds or federal funds, or both.

§   -6 Certification standards for domestic abuse intervention programs. Any domestic abuse intervention program, including domestic violence intervention programs under section 709-906(6), shall meet certification standards established by the judiciary. The standards, at a minimum, shall ensure that a private provider of services provides appropriate parenting training and instruction about the effects of domestic abuse on children.

Any referral authorized by law for domestic abuse intervention shall be made to a certified intervention program.

§   -7 Authority to order batterer from home. (a) A social worker in the employ of the judiciary or the department of human services working as a case worker on a particular case may lawfully order the perpetrator of domestic abuse in that particular case to leave the premises immediately for a separation of twenty-four hours, if the case worker has reasonable grounds to believe that there was physical abuse or harm inflicted by the perpetrator upon a child in the household, and there is probable danger of further physical abuse or harm being inflicted by one person upon the child.

(b) During the twenty-four hour period under subsection (a), the perpetrator shall not initiate any contact, either by telephone or in person, with the child and shall not re-enter the premises.

(c) The order by the case worker for the perpetrator to leave the premises under subsection (a) shall take effect as follows: where the case worker takes the action after 12:00 p.m. on any Friday, or on any Saturday, Sunday, or legal holiday, the order to leave the premises shall commence immediately and be in full force, but the twenty-four hour period shall be enlarged and extended until 4:30 p.m. on the first day following the weekend or legal holiday.

(d) It shall be a misdemeanor for the perpetrator to refuse to comply with the order of the case worker to leave the premises or to return to the premises before the expiration of the period of separation, or if so ordered, to initiate any contact with the abused child. The case worker shall report the violation to the police who shall forthwith and immediately place the perpetrator under arrest.

(e) This section shall not:

(1) Operate as a bar against prosecution under any other section of the penal code; or

(2) Preclude any action on behalf of the abused child to pursue any other remedy under law or in equity.

§   -8 Hawaii domestic violence task force; establishment. (a) There is established the Hawaii domestic violence task force, to be attached to the judiciary for administrative purposes.

(b) Membership of the Hawaii domestic violence task force shall include:

(1) Director of human services, ex officio, to serve as the chair;

(2) Director of health, ex officio, or designee;

(3) Superintendent of education, ex officio, or designee;

(4) Executive director of the office of youth services, ex officio, or designee;

(5) One family court representative, ex officio;

(6) One representative of the county prosecutors, ex officio;

(7) Two representatives from the department of human services, child protection services unit, ex-officio;

(8) One representative from blueprint for change;

(9) One representative from each neighborhood place;

(10) One representative from a community service organization, with experience in child welfare services;

(11) One representative from a child abuse diversion services contractor;

(12) One representative from the Hawaii children's trust fund of the Hawaii Community Foundation;

(13) One representative from an adoption agency;

(14) One representative from a substance abuse services provider;

(15) One representative from the domestic violence clearinghouse and legal hotline; and

(16) Two at-large representatives from the general public.

Members who are not ex-officio shall be appointed by the governor with not less than one member of the task force from each county. Members shall serve without compensation but shall be reimbursed for travel and other expenses related to the performance of their duties, and be subject to section 26-34. Ex-officio members shall be exempt from senate confirmation under section 26-34.

(c) The Hawaii domestic violence task force shall facilitate public, private, and community agency discussions concerning domestic violence, particularly as it relates to child abuse and neglect.

(d) The Hawaii domestic violence task force shall submit to the legislature an annual report of its activities and any recommendations, no later than twenty days before the convening of each regular session, beginning with the regular session of 2005."

SECTION 3. The judiciary and the department of human services shall prepare a joint report on the effects of this Act for submission to the legislature no later than twenty days before the convening of the regular sessions of 2006, 2007, 2008, and 2009. The report shall include, but not be limited to, matters covering statistics, outcomes, referrals, problems with implementation, funding, effectiveness, and recommendations, including recommendations for legislation.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for implementation and administration of this Act.

The sum appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for implementation and administration of this Act.

The sum appropriated shall be expended by the department of human services for the purposes of this Act.

SECTION 6. This Act shall take effect upon its approval; provided that sections 4 and 5 shall take effect on July 1, 2004.

INTRODUCED BY:

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