HOUSE OF REPRESENTATIVES

H.C.R. NO.

22

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE COMMITTEES ON HUMAN SERVICES and the committees on judiciary OF THE SENATE AND THE HOUSE OF REPRESENTATIVES TO reCONVENE the scr 52 task force TO further STUDY recommendations made by the Scr 52 Task Force committees.

 

 


     WHEREAS, in the 2004 Regular Session, the Senate adopted Senate Resolution No. 40 authorizing the Senate Committee on Human Services to convene interim hearings on the Hawaii Family Court; and

 

     WHEREAS, the interim hearings were designed to explore ways to make the Hawaii Family Court more accessible and family oriented and focused on important issues relating to reduction in caseload, to limit the long-term use of interventions such as temporary restraining orders and protective orders, to ensure greater accountability of court-appointed personnel such as custody evaluators and guardians ad litem, and to examine ways to reduce needless expenditures of time and money in counterproductive litigation relating to child custody determinations; and

 

     WHEREAS, during the course of those interim hearings, four task force groups where formed and submitted their findings and recommendations to the Senate Committee on Human Services; and

 

     WHEREAS, some of the recommendations were adopted and received legislative attention, but there were still other issues that remained unresolved; and

 

     WHEREAS, to continue work on the unresolved issues, in the 2006 Regular Session, the Senate and the House of Representatives adopted Senate Concurrent Resolution No. 52, S.D. 1, authorizing the Committees on Human Services of the Senate and the House of Representatives to convene interim hearings on the use of legal interventions available to the Family Court and to establish one or more task forces to facilitate their work; and

 

     WHEREAS, the SCR 52 Task Force was established for that purpose; and

 

     WHEREAS, during the course of the recent interim hearings, four committees were formed relating to Family Court Models, Family Court Sunshine and Accountability, Temporary Restraining Orders, and the Best Interests of the Child; and

 

     WHEREAS, after hours of hard work and meetings, the four committees submitted their findings and recommendations to the SCR 52 Task Force and the Committees on Human Services of the Senate and the House of Representatives, which adopted many of the recommendations; and

 

     WHEREAS, there are other issues and recommendations that the SCR 52 Task Force needs to study further; and

 

     WHEREAS, the Family Court Models Committee found that:

 

     (1)  A process, known as the Family Court Parenting Plan Model, should exist to assist parents to develop a parenting plan without and prior to family court intervention;

 

     (2)  Child custody matters involving domestic violence should be exempt from the process and should be screened out at any time in the process in addition to the first screening;

 

     (3)  After the initial screening for domestic violence, parents should participate in an expanded version of Kids First that includes:

 

          (A)  Education about parenting after divorce;

 

          (B)  Parenting roles within one home and across homes;

 

          (C)  Optional advanced parenting education;

 

          (D)  An opportunity for children to provide their    activities schedules;

 

          (E)  An introduction to the concept of a parenting   plan; and

 

          (F)  An overview of divorce and paternity procedures;

 

     (4)  If the parents are unable to develop a parenting plan after participation in the expanded version of Kids First, the parents should meet with a Trained Parenting Plan Facilitator for a series of facilitations, if necessary, to assist with their development of a parenting plan;

 

     (5)  The Trained Parenting Plan Facilitator should be able to make confidential recommendations for services to either parent at any time in the process;

 

     (6)  The process should be confidential, non-adversarial, without the presence of attorneys, and the parents should have the same Trained Parenting Plan Facilitator throughout the process;

 

     (7)  If after participating in the process the parents still cannot develop a parenting plan, they should proceed to family court with any agreed upon issues standing and for resolution of the outstanding issues; and

 

     (8)  The parents should have the same judge throughout the child custody proceedings; and

 

     WHEREAS, with regard to the Family Court Models Committee, the Task Force needs to further:

 

     (1)  Study the level of children's involvement in the process, including the possibility of expanding services to meet children's needs in regard to the impact of a child custody dispute;

 

     (2)  Research and recommend best practices in the development of a parenting plan; and

 

     (3)  Research and recommend best practices in the training and qualifications of the trained parenting plan facilitator, including training on the issues facing both the petitioner and the respondent; and

 

     WHEREAS, with regard to the Family Court Sunshine and Accountability Committee, the Task Force needs to further study:

 

     (1)  The education, training, and experience standards for family court evaluators;

 

     (2)  Court-appointed custody evaluator models found in other jurisdictions, such as California, to determine if any model explored would be appropriate for implementation in the Hawaii family courts; and

 

     (3)  Any other outstanding recommendations regarding family court custody evaluators; and

 

     WHEREAS, the Temporary Restraining Orders Committee found that:

 

     (1)  Temporary restraining orders should address the issue of minors in greater detail, to wit:

 

          (A)  A temporary restraining order should provide notice to the petitioner and respondent that at the first Order to Show Cause hearing, the court will have authority to enter a temporary ninety day emergency order regarding any child-in-common that addresses relevant issues of child support, housing, health insurance, transportation, and visitation by the non‑custodial parent; and

 

          (B)  The temporary ninety day emergency order should not be used as evidence in subsequent legal proceedings;

 

     (2)  The Ex Parte Petition for a Temporary Restraining Order for Protection should request a narrative of the "threats of abuse to the child," explain that "threats of abuse" include the acts of abuse described in chapter 586, Hawaii Revised Statutes, and list those examples of abuse;

 

     (3)  The Ex Parte Petition for a Temporary Restraining Order for Protection form should also be modified to request:

 

          (A)  Information on the parties' legal relationship to the child;

 

          (B)  Whether there has been agency contact and if so, it should be specified; and

 

          (C)  Whether there are any other known legal actions regarding the child or the parties; and

 

     (4)  There is a need to provide better information to the Family Court Judge; and

 

     WHEREAS, with regard to the Temporary Restraining Orders Committee, the Task Force needs to further study the issues identified by the Temporary Restraining Orders Committee; and

 

     WHEREAS, with regard to the Best Interests of the Child Committee, the Task Force needs to further study the recommendations regarding a Children's Bill of Rights; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the Committees with subject matter jurisdiction over Human Services and the Judiciary of the Senate and the House of Representatives are requested to reconvene the SCR 52 Task Force to further study the outstanding recommendations of the four committees that were formed relating to Family Court Models, Family Court Sunshine and Accountability, Temporary Restraining Orders, and the Best Interests of the Child, and any other related issues; and

 

     BE IT FURTHER RESOLVED that, upon the adoption of this Concurrent Resolution, the SCR 52 Task Force be referred to as the Family Court Legal Interventions Task Force and cease to exist on January 1, 2009; and

 

     BE IT FURTHER RESOLVED that the task force include one representative of the Department of Human Services; the Department of Health; the Hawaii Association of Marriage and Family Therapists; the Family Law Section of the Hawaii State Bar Association; the National Association of Social Workers, Hawaii Chapter; the Children's Rights Council; the Hawaii Coalition for Dads; Legal Aid Society of Hawaii; Volunteer Legal Services Hawaii; the Hawaii State Coalition Against Domestic Violence; the Domestic Violence Clearinghouse and Legal Hotline; the Mediation Center of the Pacific; EPIC Ohana Conferencing; and the Hawaii Psychological Association; and

 

     BE IT FURTHER RESOLVED that the task force submit an interim report, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2008, and submit a final report, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2009; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, the Speaker of the House of Representatives, the Chair of the Senate Committee on Human Services and Public Housing, the Chair of the House Human Services and Housing Committee, the Chair of the Senate Committee on Judiciary and Labor, the Chair of the House Judiciary Committee, the Director of Human Services, the Director of Health, President of the Board of Directors of the Hawaii Association of Marriage and Family Therapists, Chair of the Family Law Section, President of the Hawaii State Bar Association, Executive Director of the Hawaii Chapter of the National Association of Social Workers, President of the Children's Rights Council of Hawaii, President of the Hawaii Coalition for Dads, President of the Legal Aid Society of Hawaii, Executive Director of Volunteer Legal Services Hawaii, Executive Director of the Hawaii State Coalition Against Domestic Violence, Executive Director of the Domestic Violence Clearinghouse and Legal Hotline, President of the Board of Directors of the Mediation Center of the Pacific, Director of EPIC Ohana Conferencing, President of Hawaii Psychological Association, and the Chief Justice of the Hawaii Supreme Court.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Family Court; SCR 52 Task Force