STAND. COM. REP. NO. 3675

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1978

       H.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred H.B. No. 1978, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO SPECIAL IMMIGRANT JUVENILE STATUS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to grant the family court jurisdiction in proceedings concerning the custody or guardianship of an immigrant child pursuant to a motion for Special Immigrant Juvenile factual findings requesting a determination that the child was abused, neglected, or abandoned before the age of eighteen, as required under the federal Immigration and Nationality Act.

 

     Your Committee received testimony in support of this measure from the Hawaii State Judiciary; Department of Human Services; and five individuals.

 

     Your Committee finds that federal law provides protections to individuals classified as special immigrant juveniles and consistent with the practices of other states, the State may assist individuals in claiming special immigrant juvenile status by clarifying that family court has jurisdiction over unmarried individuals under twenty-one years of age for purposes of awarding custody or guardianship pursuant to a motion for factual findings within the meaning of the Immigration and Nationality Act, Title 8 United States Code section 1101(a)(27)(J).

 

     This measure is consistent with the federal Immigration and Nationality Act and will promote the State's ability to protect immigrant children.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1978, H.D. 1, and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

 

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

 

 

 

________________________________

RUSSELL E. RUDERMAN, Chair