STAND. COM. REP. NO. 32

 

Honolulu, Hawaii

                   

 

RE:     S.B. No. 479

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred S.B. No. 479 entitled:

 

"A BILL FOR AN ACT RELATING TO CHILD VISITATION,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Require a finding that denial of reasonable grandparent visitation rights would cause significant harm to the child as a condition of awarding grandparent visitation rights;

 

     (2)  Clarify procedures for an order awarding reasonable grandparent visitation rights; and

 

     (3)  Specify that a violation of the terms and conditions of the order is punishable as contempt of court.

 

     Your Committee received testimony in support of this measure from seven individuals.  Your Committee received testimony in opposition to this measure from one individual.

 

     Your Committee finds that grandparents are taking on increasing responsibilities in helping to raise their grandchildren, especially when the children's parents are unable or unwilling to do so as a result of a lack of financial self-sufficiency, mental disorder, substance abuse, or incarceration.  Grandparents may foster a child's healthy emotional and psychological development, and positively influence a child's well-being.

 

Your Committee further finds that the current version of section 571-46.3, Hawaii Revised Statutes, was held unconstitutional by the Hawaii Supreme Court in Doe v. Doe, 116 Haw. 323 (2007).  The Supreme Court in Doe ruled that section 571‑46.3, Hawaii Revised Statutes, was unconstitutional because it did not require the grandparent who was petitioning for visitation to show that the denial of visitation would cause significant harm to the child.  This measure therefore cures the constitutional concerns of section 571-46.3, Hawaii Revised Statutes, and clarifies the Legislature's intent to recognize the special role grandparents play in the lives of children by allowing the court to award visitation to a grandparent if the court finds that denial of reasonable visitation rights would cause significant harm to the child.

 

     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 S.B. No. 479 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