Hawaii

• House Bill 451 Relating To Childhood Sexual Abuse.

Spectrum: Partisan Bill (Democrat 9-0)
Status: Introduced on January 25 2021 - 25% progression
Action: 2021-12-10 - Carried over to 2022 Regular Session.
Pending: House Health, Human Services, & Homelessness Committee
Text: Latest bill text (Introduced) [HTML]
Summary Prohibits courts from considering parental alienation syndrome in determining child custody. Allows for the consideration of "harm" and "probable harm", rather than just "imminent harm", in Child Protective Act determinations.

• Senate Bill 823

​Spectrum: Partisan Bill (Democrat 9-0)
Status: Introduced on January 22 2021 - 25% progression
Action: 2021-12-10 - Carried over to 2022 Regular Session.
Pending: Senate Human Services Committee
Text: Latest bill text (Introduced) [HTML]
Summary Prohibits courts from considering parental alienation syndrome in determining child custody. Allows for the consideration of "harm" and "probable harm", rather than just "imminent harm", in Child Protective Act determinations.

• House Bill 792

​Status
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: Introduced on January 27 2021 - 25% progression
Action: 2021-01-27 - Referred to HHH, JHA, referral sheet 1
Pending: House Health, Human Services, & Homelessness Committee
Text: Latest bill text (Introduced) [HTML]
SummaryAmends the criteria and procedures used by family courts in determining child custody and visitation rights. Addresses the considerations and factors a family court shall consider in determining custody or visitation if one parent has a felony conviction for a violent or sexual offense in which the victim was a minor, is required to register as a sex offender, or has been convicted of murdering the other parent. Requires the family court to state its reasons in writing or on the record when it finds there is no risk to the child's health, safety, and welfare. Prohibits the family court from disclosing the custodial parent's place of residence, place of employment, or the child's school unless disclosure is in the child's best interests.

• House Bill 82

​Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: Introduced on January 21 2021 - 25% progression
Action: 2021-12-10 - Carried over to 2022 Regular Session.
Pending: House Health, Human Services, & Homelessness Committee
Text: Latest bill text (Introduced) [HTML]
Summary Amends provisions relating to criteria and procedures in family court determinations regarding custody and visitation rights. Clarifies that a parent's felony conviction for a violent or sexual offense in which the victim was a minor, or requirement to register as a sex offender, raises a rebuttable presumption that custody or visitation by that parent is not in the best interest of the child. Requires courts to consider registration as a sex offender a presumption of risk that affects the burden of producing evidence. Requires courts to state reasons for findings in writing or on the record, including specific findings that there is no risk to the child's health, safety, and welfare.

• Senate Bill 577 (Senate version of HB 82)

​Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: Introduced on January 22 2021 - 25% progression
Action: 2021-12-10 - Carried over to 2022 Regular Session.
Pending: Senate Judiciary Committee
Text: Latest bill text (Amended) [HTML]
Summary Amends provisions relating to criteria and procedures in family court determinations regarding custody and visitation rights. Clarifies that a parent's felony conviction for a violent or sexual offense in which the victim was a minor, or requirement to register as a sex offender, raises a rebuttable presumption that custody or visitation by that parent is not in the best interest of the child. Requires courts to consider registration as a sex offender a presumption of risk that affects the burden of producing evidence. Requires courts to state reasons for findings in writing or on the record, including specific findings that there is no risk to the child's health, safety, and welfare. Requires nondisclosure of certain information when a court makes a finding of abuse or domestic violence against a parent. (SD1)
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