Bill Text: HI SB2642 | 2022 | Regular Session | Amended

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Bill Title: Relating To Family.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Engrossed - Dead) 2022-03-10 - Referred to HHH, JHA, referral sheet 24 [SB2642 Detail]

Download: Hawaii-2022-SB2642-Amended.html

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THE SENATE	S.B. NO.	2642
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO FAMILY.

 

 

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

 

     SECTION 1.  Chapter 584, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§584-    Domestic abuse; exemption from mediation in paternity proceedings.  (a)  In contested paternity proceedings where there are allegations of domestic abuse, the court shall not require a party alleging the domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (b)  A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of domestic abuse between the parties. A mediator shall not engage in mediation when it appears to the mediator or when either party asserts that domestic abuse has occurred unless:

     (1)  Mediation is authorized by the victim of the alleged domestic abuse;

     (2)  Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in the field of domestic abuse; and

     (3)  The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate. If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate.

     (c)  If a temporary restraining order or a protective order is in effect, the court shall not require a party alleging domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (d)  If there is an allegation of domestic abuse and a temporary restraining order or a protective order is not in effect, the court may order mediation or refer either party to mediation only if:

     (1)  Mediation is authorized by the victim of the alleged domestic abuse;

     (2)  Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in the field of domestic abuse; and

     (3)  The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate. If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate.

     (e)  As used in this section, "domestic abuse" shall have the same meaning as in section 586-1."

     SECTION 2.  Section 580-41.5, Hawaii Revised Statutes, is amended to read as follows:

     "§580-41.5  [Battered spouses;] Domestic Abuse; exemption from mediation in divorce proceedings.  (a)  In contested divorce proceedings where there are allegations of [spousal] domestic abuse, the court shall not require a party alleging the spousal abuse to participate in any component of any mediation program against the wishes of that party.

     (b)  A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of [family violence] domestic abuse between the parties.  A mediator shall not engage in mediation when it appears to the mediator or when either party asserts that [family violence] domestic abuse has occurred unless:

     (1)  Mediation is authorized by the victim of the alleged [family violence;] domestic abuse;

     (2)  Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in [family violence;] the field of domestic abuse; and

     (3)  The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate.  If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate.

     (c)  In a proceeding concerning the custody or visitation of a child, if a temporary restraining order or protective order is in effect, the court shall not require a party alleging [family violence] domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (d)  In a proceeding concerning the custody or visitation of a child, if there is an allegation of [family violence] domestic abuse and a temporary restraining order or protective order is not in effect, the court may order mediation or refer either party to mediation only if:

     (1)  Mediation is authorized by the victim of the alleged [family violence;] domestic abuse;

     (2)  Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in [family violence;] in the field of domestic abuse; and

     (3)  The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate.  If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate.

     (e)  As used in this section, "domestic abuse" shall have the same meaning as in section 586-1."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 30, 2075.

 

 

Report Title:

Paternity Proceedings; Divorce Proceedings; Domestic Abuse; Mediation

 

Description:

Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse if the party alleging domestic abuse does not wish to participate.  Prohibits a mediator from engaging in mediation where there are allegations of domestic violence unless certain requisites are met.  Prohibits a court from requiring mediation in paternity proceedings if there is a temporary restraining order or protective order in effect if the party alleging domestic abuse does not wish to participate.  Allows the court to order mediation in paternity proceedings where there are allegations of domestic abuse if there is no temporary restraining or protective order under certain circumstances.  Amends the term family violence to domestic abuse in section 480-41.5, Hawaii Revised Statutes.  Takes effect 7/30/2075.  (SD1)

 

 

 

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