SB 1520: Paternity Proceedings; Divorce Proceedings; Domestic Abuse; Mediation
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-03-20
Current Status:
Failed
(2026-04-02: Received notice of the discharge of all House Conferees (Hse. Com. No. 457).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse. Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse. (HD1)
Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse. Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse. (SD1)
Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse. Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse.
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THE SENATE |
S.B. NO. |
1520 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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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:
(b) A mediator who receives a referral or an 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 alleged victim of the domestic abuse; and
(2) Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse.
(c) 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 if a temporary restraining order or a protective order is in effect with regard to the parties.
(d) If a party has alleged domestic abuse and a temporary restraining order or a protective order is not in effect with regard to the parties, the court may order mediation or refer either party to mediation only if:
(1) Mediation is authorized by the alleged victim of the domestic abuse; and
(2) Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse.
(e) As used in this section, "domestic abuse" has 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] 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 [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 alleged victim of the [alleged family violence;]
domestic abuse; and
(2) Mediation is
provided, in a specialized manner that protects the safety of the alleged
victim, by a mediator who is trained in [family violence; 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.] the field of domestic
abuse.
(c)
In a proceeding concerning the custody or visitation of a child, if a temporary
restraining order or a protective order is in effect[,] with
regard to the parties, 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] a party has alleged domestic abuse
and a temporary restraining order or a protective order is not in
effect[,] with regard to the parties, the court may order
mediation or refer either party to mediation only if:
(1) Mediation is
authorized by the alleged victim of the [alleged family violence;]
domestic abuse; and
(2) Mediation is
provided, in a specialized manner that protects the safety of the alleged
victim, by a mediator who is trained in [family violence; 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.] the field of
domestic abuse.
(e) As used in this section, "domestic abuse" has 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 upon its approval.
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. Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
1520 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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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:
(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 alleged victim of the domestic abuse;
(2) Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse; and
(3) The alleged victim may have in attendance at mediation a supporting person of the alleged victim's choice, including but not limited to an attorney or other individual designated by the alleged victim pursuant to section 658H-10. If the alleged victim chooses to exercise this option, any other party to the mediation may have in attendance at mediation a supporting person of that party's choice, including but not limited to an attorney or individual designated by the other party pursuant to section 658H-10.
(c) 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 if a temporary restraining order or a protective order is in effect with regard to the parties.
(d) If a party has alleged domestic abuse and a temporary restraining order or a protective order is not in effect with regard to the parties, the court may order mediation or refer either party to mediation only if:
(1) Mediation is authorized by the alleged victim of the domestic abuse;
(2) Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse; and
(3) The alleged victim may have in attendance at mediation a supporting person of the alleged victim's choice, including but not limited to an attorney or individual designated by the alleged victim pursuant to section 658H-10. If the alleged victim chooses to exercise this option, any other party to the mediation may have in attendance at mediation a supporting person of that party's choice, including but not limited to an attorney or individual designated by the other party pursuant to section 658H-10.
(e) For the purposes of this section, "domestic abuse" has the same meaning as defined 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] 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 [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 alleged
victim of the [alleged family violence;] domestic abuse;
(2) Mediation is provided, in a specialized
manner that protects the safety of the alleged victim, by a
mediator who is trained in [family violence;] the field of domestic
abuse; and
(3) The alleged victim [is permitted to]
may have in attendance at mediation[,] a supporting person of the
alleged victim's choice, including but not limited to an attorney
or [advocate.] individual designated by the alleged victim pursuant
to section 658H-10. If the alleged
victim chooses to exercise [such] this option, any other party to
the mediation [will be permitted to] may have in attendance at
mediation[,] a supporting person of [the] that party's
choice, including but not limited to an attorney or [advocate.] individual
designated by the other party pursuant to section 658H-10.
(c) In a proceeding concerning the custody or
visitation of a child, if a temporary restraining order or a protective
order is in effect[,] with regard to the parties, 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] a
party has alleged domestic abuse and a temporary restraining order or a
protective order is not in effect[,] with regard to the parties,
the court may order mediation or refer either party to mediation only if:
(1) Mediation is authorized by the alleged
victim of the [alleged family violence;] domestic abuse;
(2) Mediation is provided, in a specialized
manner that protects the safety of the alleged victim, by a
mediator who is trained in [family violence;] the field of domestic
abuse; and
(3) The alleged victim [is permitted to]
may have in attendance at mediation[,] a supporting person of the
alleged victim's choice, including but not limited to an attorney
or advocate. If the alleged
victim chooses to exercise [such] this option, any other party to
the mediation [will be permitted to] may have in attendance at
mediation[,] a supporting person of [the] that party's
choice, including but not limited to an attorney or advocate.
(e) For the purposes of this section, "domestic abuse" has the same meaning as defined 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 upon its approval.
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. Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
1520 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
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|
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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:
(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 alleged victim of the domestic abuse;
(2) Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse; and
(3) The alleged victim may have in attendance at mediation a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate. If the alleged victim chooses to exercise this option, any other party to the mediation may have in attendance at mediation a supporting person of that party's choice, including but not limited to an attorney or advocate.
(c) 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 if a temporary restraining order or a protective order is in effect with regard to the parties.
(d) If a party has alleged domestic abuse and a temporary restraining order or a protective order is not in effect with regard to the parties, the court may order mediation or refer either party to mediation only if:
(1) Mediation is authorized by the alleged victim of the domestic abuse;
(2) Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse; and
(3) The alleged victim may have in attendance at mediation a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate. If the alleged victim chooses to exercise this option, any other party to the mediation may have in attendance at mediation a supporting person of that party's choice, including but not limited to an attorney or advocate.
(e) As used in this section, "domestic abuse" has 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] 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 [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 alleged
victim of the [alleged family violence;] domestic abuse;
(2) Mediation is provided, in a specialized
manner that protects the safety of the alleged victim, by a
mediator who is trained in [family violence;] the field of domestic
abuse; and
(3) The alleged victim [is permitted to]
may have in attendance at mediation[,] a supporting person of the
alleged victim's choice, including but not limited to an attorney
or advocate. If the alleged
victim chooses to exercise [such] this option, any other party to
the mediation [will be permitted to] may have in attendance at
mediation[,] a supporting person of [the] that 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 a protective
order is in effect[,] with regard to the parties, 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] a
party has alleged domestic abuse and a temporary restraining order or a
protective order is not in effect[,] with regard to the parties,
the court may order mediation or refer either party to mediation only if:
(1) Mediation is authorized by the alleged
victim of the [alleged family violence;] domestic abuse;
(2) Mediation is provided, in a specialized
manner that protects the safety of the alleged victim, by a
mediator who is trained in [family violence;] the field of domestic
abuse; and
(3) The alleged victim [is permitted to]
may have in attendance at mediation[,] a supporting person of the
alleged victim's choice, including but not limited to an attorney
or advocate. If the alleged
victim chooses to exercise [such] this option, any other party to
the mediation [will be permitted to] may have in attendance at
mediation[,] a supporting person of [the] that party's
choice, including but not limited to an attorney or advocate.
(e) As used in this section, "domestic abuse" has 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 upon its approval.
|
INTRODUCED BY: |
_____________________________ |
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. Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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|---|---|
| Apr 2, 2026 | Received notice of the discharge of all House Conferees (Hse. Com. No. 457). |
| Apr 1, 2026 | House Conferee(s) discharged. |
| Mar 20, 2026 | Received notice of all Senate conferees being discharged (Sen. Com. No. 409). |
| Mar 20, 2026 | Senate Conferee(s) discharged. |
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Apr 23, 2025 | Received notice of Senate conferees (Sen. Com. No. 866). |
| Apr 23, 2025 | Senate Conferees Appointed: San Buenaventura Chair; Rhoads Co-Chair; Hashimoto, Fevella. |
| Apr 23, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 802). |
| Apr 22, 2025 | House Conferees Appointed: Marten, Tarnas Co-Chairs; Lamosao, Garcia. |
| Apr 3, 2025 | Received notice of disagreement (Sen. Com. No. 481). |
| Apr 3, 2025 | Senate disagrees with House amendments. |
| Apr 3, 2025 | Received from House (Hse. Com. No. 448). |
| Apr 2, 2025 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). Transmitted to Senate. |
| Apr 2, 2025 | Reported from JHA (Stand. Com. Rep. No. 1756), recommending passage on Third Reading. |
| Mar 25, 2025 | The committee on JHA recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Hashem, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Kahaloa. |
| Mar 21, 2025 | Bill scheduled to be heard by JHA on Tuesday, 03-25-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 21, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Garrett, Kapela, Kitagawa, Ward excused (5). |
| Mar 21, 2025 | Reported from HSH (Stand. Com. Rep. No. 1436) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 20, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Marten, Olds, Amato, Chun, Keohokapu-Lee Loy, Takayama, Alcos, Garcia; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Takenouchi. |
| Mar 17, 2025 | Bill scheduled to be heard by HSH on Thursday, 03-20-25 10:15AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to HSH, JHA, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 363) in amended form (SD 1). |
| Mar 4, 2025 | Report adopted; Passed Third Reading, as amended (SD 1). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Reported from JDC (Stand. Com. Rep. No. 1044) with recommendation of passage on Third Reading, as amended (SD 1). |
| Feb 20, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard. |
| Feb 18, 2025 | The committee(s) on JDC will hold a public decision making on 02-20-25 10:01AM; CR 016 & Videoconference. |
| Feb 14, 2025 | Report adopted; Passed Second Reading and referred to JDC. |
| Feb 14, 2025 | Reported from HHS (Stand. Com. Rep. No. 497) with recommendation of passage on Second Reading and referral to JDC. |
| Feb 3, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, UNAMENDED. The votes in HHS were as follows: 5 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Jan 31, 2025 | The committee(s) on HHS has scheduled a public hearing on 02-03-25 1:00PM; Conference Room 225 & Videoconference. |
| Jan 27, 2025 | Referred to HHS, JDC. |
| Jan 23, 2025 | Introduced and passed First Reading. |
| Jan 22, 2025 | Pending Introduction. |
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Date
|
Description
|
Location
|
Votes
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|---|---|---|---|---|
| Apr 2, 2025 | Third Reading | House Floor |
Passed |
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| Mar 25, 2025 | The committee on JHA recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 20, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Human Services & Homelessness |
Passed |
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| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
|
| Feb 20, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Feb 3, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Health and Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| Commission to Promote Uniform Laws | ** Support | |
| Commission to Promote Uniform Laws | *** Support | Mar 20, 2025 |
| Department of the Prosecuting Attorney of the City and County of Honolulu | ** Support | |
| Hawaiʻi Children's Action Network Speaks! | ** Support | |
| Hawaiʻi State Coalition Against Domestic Violence | ** Support | |
| Hawaiʻi State Commission on the Status of Women | ** Support | |
| Judiciary | ** Support | |
| Kalihi Palama Neighborhood Board No. 15 | ** Support | |
| Kalihi Palama NB # 15 | *** Support | Feb 20, 2025 |
STAND. COM. REP. NO. 1756
Honolulu, Hawaii
, 2025
RE: S.B. No. 1520
S.D. 1
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1520, S.D. 1, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO FAMILY,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish an exemption from mediation in paternity proceedings where there are allegations of domestic abuse; and
(2) Clarify the exemption from mediation in divorce proceedings as it relates to domestic abuse.
Your Committee received testimony in support of this measure from the Hawaiʻi State Commission on the Status of Women; Hawaiʻi Children's Action Network Speaks!; Hawaiʻi State Coalition Against Domestic Violence; and three individuals.
Your Committee finds that in contested paternity and divorce proceedings where allegations of domestic abuse are present, the requirement for mediation can place victims in emotionally harmful and unsafe situations. Your Committee further finds that the current mediation process may force parties who have experienced domestic abuse to engage with their abuser in a setting that is not conducive to their safety or well-being. This measure seeks to address these concerns by exempting parties alleging domestic abuse from mandatory mediation, ensuring that any mediation is conducted under conditions that prioritize the safety of the victim.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1520, S.D. 1, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 1436
Honolulu, Hawaii
, 2025
RE: S.B. No. 1520
S.D. 1
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Human Services & Homelessness, to which was referred S.B. No. 1520, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO FAMILY,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish an exemption from mediation in paternity proceedings where there are allegations of domestic abuse;
(2) Permit an alleged victim to have a supporting person of the alleged victim's choice in attendance at mediation, and, if the alleged victim exercises this option, permitting any other party to the mediation to also have a supporting person in attendance at mediation; and
(3) Clarify the exemption from mediation in divorce proceedings as it relates to domestic abuse.
Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women; Hawaii State Coalition Against Domestic Violence; Commission to Promote Uniform Laws; Hawaiʻi Children's Action Network Speaks!; and two individuals. Your Committee received comments on this measure from the Department of the Attorney General.
Your Committee finds that requiring mediation in paternity and custody disputes involving allegations of domestic abuse can place survivors in unsafe and distressing situations. Mediation may instead become a means for abusers to exert control, creating an environment that compromises the survivor's emotional and psychological well-being. This measure addresses these concerns by exempting individuals alleging domestic abuse from mandatory mediation in paternity cases and reinforcing similar protections in divorce proceedings. By ensuring that mediation is only conducted in circumstances that prioritize victim safety, this measure strengthens legal protections for survivors and prevents the legal process from being used as a tool for further abuse.
However, your Committee has heard the concerns raised in testimony by the Department of the Attorney General, that certain provisions in this measure differ from the existing Uniform Mediation Act under state law. Specifically, the Department of the Attorney General noted that the provisions enabling the alleged victim to bring a supportive person to mediation, but not other parties unless the alleged victim chooses to exercise this option first, could lead to confusion or an unfair result.
Your Committee also finds that the companion to this measure, H.B. No. 1283, H.D. 2 (Regular Session of 2025), was previously passed by the House.
Your Committee has amended this measure by:
(1) Deleting its contents and inserting the contents of H.B. 1283, H.D. 2, a measure that:
(A) Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse; and
(B) Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse;
(2) Removing provisions enabling an alleged victim to bring a supportive person to mediation, but not other parties, unless the alleged victim chooses to exercise this option first, in divorce proceedings;
(3) Changing the effective date to upon its approval; and
(4) Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1520, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1520, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,
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____________________________ LISA MARTEN, Chair |
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STAND. COM. REP. NO. 1044
Honolulu, Hawaii
RE: S.B. No. 1520
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 1520 entitled:
"A BILL FOR AN ACT RELATING TO FAMILY,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Establish an exemption from mediation in paternity proceedings where there are allegations of domestic abuse; and
(2) Clarify the exemption from mediation in divorce proceedings as it relates to domestic abuse.
Your Committee received testimony in support of this measure from the Judiciary, Kalihi Palama Neighborhood Board No. 15, Hawaiʻi State Coalition Against Domestic Violence, Hawaiʻi Children's Action Network Speaks!, and one individual.
Your Committee received comments on this measure from one individual.
Your Committee finds that the State's family courts have championed mediation in numerous types of cases, including divorce and paternity cases. In cases with domestic abuse allegations, safety concerns have prompted the application of different physical protections and legal process protections, such as the judge's consideration of the allegations before accepting the mediation agreement. This measure recognizes the possible advantages of mediation while balancing the autonomy of a party to exercise mediation opportunities in paternity cases and applies to these cases the many protections afforded to parties in divorce cases that involve allegations of domestic abuse.
Your Committee has amended this measure by:
(1) Clarifying that for mediation in paternity or divorce proceedings where there are allegations of domestic abuse, the alleged victim or other party may have in attendance at mediation a supporting person of the person's choice, including but not limited to an attorney or individual designated by the person pursuant to section 658H-10, Hawaii Revised Statutes; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1520, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1520, S.D. 1.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 497
Honolulu, Hawaii
RE: S.B. No. 1520
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Health and Human Services, to which was referred S.B. No. 1520 entitled:
"A BILL FOR AN ACT RELATING TO FAMILY,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Establish an exemption from mediation in paternity proceedings where there are allegations of domestic abuse; and
(2) Clarify the exemption from mediation in divorce proceedings as it relates to domestic abuse.
Your Committee received testimony in support of this measure from the Judiciary, Department of the Prosecuting Attorney of the City and County of Honolulu, Hawaiʻi State Coalition Against Domestic Violence, and one individual.
Your Committee finds that the family courts of Hawaii have championed mediation in many of the case types under its jurisdiction, including divorce and paternity cases. Your Committee further finds that in cases involving domestic abuse allegations, safety concerns have prompted the application of different physical protections and legal process protections, such as the judges' consideration of the allegations before accepting the mediation agreement. This measure balances the autonomy of a party to exercise mediation opportunities in paternity cases and applies to these cases the many protections afforded to parties in divorce cases that involve allegations of domestic abuse.
As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1520 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 Health and Human Services,
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________________________________ JOY A. SAN BUENAVENTURA, Chair |
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Date
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Testimony PDF
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| Mar 25, 2025 | SB1520_HD1_TESTIMONY_JHA_03-25-25_.PDF |
| Mar 20, 2025 | SB1520_SD1_TESTIMONY_HSH_03-20-25_.PDF |
| Feb 20, 2025 | SB1520_TESTIMONY_JDC_02-20-25_.PDF |
| Feb 3, 2025 | SB1520_TESTIMONY_HHS_02-03-25_.PDF |
Discussed in Hearing
3MIN
House Standing Committee on Judiciary & Hawaiian Affairs
2MIN
House Standing Committee on Human Services & Homelessness
Bill Author
Bill Co-Author(s):
