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HI HB2488
Bill
Status
1/23/2014
Primary Sponsor
Mele Carroll
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AI Summary
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Changes the standard of evidence in child protective proceedings under Hawaii Revised Statutes Chapter 587A from "preponderance of the evidence" to "clear and convincing evidence"
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Redefines "adjudication" to require findings supported by clear and convincing evidence that a child has been harmed or subjected to threatened harm by family acts or omissions
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Establishes clear and convincing evidence as the default standard of proof for all proceedings under Chapter 587A unless otherwise specified
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Repeals the existing definition of "preponderance of the evidence" from the statute
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Takes effect upon approval with no retroactive application to proceedings begun before enactment
Legislative Description
Family Court Jurisdiction; Child Protective Act; Standard of Evidence
Last Action
The committee(s) on HUS recommend(s) that the measure be deferred.
2/4/2014