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HI HB2488

Bill

Status

Introduced

1/23/2014

Primary Sponsor

Mele Carroll

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • 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"

  • 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

  • Establishes clear and convincing evidence as the default standard of proof for all proceedings under Chapter 587A unless otherwise specified

  • Repeals the existing definition of "preponderance of the evidence" from the statute

  • 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

Committee Referrals

Human Services1/27/2014

Full Bill Text

No bill text available