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HI SB1062

Bill

Status

Engrossed

3/7/2017

Primary Sponsor

Maile Shimabukuro

Click for details

Origin

Senate

2018 Regular Session

AI Summary

SB 1062 Summary

  • Amends Hawaii family court law to require (rather than permit) termination of parental rights when a parent sexually assaulted the other parent and the child was conceived as a result, provided termination is in the child's best interest.

  • Establishes a presumption that termination of parental rights is in the child's best interest when the child was conceived through sexual assault, though the custodial parent may petition to reinstate the assaulting parent's rights.

  • Adds a new section allowing family courts to suspend custody and visitation rights for any parent or legal guardian charged with sexual assault of the child's other parent during the criminal court proceedings, with presumption this is in the child's best interest.

  • Mandates that child support obligations continue even after parental rights are terminated, and allows courts to order payment of child support from the parent whose rights were terminated.

  • Amends bail conditions law to allow courts to extend contact restrictions and approach prohibitions to the victim's minor children, at the victim's request, even if no parental relationship exists between the defendant and those children.

Legislative Description

Relating To Parental Rights.

Sexual Assault

Last Action

Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Fukumoto, Johanson, C. Lee, Souki, Todd excused (5).

3/22/2018

Committee Referrals

Judiciary3/22/2018
Health & Human Services1/17/2018
Human Services3/9/2017
Judiciary and Labor1/27/2017

Full Bill Text

No bill text available