HB 451 Summary

• Prohibits courts from considering parental alienation syndrome as a defense in child custody determinations when sexual assault, abuse, or domestic violence has been reported, defining it as the discredited concept that one parent interferes with a child's relationship with the other parent.

• Expands Child Protective Act intervention criteria to include "harm" and "probable harm" in addition to "imminent harm," allowing state intervention when harm is more likely than not to occur without intervention rather than only when harm is imminent.

• Adds "probable harm" as a new ground for police officers to assume protective custody of a child and for the department to assume temporary foster custody without court order.

• Amends child custody award criteria under HRS §571-46 to require courts consider history of sexual or physical abuse by a parent as a factor in determining best interests of the child.

• Applies expanded harm standards throughout Child Protective Act procedures, including in temporary foster custody hearings, court orders, and department investigation and response protocols.