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HI SB406

Bill

Status

Passed

6/14/2023

Primary Sponsor

Joy San Buenaventura

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Origin

Senate

2023 Regular Session

AI Summary

  • Amends Hawaii Revised Statutes Section 571-46.3 to allow grandparents to petition for reasonable visitation rights when the child's parent is unable to exercise parental visitation due to incarceration or death.

  • Requires courts to make three findings before awarding grandparent visitation: Hawaii is the child's home state, the parent is unable to exercise visitation due to incarceration or death, and denial of visitation would cause significant harm to the child.

  • Establishes a rebuttable presumption that a parent's or custodian's decision regarding visitation is in the child's best interest, which can be overcome by clear and convincing evidence of significant harm.

  • Directs courts to follow all standards, considerations, and procedures for parent visitation rights under Section 571-46 when awarding grandparent visitation, and authorizes court sanctions for violations of visitation orders.

  • Becomes effective July 1, 2050.

Legislative Description

Relating To Child Visitation.

Child Custody

Last Action

Act 077, 06/14/2023 (Gov. Msg. No. 1178).

6/14/2023

Committee Referrals

Judiciary & Hawaiian Affairs3/21/2023
Human Services3/9/2023
Judiciary2/15/2023
Health and Human Services1/25/2023

Full Bill Text

No bill text available