Bill > HB1396

This bill amends Hawaii's custodial interference law to explicitly include situations where a minor is taken, enticed, concealed, or detained from a person who has custody rights through a Voluntary Establishment of Paternity. Specifically, the bill adds a new definition clarifying that a Voluntary Establishment of Paternity occurs when the persons establishing paternity sign the minor's birth certificate and file a voluntary establishment of paternity form with the birthing hospital or department of health at the time of the minor's birth. The amendment expands the legal protections for parents who have established paternity through this administrative process, making it a first-degree custodial interference offense if someone intentionally takes or conceals a minor from a parent with such documented paternity rights. The bill maintains existing provisions that make custodial interference a class C felony and allows for an affirmative defense if the person can demonstrate they had "good cause" to protect the minor from immediate bodily injury. The changes aim to provide clearer legal recourse for parents who have formally established their parental rights outside of a traditional court-ordered custody arrangement.

Housing and Urban Affairs

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1396&year=2025