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HI SB2149

HI SB2149
Relating To Family.


summary

Introduced
01/21/2026
In Committee
01/28/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse. Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse.

AI Summary

This bill clarifies and expands exemptions from mandatory mediation in legal proceedings involving allegations of domestic abuse, which refers to abuse as defined in section 586-1 of Hawaii Revised Statutes. Specifically, in paternity proceedings where domestic abuse is alleged, a party claiming abuse will not be forced into mediation against their will. Mediators are required to screen for domestic abuse and must not proceed with mediation if abuse is suspected or alleged, unless the victim consents, a mediator trained in domestic abuse provides specialized services, and the victim can have a support person present. Similarly, in divorce proceedings, the bill amends existing law to use the term "domestic abuse" instead of "spousal abuse" or "family violence" and strengthens the protections for parties alleging domestic abuse, ensuring they are not compelled to mediate if a temporary restraining order or protective order is in place, and outlining specific conditions for mediation if no such order exists but abuse is alleged.

Committee Categories

Health and Social Services, Justice

Sponsors (5)

Last Action

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, Awa; Aye(s) with reservations: Senator(s) San Buenaventura ; 0 No(es): none; and 0 Excused: none. (on 02/03/2026)

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