Hawaii lawmakers consider bill that will allow counselors to file restraining orders for minors
By Shanila Kabir
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HONOLULU (KITV) — A bill to let trained professionals petition for restraining orders on behalf of minors is now being discussed in the Hawaii state house.
Senate Bill 45 includes counselors and other mental health professionals.
Several domestic violence advocates said minors in Hawaii are vulnerable to abuse, and it is crucial to allow licensed professionals to step in and file legal actions. Right now, only parents and state agencies have that ability.
“We see abusive relationships on TV and social media and sometimes it’s condoned as OK. We’ve seen a lot of girls get abused by ex-boyfriends and they didn’t know the legal procedure,” said Angela Melody Young, an advocate for domestic violence survivors.
If Senate Bill 45 passes, more restraining orders can be placed.
Hawaii Sen. Karl Rhoads from District 13 introduced the bill. His district includes downtown Honolulu, Chinatown, Nuuanu, Punchbowl and more.
“If a 16-year-old girl is going out with a 19-year-old guy and her parents never approved and then he starts hurting her physically, she may be reluctant to go to them for help. But with this, she can go to another responsible adult licensed by the state and get out the situation safely,” said Rhoads.
On the other hand, Ilima DeCosta, also an advocate for domestic violence survivors, opposes the measure. She said legal action without a parent’s consent is dangerously overstepping parental rights.
“I am in opposition to any legislation measure that would undermine a parent’s right. I’m actually concerned this particular bill might make it possible for youth to circumvent their parents to go to a school counselor and get a TRO against their parents when perhaps there is no basis for that,” said DeCosta.
The Department of Education said in written testimony that while it supports the intent of the bill, it will defer to the Department of Human Services and county police.
DOE added it has a successful child abuse reporting procedure already in place.
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