Haw. Rev. Stat. § 576B-710 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-710
Foreign support agreement.
Status: in_force

(a) Except as otherwise provided in subsections (c) and (d), a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.

(b) An application or direct request for recognition and enforcement of a foreign support agreement shall be accompanied by:

(1) A complete text of the foreign support agreement; and

(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(c) A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

(d) In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:

(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;

(2) The agreement was obtained by fraud or falsification;

(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this State; or

(4) The record submitted under subsection (b) lacks authenticity or integrity.

(e) A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. [L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 583A-109 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-109
Appearance and limited immunity.
Status: in_force

(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this State for another proceeding or purpose solely by reason of having participated, or having been physically present for the purpose of participating, in the proceeding.

(b) A person who is subject to personal jurisdiction in this State on a basis other than physical presence is not immune from service of process in this State. A party present in this State who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

(c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this State. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 582-1 — HI Code / Division 3 / Title 31 / Chapter 582 / Section 582-1
Execution of compact.
Status: in_force

The governor is hereby authorized and directed to execute a compact on behalf of the Territory of Hawaii with any other state or states legally joining therein in the form substantially as follows:

INTERSTATE COMPACT ON JUVENILES

The contracting states solemnly agree:

Article I. Finding and Purposes

That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.

Article II. Existing Rights and Remedies

That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.

Article III. Definitions

That, for the purposes of this compact, "delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court; "probation or parole" means any kind of conditional release of juveniles authorized under the laws of the states party hereto; "court" means any court having jurisdiction over delinquent, neglected or dependent children; "state" means any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and "residence" or any variant thereof means a place at which a home or regular place of abode is maintained.

Article IV. Return of Runaways

(a) That the parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for his return. The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of entitlement to the juvenile's custody, the circumstances of his running away, his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardianship, or custody decrees. Such further affidavits and other documents as may be deemed proper may be submitted with such petition. The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the state. If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of such juvenile. Such requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provision of law governing records of such court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return, and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding ninety days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

(b) That the state to which a juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.

(c) That "juvenile" as used in this Article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor.

Article V. Return of Escapees and Absconders

(a) That the appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of such delinquent juvenile. Such requisition shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or agency vested with his legal custody or supervision, and the location of such delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned. Such further affidavits and other documents as may be deemed proper may be submitted with such requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made for his return and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition. But in such event, he must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding ninety days, as will enable his detention under a detention order issued on a requisition pursuant to this Article. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

(b) That the state to which a delinquent juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.

Article VI. Voluntary Return Procedure

That any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without requisition in another state party to this compact under the provisions of Article IV(a) or of Article V(a), may consent to his immediate return to the state from which he absconded, escaped or ran away. Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding state. Before such consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his rights under this compact. When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return, and shall cause to be delivered to such officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the compact administrator of the state to which said juvenile or delinquent juvenile is ordered to return.

Article VII. Cooperative Supervision of Probationers and Parolees

(a) That the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this compact (herein called "receiving state") while on probation or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly.

(b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.

(c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but, if at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.

(d) That the sending state shall be responsible under this Article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.

Article VIII. Responsibility for Costs

(a) That the provisions of Articles IV(b), V(b) and VII(d) of this compact shall not be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(b) That nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to Articles IV(b), V(b) or VII(d) of this compact.

Article IX. Detention Practices

That, to every extent possible, it shall be the policy of states party to this compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or dissolute persons.

Article X. Supplementary Agreements

That the duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary agreement. Such supplementary agreements shall (1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished; (2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody; (3) provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile; (4) provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state; (5) provide for reasonable inspection of such institutions by the sending state; (6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to his being sent to another state; and (7) make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating states.

Article XI. Acceptance of Federal and Other Aid

That any state party to this compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of the purposes and functions of this compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants.

Article XII. Compact Administrators

That the Secretary of Hawaii shall be the compact administrator and who, acting jointly with like officers of other states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

Article XIII. Execution of Compact

That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.

Article XIV. Renunciation

That this compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto. The duties and obligations of a renouncing state under Article VII hereof shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under Article X hereof shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the six months' renunciation notice of the present Article.

Article XV. Severability

That the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Article XVI. Out-of-State Confinement Amendment

(1) The Out-of-State Confinement Amendment to the Interstate Compact on Juveniles is hereby enacted into law and entered into by this State with all other states legally joining therein in the form substantially as follows:

(a) Whenever the duly constituted judicial or administrative authorities in a sending state shall determine that confinement of a probationer or reconfinement of a parolee is necessary or desirable, said officials may direct that the confinement or reconfinement be in an appropriate institution for delinquent juveniles within the territory of the receiving state, such receiving state to act in that regard solely as agent for the sending state.

(b) Escapees and absconders who would otherwise be returned pursuant to Article V of the Compact may be confined or reconfined in the receiving state pursuant to this amendment. In any such case the information and allegations required to be made and furnished in a requisition pursuant to such Article shall be made and furnished, but in place of the demand pursuant to Article V, the sending state shall request confinement or reconfinement in the receiving state. Whenever applicable, detention orders as provided in Article V may be employed pursuant to this paragraph preliminary to disposition of the escapee or absconder.

(c) The confinement or reconfinement of a parolee, probationer, escapee, or absconder pursuant to this amendment shall require the concurrence of the appropriate judicial or administrative authorities of the receiving state.

(d) As used in this amendment: (1) "sending state" means sending state as that term is used in Article VII of the Compact or the state from which a delinquent juvenile has escaped or absconded within the meaning of Article V of the Compact; (2) "receiving state" means any state, other than the sending state, in which a parolee, probationer, escapee, or absconder may be found, provided that said state is a party to this amendment.

(e) Every state which adopts this amendment shall designate at least one of its institutions for delinquent juveniles as a "Compact Institution" and shall confine persons therein as provided in paragraph (a) hereof unless the sending and receiving state in question shall make specific contractual arrangements to the contrary. All states party to this amendment shall have access to "Compact Institutions" at all reasonable hours for the purpose of inspecting the facilities thereof and for the purpose of visiting such of said state's delinquents as may be confined in the institution.

(f) Persons confined in "Compact Institutions" pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed from said "Compact Institution" for transfer to an appropriate institution within the sending state, for return to probation or parole, for discharge, or for any purpose permitted by the laws of the sending state.

(g) All persons who may be confined in a "Compact Institution" pursuant to the provisions of this amendment shall be treated in a reasonable and humane manner. The fact of confinement or reconfinement in a receiving state shall not deprive any person so confined or reconfined of any rights which said person would have had if confined or reconfined in an appropriate institution of the sending state; nor shall any agreement to submit to confinement or reconfinement pursuant to the terms of this amendment be construed as a waiver of any rights which the delinquent would have had if he had been confined or reconfined in any appropriate institution of the sending state except that the hearing or hearings, if any, to which a parolee, probationer, escapee, or absconder may be entitled (prior to confinement or reconfinement) by the laws of the sending state may be had before the appropriate judicial or administrative officers of the receiving state. In this event, said judicial and administrative officers shall act as agents of the sending state after consultation with appropriate officers of the sending state.

(h) Any receiving state incurring costs or other expenses under this amendment shall be reimbursed in the amount of such costs or other expenses by the sending state unless the states concerned shall specifically otherwise agree. Any two or more states party to this amendment may enter into supplementary agreements determining a different allocation of costs as among themselves.

(i) This amendment shall take initial effect when entered into by any two or more states party to the Compact and shall be effective as to those states which have specifically enacted this amendment. Rules and regulations necessary to effectuate the terms of this amendment may be promulgated by the appropriate officers of those states which have enacted this amendment.

(2) In addition to any institution in which the authorities of this State may otherwise confine or order the confinement of a delinquent juvenile, such authorities may, pursuant to the Out-of-State Confinement Amendment to the Interstate Compact on Juveniles, confine or order the confinement of a delinquent juvenile in a Compact Institution within another party state. [L 1955, c 87, §1; RL 1955, §334A-1; am L 1967, c 200, §1; HRS §582-1]
Haw. Rev. Stat. § 580-51 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-51
Modification of alimony on remarriage.
Status: in_force

(a) Upon the remarriage of a party in whose favor a final decree or order for support and maintenance has been made, all rights to receive and all duties to make payments for support and maintenance shall automatically terminate for all payments due after the date of the remarriage, unless the final decree or order, or an agreement of the parties approved by the final decree or order, provides specifically for the payments to continue after such remarriage.

(b) The remarried party shall file a notice of the remarriage with the court which made the order for support and maintenance and serve within thirty days of such marriage, by personal service or registered or certified mail, a copy of the notice on the former paying party. In any proceeding relating to the payment of support and maintenance to a remarried party, the failure of that party to file a notice of remarriage shall be considered by the court in awarding attorney's fees and costs for the proceeding and in determining reimbursement to the former paying party. [L Sp 1933, c 35, §1; RL 1935, §4478; RL 1945, §12229; RL 1955, §324-40; HRS §580-51; am L 1973, c 211, §5(r); am L 1974, c 65, pt of §2; am L 1983, c 17, §1]
Haw. Rev. Stat. § 571-95 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-95
Sole factor; effect on existing orders.
Status: in_force

(a) Deployment or the potential for future deployment shall not be the sole factor in awarding custody and must be considered in relation to all of the factors in section 571-46.

(b) If deployment or the potential for future deployment results in the modification of the custody or visitation terms established by a prior order, the court order shall include, without limitation, the following conditions:

(1) A specific transition schedule to facilitate return to the prior order over the shortest reasonable time period after the deployment ends, taking into consideration the best interest of the child;

(2) A specific date at which time the prior order will return to full force and effect; and

(3) If the deployment is extended or shortened, then:

(A) The deployed parent has a duty to inform the other parent of the change as soon as the information is available;

(B) The other parent has the responsibility to return to court to change the effective date of the modification of the prior order made pursuant to this subsection; and

(C) The transition schedule shall take effect at the end of the modified deployment.

(c) Upon request of either parent the court may set a review hearing to occur within thirty days of the deployed parent's return from deployment at which time the court may make such orders as are in the best interest of the child. [L 2010, c 177, pt of §2]
Haw. Rev. Stat. § 578-8 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-8
Hearing; investigation; decree.
Status: in_force

(a) No decree of adoption shall be entered unless a hearing has been held at which the petitioner or petitioners, and any legal parent married to a petitioner, and any subject of the adoption whose consent is required, have personally appeared before the court, unless expressly excused by the court. After considering the petition and any evidence as the petitioners and any other properly interested person may wish to present, the court may enter a decree of adoption if it is satisfied that:

(1) The individual is adoptable under sections 578-1 and 578-2;

(2) The individual is physically, mentally, and otherwise suitable for adoption by the petitioners;

(3) The petitioners are fit and proper persons and financially able to give the individual a proper home and education, if the individual is a child; and

(4) The adoption will be for the best interests of the individual,

which decree shall take effect on the date fixed therein by the court, to be not earlier than the date of the filing of the petition and not later than six months after the date of the entry of the decree.

(b) Before entering the decree, the court shall notify the director of human services of the pendency of such petition for adoption and allow a reasonable time for the director to make such investigation as the director may deem proper as to the fitness of the petitioners to adopt the individual, however, the physical disability of the petitioners shall not of itself be determinant of unfitness for purposes of this section, and as to whether the best interest of the individual will be subserved by the adoption; provided that the court may, if it finds that the best interests of the individual to be adopted so require, by written order waive the requirement for notification and investigation above set forth, and enter its decree solely on the basis of the evidence adduced at the hearing. The director shall have the right to intervene in any adoption proceeding for the purpose of protecting the interests of the individual to be adopted or of any legal parent of the individual, and shall have the same rights of appeal as any party to the proceeding. The attorney general, upon the request of the director, shall represent the director in any such proceeding. The director, when notified as above set forth, or when the director has intervened without notification, shall make a report to the court within the time required, reporting the facts disclosed and the director's recommendation; provided that the director, if the director determines that the best interests of the individual to be adopted will be served thereby, may refer any such notification to a child placing organization approved by the department under section 346-17, and the report and recommendation of such organization, when forwarded by the director, shall be considered by the court in lieu of a report and recommendation by the director. If the court determines that any such report discloses facts adverse to the petitioners or indicates that the best interests of the individual to be adopted will not be subserved by the proposed adoption, it shall thereupon give notice of the determination to the petitioners and afford them a reasonable opportunity to rebut the report.

(c) In cases where a child is adopted from a foreign country and is brought into the State, the court, in its discretion, may dispense with a hearing upon receipt of a sworn affidavit, ex-parte, from the adoptive parents requesting that the hearing be dispensed with, and upon a finding that the issues it would have reviewed have received full consideration by the country from which the child was adopted and the United States Citizenship and Immigration Services. [RL 1945, pt of §12276; am L 1945, c 40, pt of §1; am L 1953, c 115, pt of §1; RL 1955, §331-8; am L Sp 1959 2d, c 1, §20; HRS §578-8; am L 1973, c 211, §3(f); am L 1976, c 194, §1(3); am L 1979, c 65, §2; gen ch 1985; am L 1987, c 339, §4; am L 1990, c 34, §35 and c 74, §1; am L 1995, c 37, §2; am L 2005, c 22, §41; am L 2019, c 111, §42]
Haw. Rev. Stat. § 576B-704 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-704
Initiation by support enforcement agency of support proceeding under Convention.
Status: in_force

(a) In a support proceeding under this article, the support enforcement agency of this State shall:

(1) Transmit and receive applications; and

(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.

(b) The following support proceedings are available to an obligee under the Convention:

(1) Recognition or recognition and enforcement of a foreign support order;

(2) Enforcement of a support order issued or recognized in this State;

(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(4) Establishment of a support order if recognition of a foreign support order is refused under section 576B‑708(b)(2), (4), or (9);

(5) Modification of a support order of a tribunal of this State; and

(6) Modification of a support order of a tribunal of another state or a foreign country.

(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:

(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;

(2) Modification of a support order of a tribunal of this State; and

(3) Modification of a support order of a tribunal of another state or a foreign country.

(d) A tribunal of this State may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention. [L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 580-52 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-52
Marriage after divorce.
Status: in_force

Whenever a marriage is dissolved, either party to the divorce may marry again at any time. [CC 1859, §1334; am L 1866, p 3; am L 1870, c 10, §2; am L 1876, c 48, §2; RL 1925, §2982; RL 1935, §4479; RL 1945, §12230; RL 1955, §324-41; HRS §580-52]
Haw. Rev. Stat. § 583A-313 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-313
Recognition and enforcement.
Status: in_force

A court of this State shall accord full faith and credit to an order issued by another state and consistent with this chapter, which enforces a child-custody determination by a court of another state, unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under part II.
Haw. Rev. Stat. § 576D-10 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-10
Collection and disbursal of child support; direct payment exception.
Status: in_force

(a) The agency shall collect and disburse child support payments when an order requires the collection and disbursal. In the event of any default by the obligor, upon notification of the default by the custodial parent, the agency shall proceed against the obligor for the arrearage and the agency shall have jurisdiction over future child support payments. Notwithstanding any other law to the contrary, the agency shall maintain a special interest bearing account for child support payments. Moneys collected by the agency for child support payments shall not be deposited into the state treasury, but shall be deposited into this account. Moneys to be disbursed by the agency for child support payments shall be disbursed from this account without appropriation or allotment. The interest realized from this account shall be used:

(1) For related costs of the maintenance and operation of the account; and

(2) To improve the child support enforcement agency's ability to promptly disburse payments to the custodial parent.

The balance shall be deposited into the state treasury to the credit of the general fund.

(b) Any child support payments required by a court order effective on June 30, 1986, to be made to a court or clerk of the court and disbursed to a custodial parent shall be made to the agency after June 30, 1986. The agency shall disburse the payments as appropriate under the court order.

(c) Other than for child support payments disbursed to the department of human services or to any other state or agency administering a program under Title IV-D, the custodial parent shall elect to receive child support payments from the agency by means of an electronic benefits transfer system or by directly depositing the amount into an account designated by the custodial parent. If an election is not made, the agency shall determine whether the disbursement of child support payments shall be by means of an electronic benefits transfer system or by an alternate method of disbursement that complies with the time frame required under Title IV-D.

(d) At the time a child support obligation is first established or at any time thereafter, the court may approve an alternative arrangement for the direct payment of child support from the obligor to the custodial parent as an exception to the provisions for income withholding through the agency, as required by sections 571-52.2(a)(1), 571-52.3, and 576E-16(a).

(e) The court may approve an alternative arrangement for the direct payment of child support where either:

(1) The obligor or custodial parent demonstrates and the court finds that there is good cause not to require immediate withholding; or

(2) A written agreement is reached between the obligor and the custodial parent and signed by both parties;

provided that in either case where child support has been ordered previously, an alternative arrangement for direct payment shall be approved only where the obligor provides proof of the timely payment of previously ordered support. For purposes of this section, good cause to approve an alternative arrangement shall be based upon a determination by the court, either in writing or on the record, that implementing income withholding would not be in the best interests of the child. Such a determination shall include a statement setting forth the basis of the court's conclusion.

(f) Any alternative arrangement for direct payment shall provide that either parent may void the arrangement at any time and apply for services from the agency to act as agent to receive payments from the obligor parent. The alternative arrangement for direct payment also shall provide that, if the subject dependents of the obligor parent commence receiving public assistance, including public assistance from the department of human services under chapter 346, foster care under section 571-48, Title IV-E or Title XIX of the federal Social Security Act (42 U.S.C. §1396), or if either parent applies for services from the agency, the agency may immediately void the direct payment arrangement by sending written notice by regular mail to the custodial and obligor parents at their last known addresses, as disclosed in the alternative arrangement agreement.

(g) The alternative arrangement for direct payment agreement shall include the most recent addresses of the custodial and obligor parent. If the obligor parent alleges direct payment of child support to the custodial parent after the subject dependents of the court-approved alternative arrangement become recipients of public assistance, including public assistance from the department of human services under chapter 346, foster care under section 571-48, Title IV-E or Title XIX of the federal Social Security Act (42 U.S.C. §1396), or after the custodial parent applies for services from the agency, and after receiving proper notification of the change of payee to the agency, then the obligor shall have the burden of proving that the child support payments were made by presenting written evidence, including canceled checks or receipts.

(h) No alternative arrangement for direct payment shall be approved where the obligor or the custodial parent is receiving services under Title IV-D of the federal Social Security Act or where the dependents of the obligor receive public assistance, including public assistance from the department of human services under chapter 346, foster care under section 571-48, Title IV-E or Title XIX of the federal Social Security Act (42 U.S.C. §1396), or where the obligor owes child support for a period during which public assistance was provided to the child or children by the department of human services.

(i) Any alternative arrangement for direct payment shall pertain only to the method of payment of child support. The amount of child support shall be determined according to the child support guidelines pursuant to sections 576D-7 and 576E-15.

(j) The alternative arrangement for direct payment shall become effective upon approval and filing by the court. For any order approved pursuant to this section on or after October 1, 1998, each party shall send a certified copy of the order to the state case registry established under section 576D-6.

(k) The agency shall not be required to maintain records while an order obtained pursuant to this section is in effect, except for any payments received and disbursed by the agency. [L 1986, c 332, pt of §2; am L 1987, c 323, §1; am L 1988, c 34, §1; am L 1992, c 246, §2; am L 1996, c 178, §2; am L 1997, c 294, §3; am L 1999, c 300, §3; am L 2002, c 31, §1 and c 72, §5; am L 2009, c 115, §2; am L 2011, c 79, §3]
Haw. Rev. Stat. § 576D-1 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-1
Definitions.
Status: in_force

For the purpose of this chapter:

"Absent parent" means a parent who is absent from the family, whether or not the parent is a debtor parent.

"Agency" means the child support enforcement agency established under section 576D-2.

"Child support" means payment for the necessary support and maintenance of a child as required by law that includes but is not limited to spousal support when being enforced in conjunction with child support or medical support when a court or administrative order requires the debtor parent to pay an amount in lieu of providing medical insurance coverage or to reimburse for maternity and delivery expenses incurred when the debtor parent's child was born.

"Compliance with an order of support" means that an obligor:

(1) Is not delinquent in payments in an amount equal to or greater than the sum of payments for child support for a three-month period with regard to driver's licenses and recreational licenses and a six-month period with regard to professional and vocational licenses; or

(2) Has obtained or maintained health insurance coverage as required by a child support order.

"Custodial parent" means a parent, guardian, or other person having custody of the child.

"Debtor parent" means any person who is delinquent in payment of child support payments or who owes a public assistance debt.

"Department" means the department of attorney general, unless otherwise specified.

"License" means any license, certification, registration, or permit issued by a licensing authority for recreational purposes, or to conduct a trade or business, including a license to practice a profession or vocation, or a license to operate any motor vehicle, boat, airplane, or helicopter.

"Licensing authority" means any unit of the state or county government, including agencies, departments, boards, commissions, or authorities, or any other entity within the State or county authorized by statute to grant or deny licenses.

"Obligor" means a responsible parent obligated by court or administrative order to pay child support.

"Office" means the office of child support hearings established pursuant to chapter 576E.

"Order of support" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorney's fees, and other relief. An order of support may include spousal support when ordered to be paid in conjunction with the support and maintenance of a child; provided that the spousal support provision in an order of support shall only be enforced by the agency when the support and maintenance of a child is being enforced. An order of support may also include medical support when the debtor parent is ordered to pay an amount in lieu of providing medical insurance coverage or to reimburse for maternity and delivery expenses incurred when the debtor parent's child was born.

"Other state" includes:

(1) All states of the United States other than the State of Hawaii;

(2) The District of Columbia;

(3) Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States;

(4) Any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe and is included in the list of federally recognized Indian tribal governments as published in the Federal Register that is operating under Title IV-D; and

(5) A foreign country or a political subdivision thereof:

(A) Declared to be a foreign reciprocating country under Title IV-D; or

(B) W ith which the State has entered into a reciprocal arrangement for the establishment and enforcement of support obligations to the extent consistent with Title IV-D .

"Spousal support" means a legally enforceable obligation assessed against an individual for the support of a spouse or a former spouse who is living with a child or children for whom the individual also owes support.

"State" means the State of Hawaii.

"Title IV-A", "Title IV-B", "Title IV-C", "Title IV-D", and "Title IV-E" mean Title IV-A, Title IV-B, Title IV-C, Title IV-D, and Title IV-E, respectively, of the federal Social Security Act (August 14, 1935, Chapter 531, 49 Stat. 620), as amended. [L 1986, c 332, pt of §2; am L 1989, c 133, §2; am L 1996, c 13, §15; am L 1997, c 293, §26; am L 1998, c 83, §3 and c 153, §4; am L 2002, c 72, §3 and c 84, §1; am L 2006, c 43, §1; am L 2011, c 79, §1]
Haw. Rev. Stat. § 577-6 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-6
Duty of minor children.
Status: in_force

All children during their minority shall obey the lawful commands of their parents, or, the lawful commands of their natural or adoptive parents, or of the guardians appointed according to law. [PC 1869, c 79, §5; RL 1925, §3044; am L 1931, c 77, §2; RL 1935, §4512; RL 1945, §12263; RL 1955, §330-4; HRS §577-6; am L 1975, c 77, §1(2)]
Haw. Rev. Stat. § 572D-9 — HI Code / Division 3 / Title 31 / Chapter 572D / Section 572D-9
Application and construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Haw. Rev. Stat. § 571-33 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-33
Detention and shelter facilities.
Status: in_force

Provisions shall be made for the temporary detention of children or minors in a detention home, to be conducted as an agency of the court; or the court may arrange for the care and custody of such children or minors temporarily in private homes subject to the supervision of the court, or may arrange with any institution or agency to receive for temporary care and custody children or minors within the jurisdiction of the court.

When a detention home is established as an agency of the court, the judge may appoint a director of detention services and other necessary employees for such home in the same manner as is provided by law for the appointment of other employees of the court.

A detention home established in any circuit may be used for the temporary detention of children or minors ordered to be detained by the court of another circuit. The use shall be subject to the approval of the judge of the court of the circuit in which the detention home is situated, upon such terms and conditions as may be established by the judge.

The family court shall also provide nonsecure shelter facilities separate from detention facilities. In referring minors to a nonsecure shelter, the court shall consider the minor's background, degree of involvement in illegal and antisocial activities, current behavioral patterns, and any other relevant criteria to determine placement. [L 1965, c 232, pt of §1; Supp, §333-18; HRS §571-33; am L 1988, c 294, §7]
Haw. Rev. Stat. § 583A-306 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-306
Enforcement of registered determination.
Status: in_force

(a) A court of this State may grant any relief normally available under the law of this State to enforce a registered child-custody determination made by a court of another state.

(b) A court of this State shall recognize and enforce, but may not modify, except in accordance with part II, a registered child-custody determination of a court of another state. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 578-1.5 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-1.5
Adoption.
Status: in_force

Any person may be adopted under this chapter; provided that an adult to be adopted must give written consent to the adoption.
Haw. Rev. Stat. § 571-72 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-72
Duties and powers; reports; expungement of juvenile arrest records.
Status: in_force

(a) The juvenile division or section shall direct its attention specifically to the suppression, prevention, and investigation of crimes committed by children under the age of eighteen years, and any police officer shall have the power and authority to take and detain any minor coming under section 571-11 at the division or section or other suitable places for questioning and investigation. If it appears upon conclusion of the investigation that the minor does come within such provisions, the minor may be counseled and released, and follow-up counseling provided or the minor may be referred to the family court or to a proper agency for treatment, and a written report of the findings of the officer shall be submitted to the court or agency.

(b) Upon receipt of an expungement order issued by the family court under section 571-88, the police shall expunge the arrest record of the minor. [L 1965, c 232, pt of §1; Supp, §333-33; HRS §571-72; am L 1976, c 85, §16; am L 1980, c 303, §3(1); am L 2001, c 233, §2]
Haw. Rev. Stat. § 577-17 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-17
REPEALED.
Status: in_force

L 1975, c 77, §1(6).
Haw. Rev. Stat. § 576B-318 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-318
Assistance with discovery.
Status: in_force

A tribunal of this State may:

(1) Request a tribunal outside this State to assist in obtaining discovery; and

(2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this State. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 583A-310 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-310
Hearing and order.
Status: in_force

(a) Unless the court issues a temporary emergency order pursuant to section 583A-204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(1) The issuing court did not have jurisdiction under part II;

(2) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under part II; or

(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 583A-108, in the proceedings before the court that issued the order for which enforcement is sought.

(b) The court may award the fees, costs, and expenses authorized under section 583A-312 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate.

(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 571-92 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-92
Application.
Status: in_force

This part shall only apply to actions under chapters 580 and 584A. Nothing in this part shall supersede any provision of any existing state or federal law. The provisions in this part shall be interpreted consistently with other relevant laws and the standard of "best interest of the child" shall remain paramount.
Haw. Rev. Stat. § 576E-13 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-13
Appeal to the family court.
Status: in_force

(a) Any party, including the agency, who is aggrieved by a final decision and order in a contested case or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive appellant of adequate relief is entitled to judicial review under chapter 91.

(b) Proceedings for review shall be instituted in the family court of the circuit where the final decision and order was filed within thirty days after the preliminary ruling or within thirty days after service of the certified copy of the final decision and order of the hearings officer or agency. The filing of a notice of appeal shall not stay enforcement of the administrative order.

(c) The senior family court judge or senior judge may assign the hearing and disposition of such appeals to any district judge of the family court who shall exercise all of the powers conferred upon a circuit court by section 91-14. [L 1988, c 154, pt of §2; am L 1989, c 61, §5; am L 1990, c 176, §19; am L 2001, c 95, §7]
Haw. Rev. Stat. § 571-86 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-86
Cooperation.
Status: in_force

Every public official or department shall render all assistance and cooperation within the official's or its jurisdictional power which may further the objects of this chapter. The court may seek the cooperation of organizations whose object is to protect or aid children and family life.
Haw. Rev. Stat. § 572-12 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-12
By whom solemnized.
Status: in_force

(a) A license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by:

(1) Any minister, priest, or officer of any religious denomination or society who has been ordained or is authorized to solemnize marriages according to the usages of that denomination or society;

(2) Any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society; or

(3) Any justice or judge or magistrate, active or retired, of a state or federal court in the State,

upon presentation to the person or society solemnizing the marriage of a license to marry, as prescribed by this chapter. A person or society licensed to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered.

(b) A civil license to solemnize marriages may be issued to, and the marriage rite may be performed and solemnized by, any individual at least eighteen years of age, upon presentation to the individual of a license to marry, as prescribed by this chapter. An individual with a civil license to solemnize a marriage may receive the price stipulated by the parties or any gratuity tendered. An individual who performs a solemnization of a marriage pursuant to a civil license issued under this subsection shall obtain the prior written consent of each person for whom a solemnization is performed and fulfill all provisions of sections 572-13 and 572 ‑ 15 applicable to persons authorized to solemnize marriages. [CC 1859, §1285; RL 1925, §2950; am L 1929, c 104, §6; RL 1935, §4640; RL 1945, §12361; RL 1955, §323-12; HRS §572-12; am L 1969, c 19, §2; am L 1974, c 15, §1; am L 2021, c 211, §2; am L 2023, c 206, §3]
Haw. Rev. Stat. § 577-9 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-9
Jury trial, when.
Status: in_force

In trials of any person over the age of majority arising under sections 709-902, 709-903, 709-904, and 709-905, the person proceeded against shall have the right to a trial by jury which shall be granted as in other cases, unless waived. If the finding of the jury is against the person tried their verdict shall so state, in which event the court, in its discretion, may enter such judgment as it deems proper in the premises.
Haw. Rev. Stat. § 580-10 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-10
Restraining orders; appointment of master.
Status: in_force

(a) When a complaint for annulment, divorce, or separation is filed in this State, on an application by either party, supported by affidavit or a statement made under penalty of perjury, the court, without a hearing, shall:

(1) Order each of the parties to that action to timely provide to the other party full financial and property disclosure on forms provided by the court; and

(2) Order and restrain each of the parties to that action from transferring, encumbering, wasting, or otherwise disposing of any of their property, whether real, personal, or mixed, over and above current income, except as necessary for the ordinary course of a business or for usual current living expenses, without the consent and concurrence of the other party to such action for divorce, or further specific order of the court. Where restraining orders are issued against the other party to the action, the non-filing party shall be served promptly with the financial restraining order and shall be entitled to a prompt hearing to show cause why the order should not be enforced.

(b) In all actions for annulment, divorce, or separation, the court shall have the power to issue such restraining orders against a person or persons not a party to the action, as shall be reasonably required during the pendency of such action, to preserve the estates of the parties. Where such restraining orders are issued against a person or persons not a party to the action, such persons shall be promptly served with the order and shall be entitled to a prompt hearing within a reasonable time to show cause why such order should not be enforced.

(c) In all actions for annulment, divorce, or separation, the court shall have the power to appoint a master, or masters, to make preliminary findings and to report to the court on any issue. The written reports of a master shall be available to interested parties and may be received in evidence if no objection is made; or if objection is made, may be received in evidence provided the person or persons responsible for the reports are available for cross-examination as to any matter contained therein. When a report is received in evidence, any party may introduce other evidence supplementing, supporting, modifying, or rebutting the whole or any part of the report.

(d) Whenever it is made to appear to the court after the filing of any complaint, that there are reasonable grounds to believe that a party thereto may inflict physical abuse upon, threaten by words or conduct, or harass the other party, the court may issue a restraining order to prevent such physical abuse, threats, or harassment, and shall enjoy in respect thereof the powers pertaining to a court of equity. Where necessary, the order may require either or both of the parties involved to leave the marital residence during the period of the order, and may also restrain the party to whom it is directed from contacting, threatening, or physically abusing the children or other relative of the spouse who may be residing with that spouse at the time of the granting of the restraining order. The order may also restrain a party's agents, servants, employees, attorneys, or other persons in active concert or participation with the respective party.

(1) A knowing or intentional violation of a restraining order issued pursuant to this section is a misdemeanor. A person convicted under this section shall undergo domestic violence intervention at any available domestic violence program as ordered by the court. The court additionally shall sentence a person convicted under this section as follows:

(A) For a first conviction for violation of the restraining order, the person shall serve a mandatory minimum jail sentence of forty-eight hours and be fined not less than $150 nor more than $500; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine; and

(B) For the second and any subsequent conviction for violation of the restraining order, the person shall serve a mandatory minimum jail sentence of thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine.

Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist.

The court may suspend any jail sentence, except for the mandatory sentences under subparagraphs (A) and (B), upon condition that the defendant remain alcohol and drug-free, conviction-free or complete court-ordered assessments or intervention. Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense. All remedies for the enforcement of judgments shall apply to this section.

(2) Any law enforcement officer shall enforce a restraining order issued pursuant to this subsection, including lawfully ordering the restrained party to voluntarily leave for a three-hour cooling off period, or, with or without a warrant, where the law enforcement officer has reasonable grounds to believe that the restrained party has violated the restraining order, arresting the restrained party.

(e) Any fines collected pursuant to subsection (d) shall be deposited into the spouse and child abuse special account established under section 601-3.6. [L 1947, c 122, §1; RL 1955, §324-35; am L 1966, c 22, §6; HRS §580-10; am L 1973, c 211, §5(f); am L 1983, c 187, §1 and c 246, §1; am L 1992, c 290, §1; am L 1993, c 6, §24; am L 1999, c 200, §3; am L 2011, c 140, §1]
Haw. Rev. Stat. § 572D-2 — HI Code / Division 3 / Title 31 / Chapter 572D / Section 572D-2
Formalities.
Status: in_force

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.
Haw. Rev. Stat. § 578-14.5 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-14.5
Medical information on the natural parents of the adopted minor child.
Status: in_force

(a) The department of health shall prepare a standard form entitled, "medical information form", for the purpose of perpetuating medical information on the natural parents of the adopted minor child. This form shall include a request for any information relating to the adopted child's potential genetic or other inheritable diseases or afflictions, including but not limited to known genetic disorders, inheritable diseases, and similar medical histories, if known, of the parents of the natural parents. The department of health shall make these forms available to all affected public agencies, all child placing organizations approved by the department of human services under section 346-17, attorneys, and other private individuals assisting the natural or adoptive parents in the adoption process, and the family court.

(b) All affected public agencies and all child placing organizations approved by the department of human services under section 346-17 shall make reasonable efforts to complete this form with medical information on both natural parents, to obtain from the natural parents written consent to the release of this information to or for the benefit of the adopted child, and whenever possible, to obtain from the birthing parent a signed release to receive a copy of all of the birthing parent's medical records, relating to the birth of the adopted child, that are within the possession of the hospital or other facility at which the child was born. When applicable, the family court may require the petitioner or the petitioner's agent in the adoption proceeding to obtain this completed form from the natural parents with their consents and the signed release from the birthing parent.

(c) Whenever possible, a completed form with the required information on each natural parent shall accompany any document, to be filed with the family court, which requests the relinquishment, termination, or divestiture of parental rights, as provided under sections 571-61 and 587A-31, and the petition for adoption under this chapter. If available, a copy of the hospital or other facility's medical records under subsection (b) shall also accompany the document to be filed in the family court. This copy shall not be disseminated to the parties and shall be sealed by the family court pending transmittal to the department of health.

(d) For good cause shown, the family court may waive the requirement in subsection (c).

(e) If the natural parents have been court ordered to complete the forms required in subsection (c) pursuant to section 587A-28(e)(6), and have either failed to complete the forms or have failed to return the completed forms to the department of human services, the requirement in subsection (c) shall be waived.

(f) The completed forms shall be made a part of the records of the department of health.

(g) The completed forms and, if applicable, the previously sealed copy of the birthing parent's medical records shall be forwarded to the department of health. The department shall extract from the medical records pertinent information relating to inheritable diseases and genetic disorders and shall retain this information in an abstract. The completed forms and the abstract, if available, shall be included in the department's adoption records.

(h) An adopted child upon reaching the age of majority, the adoptive parent, guardian, or custodian on behalf of a minor adopted child, or an authorized designee of the adult adopted child or of the minor's adoptive parent may file a written application with the department of health for access to the information described in subsection (g).

(i) Upon the filing of the application in subsection (h), the department of health shall furnish the applicant with a copy of the completed forms and, if available, the abstract of pertinent information from the birthing parent's medical records. The department is authorized to disclose the information under this subsection without prior court approval, notwithstanding section 338-20(e).

Nothing in this section shall be construed or applied in any manner to require any public agency or child placing organization to reveal the identities of the natural parents without their consents. [L 1988, c 274, §1; am L 1991, c 148, §§1, 2; am L 2001, c 67, §1; am L 2010, c 135, §6; am L 2023, c 160, §5]
Haw. Rev. Stat. § 576B-709 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-709
Partial enforcement.
Status: in_force

If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Haw. Rev. Stat. § 571-53 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-53
Signing of papers.
Status: in_force

Unless otherwise specifically provided by law, any decree, order to show cause, injunction, summons, subpoena, warrant, or notice issued by the court in connection with any case or cause, shall have the same validity, force, and effect whether signed by a judge, a district family judge, or a clerk of the court.
Haw. Rev. Stat. § 587A-4 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-4
Definitions.
Status: in_force

As used in this chapter, unless the context clearly indicates otherwise:

"Abandoned infant" means a child who is three years old or younger and:

(1) The child's parents, regardless of any incidental contact or communication with the child, have demonstrated an extreme disinterest in or lack of commitment for assuming parental responsibility for the child;

(2) The persons with whom the child resides have not known the identity or whereabouts of the child's parents for sixty days or more, and reasonable efforts have been made to identify or locate the child's parents; or

(3) The child's mother also falls under the provisions of paragraph (1) or (2), and the child's presumed or alleged father has failed to assert a claim or interest as a parent for sixty days or more; provided that the child's father has knowledge of the child's birth and that he is the child's presumed or alleged father.

"Adjudication" means a finding by a court that is supported by a preponderance of the evidence that the child has been harmed or is subjected to threatened harm by the acts or omissions of the child's family.

"Aggravated circumstances" means that:

(1) The parent has murdered, or has solicited, aided, abetted, attempted, or conspired to commit the murder or voluntary manslaughter of, another child of the parent;

(2) The parent has committed a felony assault that results in serious bodily injury to the child or another child of the parent;

(3) The parent's rights regarding a sibling of the child have been judicially terminated or divested;

(4) The parent has tortured the child;

(5) The child is an abandoned infant;

(6) The parent has committed sexual abuse against another child of the parent; or

(7) The parent is required to register with a sex offender registry under section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, title 42 United States Code section 16913(a).

"Authorized agency" means the department, other public agency, or a person or organization that is licensed by the department or approved by the court to receive children for control, care, maintenance, or placement.

"Birth parent" and "biological parent" can be used interchangeably and mean the biological parents of the child. The term "birth", as used in this chapter, is interchangeable with the term "natural", as that term is used in chapter 578.

"Caregiver" means an adult who is not a child's parent or legal and physical custodian, and with whom the child has been residing for at least six months with the verbal or written consent of the child's legal and physical custodian. The status of "caregiver" as used in this chapter does not pertain to court-ordered or voluntary foster placement.

"Case plan" means the combined safe family home factors and the service plan or permanent plan.

"Child" means a person who is born alive and is less than eighteen years of age.

"Clear and convincing evidence" means the degree of proof that will produce in the mind of the trier of fact a firm belief or conviction that the fact sought to be proved is true. This measure falls between the preponderance standard of typical civil cases and the beyond-a-reasonable-doubt standard of criminal cases.

"Court" means one of the family courts established pursuant to chapter 571.

"Court-appointed special advocate" means a responsible adult volunteer who has been trained and is supervised by a court-appointed special advocate program recognized by the court, and who, when appointed by the court, serves as an officer of the court in the capacity of a guardian ad litem.

"Criminal history record check" means an examination of an individual's criminal history through fingerprint analysis or name inquiry into state and national criminal history records and files, including the files of the Hawaii criminal justice data center.

"Date of entry into foster care" means the date a child was first placed in foster custody by the court or sixty days after the child's actual removal from the home, whichever is earlier.

"Default" means the status found by the court when a party who has been properly served or notified of a scheduled hearing fails to appear at court for the hearing or fails to plead or otherwise defend, thereby allowing the court to proceed without the absent party.

"Department" means the department of human services and its authorized representatives.

"Exigent circumstances" means that, based on specific and articulable evidence, there is reasonable cause to believe that immediately assuming protective custody and temporary foster custody of a child is necessary to protect the child from serious harm that is likely to occur before a court order can be obtained.

"Family" means each legal parent of a child; the birthing parent, unless the child has been legally adopted; the concerned non-birthing parent as provided in section 578-2(a)(5), unless the child has been legally adopted; each parent's spouse or former spouse; each sibling or person related by blood or marriage; each person residing in the dwelling unit; and any other person or legal entity with:

(1) Legal or physical custody or guardianship of the child, or

(2) Responsibility for the child's care.

For purposes of this chapter, the term "family" does not apply to an authorized agency that assumes the foregoing legal status or relationship with a child.

"Family home" means the home of the child's legal custodian.

"Family supervision" means the legal status in which a child's legal custodian is willing and able, with the assistance of a service plan, to provide the child with a safe family home.

"Foster care" means continuous twenty-four-hour care and supportive services provided for a child by an authorized agency or the court, including, the care, supervision, guidance, and rearing of a child by a resource family.

"Foster custodian" means the authorized agency that has foster custody of the child.

"Foster custody" means the legal status created when the department places a child outside of the family home with the agreement of the legal custodian or pursuant to court order, after the court has determined that the child's family is not presently willing and able to provide the child with a safe family home, even with the assistance of a service plan.

"Foster parent" or "foster family" means a person or family licensed by the department or another authorized agency to provide foster care services for children and can be used interchangeably with "resource family".

"Guardian ad litem" means any person who is appointed by the court under this chapter to protect and promote the needs and interests of a child or a party, including a court-appointed special advocate.

"Hanai relative" means an adult, other than a blood relative, whom the court or department has found by credible evidence to perform or to have performed a substantial role in the upbringing or material support of a child, as attested to by the written or oral designation of the child or of another person, including other relatives of the child.

"Harm" has the same meaning as "child abuse or neglect" as defined in section 350-1.

"Imminent harm" means that there is reasonable cause to believe that harm to the child will occur or reoccur and no reasonable efforts other than removal of the child from the family home will adequately prevent the harm.

"Incapacitated person" means a person who, even with appropriate and reasonably available assistance, is unable to substantially:

(1) Comprehend the legal significance of the issues or nature of the proceedings under this chapter;

(2) Consult with counsel; and

(3) Assist in preparing the person's case or strategy.

Incapacity shall not be based solely on a person's status as a minor.

"Ohana conference" means a family-focused, strength-based meeting conducted by trained community facilitators that is designed to build and enhance the network of protection for a child who is subject to a proceeding under this chapter. Ohana conferences include extended family members and other important people in the child's life and rely on them to participate in making plans and decisions. The purpose of the ohana conference is to establish a plan that provides for the safety and permanency needs of the child.

"Parent" means any legal parent of a child; the birth mother, unless the child has been legally adopted; the adjudicated, presumed, or concerned birth father of the child as provided in section 578-2(a)(5), unless the child has been legally adopted; or the legal guardians or any other legal custodians of the child.

"Party" means an authorized agency; a child who is subject to a proceeding under this chapter; the child's parents and guardian ad litem; any other person who is alleged in the petition or who is subsequently found at any child protective proceeding to be encouraging, causing, or contributing to the acts or conditions that brought the child within the scope of this chapter; and may include any other person, including the child's current foster parent or current resource family, if the court finds that such person's participation is in the best interest of the child; provided that the court may limit a party's right to participate in any child protective proceeding if the court deems such limitation of such party's participation to be consistent with the best interests of the child and such party is not a family member who is required to be summoned pursuant to section 587A-13, except as otherwise provided in this chapter.

"Permanent custody" means the legal status created by order of the court after the termination of parental rights as set forth in this chapter.

"Permanent plan" means a specific, comprehensive written plan prepared pursuant to section 587A-32.

"Police officer" means a person employed by any county in the State of Hawaii to enforce the laws and ordinances for preserving the peace and maintaining safety and order in the community, or an employee authorized by the director of law enforcement under section 329-51 or 353C-4 to exercise the powers set forth in this chapter.

"Preponderance of the evidence" means the degree of proof, which as a whole, convinces the trier of fact that the fact sought to be proved is more probable than not. "Preponderance of the evidence" shall be the standard of proof required in any proceeding, unless otherwise specified.

"Protective custody" means the legal status of a child whose physical custody is assumed by a police officer under this chapter.

"Reasonable cause to believe" means the degree of proof that would cause a person of average caution to believe the evidence is reasonably trustworthy.

"Relative" means a person related to a child by blood or adoption, or a hanai relative as defined in this chapter, who, as determined by the court or the department, is willing and able to safely provide support to the child and the child's family.

"Resource family" means a person or family licensed by the department or another authorized agency to provide foster care services for children and can be used interchangeably with "foster parent" and "foster family".

"Safe family home factors" means a list of criteria that must be considered in determining whether a parent is able to provide a safe family home as set out herein in section 587A-7.

"Service plan" means a specific, comprehensive written plan prepared by an authorized agency pursuant to section 587A-27.

"Temporary family supervision" means a legal status created under this chapter pursuant to court order after the department has filed a petition for temporary foster custody, and the court finds it more appropriate to return the child to the child's family home pending an adjudication determination.

"Temporary foster custody" means a legal status created under this chapter with or without a court order, whereby the department temporarily assumes the duties and rights of a foster custodian of a child.

"Termination of parental rights" means the severance of parental rights.

"Threatened harm" means any reasonably foreseeable substantial risk of harm to a child. [L 2010, c 135, pt of §1; am L 2012, c 28, §2; am L 2013, c 246, §4; am L 2022, c 278, §17; am L 2023, c 160, §14; am L 2024, c 144, §1]
Haw. Rev. Stat. § 571-24 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-24
Failure to answer summons; warrants.
Status: in_force

Any person summoned as provided in section 571-23 who, without reasonable cause, fails to appear, may be proceeded against for contempt of court. If the summons cannot be served, or if the parties served fail to obey the summons, or if it is made to appear to the judge that serving the summons will be ineffectual or that the welfare of the minor requires that the minor be brought forthwith into the custody of the court, a warrant may be issued for the parent, the guardian, or the minor.

If, after being summoned or notified to appear, a parent fails to do so, a warrant may be issued for the parent's appearance, and the hearing shall not take place without the presence of one or both of the parents or the guardian, or, if none is present, a guardian ad litem appointed by the court to protect the interests of the minor. The court may also appoint a guardian ad litem, whenever this is necessary for the welfare of the minor, whether or not a parent or guardian is present. [L 1965, c 232, pt of §1; Supp, §333-15; HRS §571-24; gen ch 1985]
Haw. Rev. Stat. § 586-12 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-12
[ §586-12] Mutual protective orders.
Status: in_force

[ §586-12] Mutual protective orders. No protective order shall be entered against the plaintiff in the same petition unless:

(1) The respondent properly files a separate petition; and

(2) The plaintiff has reasonable notice of the filing of the separate petition. [L 2016, c 4, §2]
Haw. Rev. Stat. § 576D-15 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-15
Financial institution data match system.
Status: in_force

(a) The agency may enter into agreements with financial institutions doing business in the State to develop and operate a data match system for the purposes of support enforcement, using automated data exchanges to the maximum extent feasible.

(b) The financial institution shall provide to the agency, on a quarterly basis, the name, record address, social security number or other taxpayer identification number, and other identifying information for each noncustodial parent who maintains an account at such institution and who owes past due support, as identified by the agency by name and social security number or other taxpayer identification number. The information provided by the financial institution shall also include the name and last known address of all account holders of any account reported under this section.

(c) In response to a notice of lien or levy, the financial institution, if holding assets on behalf of any noncustodial parent who is subject to a child support lien arising by operation of law against real and personal property for delinquent support owed by the noncustodial parent who resides in or owns property in the State shall accord those liens full faith and credit when the agency or other entity seeking to enforce the lien has complied with the procedural rules of the State and, if applicable, section 501-102, and shall surrender those assets to the agency or other entity seeking to enforce the lien, or encumber those assets in accordance with the lien.

(d) The agency may pay a reasonable fee to a financial institution for conducting the data match provided for in this section, not to exceed the actual costs incurred by the institution.

(e) A financial institution shall not be liable under any state law to any person for:

(1) The disclosure of information to the agency under this section;

(2) The encumbrance or surrender of any assets held by such financial institution in response to a notice of lien or levy issued by the agency as provided for in subsection (c); or

(3) Any other action taken in good faith to comply with the requirements of this section.

(f) Unless otherwise required by applicable law, a financial institution furnishing a report or providing information to the agency under this section shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the agency; provided that an institution may disclose to its depositors or account holders that under the bank match system the agency has the authority to request certain identifying information on certain depositors or account holders. If an institution wilfully violates this section, the institution shall pay to the agency the lesser of $1,000 or the amount on deposit or in the account of the person to whom such disclosure was made. An institution shall incur no obligation or liability to a depositor or account holder or any other person arising from the furnishing of a report or information to the agency under this section, or from the failure to disclose to a depositor or account holder that the name of such person was included in a list furnished by the agency or in a report furnished by the institution to the agency. An institution may charge an account levied on by the agency a fee, as determined by the agency, of not less than $20 nor more than $50 which shall be deducted from such account prior to remitting any funds to the agency.

(g) For purposes of this section:

"Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or a money-market mutual fund account.

"Financial institution" means every financial institution doing business in the State, as defined in section 412:1-109, and the term also includes but is not limited to any benefit association, insurance company, safe deposit company, money-market mutual fund, or entity similar to the foregoing authorized to do business in the State.

"Financial record" means the same as the term in section 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. §3401).

"Money-market mutual fund" means every regulated investment company within the meaning of section 851(a) of the Internal Revenue Code of 1986, as amended, which seeks to maintain a constant net asset value of one dollar in accordance with 17 C.F.R. §270.2a-7. [L 1997, c 293, pt of §6; am L 2001, c 95, §4; am L 2009, c 115, §4]
Haw. Rev. Stat. § 576B-402 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-402
Proceeding to determine parentage.
Status: in_force

(a) A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.

(b) In a proceeding to determine parentage, a responding tribunal of this State shall apply chapter 584A and the rules of this State on choice of law. [L 2015, c 77, pt of §1; am L 2025, c 298, §20]
Haw. Rev. Stat. § 576D-8 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-8
Transmittal of money collected to department of human services.
Status: in_force

The moneys collected by the agency on behalf of the department of human services shall be transmitted to the department of human services as required by Title IV-D of the Social Security Act.
Haw. Rev. Stat. § 576B-310 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-310
Duties of child support enforcement agency as state information agency.
Status: in_force

(a) The child support enforcement agency is the state information agency under this chapter.

(b) The state information agency shall:

(1) Compile and maintain a current list, including addresses, of the tribunals in this State that have jurisdiction under this chapter and any support enforcement agencies in this State and transmit a copy to the state information agency of every other state;

(2) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;

(3) Forward to the appropriate tribunal in the county in this State in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and

(4) Obtain information concerning the location of the obligor and the obligor's property within this State not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 571-8.2 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-8.2
Salary of district family judges.
Status: in_force

The salary of each district family court judge of the various district family courts of the State shall be the same as that of district court judges under section 604-2.5.

Whenever the chief justice appoints a district family court judge of any of the various district family courts of the State to serve temporarily as a circuit court judge of any of the various circuit courts of the State, the judge shall receive per diem compensation for the days on which actual service is rendered based on the monthly rate of compensation paid to a circuit court judge. For the purpose of determining per diem compensation in this section, a month shall be deemed to consist of twenty-one days. [L 1973, c 219, pt of §1; am L 1975, c 58, §24; am L 1982, c 129, §23; am L 1986, c 128, §20; am L 1988, c 396, §1]
Haw. Rev. Stat. § 577-26 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-26
Alcohol or drug abuse relating to minors; diagnosis, counseling, and related activities.
Status: in_force

(a) A counselor, certified, licensed, or otherwise authorized by law to engage in the practice of counseling services in either or both the public and private sector, may inform the spouse, parent, custodian, or guardian of any minor who requests, is referred for, or received counseling services relating to alcohol or drug abuse.

(b) If a minor consents to receive counseling services for alcohol or drug abuse, the spouse, parent, custodian, or guardian of the minor shall not be liable for the legal obligations resulting from the furnishing of such counseling services provided by the counselor. A minor who consents to the provision of counseling services under this section shall assume financial responsibility for the costs of such services, if any.

(c) Notwithstanding any other law to the contrary, no spouse, parent, custodian, or guardian, whose consent has not been obtained or who has no prior knowledge that the minor has consented to the provision of such counseling services for alcohol or drug abuse shall be liable for the costs incurred by virtue of the minor's consent.

(d) Notwithstanding any other law to the contrary, any action to recover any debt founded upon any contract, obligation or liability under this section shall not commence until a minor has reached the age of majority; provided that said action shall commence within two years of date a minor reaches the age of majority.

(e) The consent to the provision of furnishing counseling services for alcohol or drug abuse by the counselor when executed by a minor who is or professes to suffer from alcohol or drug abuse, shall be valid and binding as if the minor had achieved the minor's majority; that is, the minor who is or professes to suffer from alcohol or drug abuse, shall be deemed to have, and shall have the same legal capacity, the infancy of the minor and any contrary provisions of law notwithstanding, and such consent shall not be subject to later disaffirmance by reason of such minority; and the consent of no other person (including but not limited to a spouse, parent, custodian, or guardian) shall be necessary in order to authorize such counseling services to such a minor.

(f) In the provision of counseling services for alcohol or drug abuse, the counselor shall seek to open the lines of communication between the minor and the spouse, parent, custodian, or guardian; provided such action is deemed beneficial in achieving the desired counseling objectives. [L 1978, c 179, §1; am L 1982, c 147, §25; gen ch 1993]
Haw. Rev. Stat. § 572-16 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-16
Rules and regulations.
Status: in_force

The director of health may make such rules and regulations as may be necessary or appropriate to carry out the provisions of this chapter.
Haw. Rev. Stat. § 572-1.7 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-1.7
Continuity of rights; civil union and reciprocal beneficiary relationships.
Status: in_force

(a) Two individuals who are civil union partners or reciprocal beneficiaries with each other and who seek to marry each other shall be permitted to apply for a marriage license under section 572-6 and to marry each other under this chapter without first terminating their civil union or reciprocal beneficiary relationship; provided that the two individuals are otherwise eligible to marry under this chapter.

(b) The couple's civil union or reciprocal beneficiary relationship shall continue uninterrupted until the solemnization of the marriage consistent with this chapter, and the solemnization of the couple's marriage shall automatically terminate the couple's civil union or reciprocal beneficiary relationship.

(c) The act of seeking a license for or entering into a marriage under this chapter shall not diminish any of the rights, benefits, protections, and responsibilities that existed previously due to the couple's earlier status as civil union partners or reciprocal beneficiaries.

(d) The rights, benefits, protections, and responsibilities created by the civil union or reciprocal beneficiary relationship shall be continuous through the marriage and deemed to have accrued as of the first date these rights existed under the civil union or reciprocal beneficiary relationship; provided that the civil union or reciprocal beneficiary relationship was in effect at the time of the solemnization of the couple's marriage to each other.

(e) Any rights, benefits, protections, and responsibilities created by the solemnization of a marriage that were not included within the reciprocal beneficiary relationship shall be recognized as of the date the marriage was solemnized.

(f) Property held by the couple in tenancy by the entirety shall be subject to section 509-3. [L Sp 2013 2d, c 1, pt of §2]
Haw. Rev. Stat. § 580-46 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-46
Final judgment; nunc pro tunc entry; validation of certain marriages.
Status: in_force

Whenever either party to a divorce action is entitled to a final decree dissolving the bonds of matrimony, but by mistake, negligence, or inadvertence the final decree has not been entered, the court on motion of either party or upon its own motion may cause a final decree to be entered granting the divorce as of the date when the decree could have been entered. Upon the entry of the final decree, the parties to the divorce action shall be deemed to have been restored to the status of single persons as of the date set forth in the final decree, and any marriage of either party after such date shall not be subject to attack on the grounds that the marriage was contracted at a time when the party was undivorced in the divorce action. The court may cause a final decree to be entered nunc pro tunc as provided in this section even though another final decree may have been entered previously but by mistake, negligence, or inadvertence was not entered as soon as a final decree could have been entered.
Haw. Rev. Stat. § 571-97 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-97
Delegation of the deployed parent's contact rights to another.
Status: in_force

(a) Upon motion of the deploying parent and consistent with the best interest of the child, including safety considerations in cases involving a finding of domestic violence, the court may delegate the deploying parent's parent-child contact rights, or a portion thereof, to a family member, whether biological or by adoption, or to a person to whom the deploying parent is married or with whom the deploying parent cohabitates; provided that the family member or person has an existing close and substantial relationship with the child.

(b) Any delegated parent-child contact under this section shall not create separate rights of or standing to assert any rights to parent-child contact or any other contact for the family member or person. Any parent-child contact delegated under this section shall cease pursuant to court order, upon the return of the deployed parent, or upon the deployed parent's death. [L 2010, c 177, pt of §2]
Haw. Rev. Stat. § 576B-802 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-802
Conditions of rendition.
Status: in_force

(a) Before making a demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the governor of this State may require a prosecutor of this State to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

(b) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 572B-9 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-9
Benefits, protections, and responsibilities.
Status: in_force

Partners to a civil union lawfully entered into pursuant to this chapter shall have all the same rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, the common law, or any other source of civil law, as are granted to those who contract, obtain a license, and are solemnized pursuant to chapter 572.
Haw. Rev. Stat. § 571-86.5 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-86.5
Statewide juvenile justice interdepartmental cluster; local juvenile justice interdepartmental cluster; high-need youth services coordination.
Status: in_force

(a) There is established a statewide juvenile justice interdepartmental cluster to provide coordinated services, as defined in section 571-2, to certain children under the jurisdiction of the family court, and to provide an avenue for regular collaboration between the judiciary and the child and adolescent mental health division of the department of health.

(b) The statewide cluster shall be composed of representatives from the major youth-serving agencies with statewide authority and responsibility. The statewide cluster shall include, in addition to the judiciary, designees from the department of education, the department of health, and the office of youth services. At the discretion of the representatives in the statewide cluster, community service providers may be included as regular members.

The judiciary shall staff the statewide cluster and identify a place where development and management of coordinated services may be carried out on a regular basis.

The statewide cluster may establish local juvenile justice interdepartmental clusters that shall have the ability to refer individual cases or issues to the statewide cluster for review and recommendation.

The statewide cluster shall establish written policies and procedures for itself and any local juvenile justice interdepartmental clusters.

(c) Family courts may recommend youth for consideration by the statewide cluster based on the results of a risk and needs assessment conducted pursuant to section 571-45 indicating that a youth is high-need and if the youth is actively involved with two or more youth-serving agencies.

(d) Coordinated services for justice system-involved youth shall be identified and carried out using a coordinated service plan, developed during regular meetings of the statewide cluster. The coordinated service plan shall include:

(1) An assessment of the individual needs of the youth;

(2) Identification of services currently being provided;

(3) Identification of the necessary coordinated services;

(4) Identification of the public or private agencies that can provide the necessary coordinated services to the youth, and a description of how each coordinated service will be funded;

(5) If any necessary coordinated service need cannot be met, a specific explanation as to why the service need could not be met, such as a lack of funding or unavailability of service, which shall be reported to the board of family court judges and the Hawaii juvenile justice state advisory council; and

(6) Opportunities for participation from the youth's legal parent, guardian, or custodian.

(e) The statewide cluster shall annually report the number of cases referred to the cluster, the number of cases in which a coordinated service plan was established, and the outcome of the cases. This report shall be submitted to the board of family court judges and the Hawaii juvenile justice state advisory council. [L 2014, c 201, pt of §3]
Haw. Rev. Stat. § 576B-504 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-504
Immunity from civil liability.
Status: in_force

An employer that complies with an income withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
Haw. Rev. Stat. § 574-5 — HI Code / Division 3 / Title 31 / Chapter 574 / Section 574-5
Change of name: procedure.
Status: in_force

(a) It shall be unlawful to change any name adopted or conferred under this chapter, except:

(1) Upon an order of the lieutenant governor;

(2) By a final order, decree, or judgment of the family court issued as follows:

(A) When in an adoption proceeding a change of name of the person to be adopted is requested and the court includes the change of name in the adoption decree;

(B) When in a divorce proceeding either party to the proceeding requests to:

(i) Resume the middle name or names and the last name used by the party prior to the marriage or civil union or a middle name or names and last name declared and used during any prior marriage or civil union and the court includes the change of names in the divorce decree; or

(ii) Change the name of a minor child of one or more of the parties if the court determines that the change of name is in the child's best interest; or

(C) When in a proceeding for a change of name of a legitimate or legitimated minor initiated by one parent, the family court, upon proof that the parent initiating the name change has made all reasonable efforts to locate and notify the other parent of the name change proceeding but has not been able to locate, notify, or elicit a response from the other parent, and after an appropriate hearing, orders a change of name determined to be in the best interests of the minor; provided that the family court may waive the notice requirement to the noninitiating, noncustodial parent where the court finds that the waiver is necessary for the protection of the minor;

(3) Upon marriage or civil union pursuant to section 574‑1;

(4) Upon legitimation pursuant to section 338-21; or

(5) By an order or decree of any court of competent jurisdiction within any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, changing the name of a person born in this State.

Notwithstanding any law to the contrary, no person who is a covered offender subject to the registration requirements of section 846E-2 may obtain a name change, other than as provided in paragraph (2), (3), (4), or (5), unless a court determines that it is in the best interest of justice to grant the petition and that doing so will not adversely affect the public safety.

(b) The order of change of name by the lieutenant governor shall be founded upon a notarized petition. The petition shall be executed by the person desirous of making the change of name. In the case of a minor, the petition shall be executed:

(1) By the parents;

(2) By the parent who has custody of the minor with the notarized consent of the noncustodial parent; or

(3) By the guardian of the minor.

(c) The filing fee of $50 shall accompany the petition when submitted and shall not be refundable.

(d) A notice of change of name signed by the lieutenant governor shall be published once in a newspaper of general circulation in the State as mentioned in the order for change of name, and the petitioner within sixty days of the signing of the notice of change of name shall deposit at the office of the lieutenant governor an affidavit executed by an officer of the newspaper publishing the notice showing that the notice has been published therein. The affidavit shall have attached to it a clipping showing the notice as published. Failure to deposit the affidavit of publication as required shall void that petition for a change of name by that petitioner.

(e) When the petition is accompanied by an affidavit executed by a prosecuting attorney of this State, the affidavit shall show that for the protection of the person desirous of making a change of name, the following actions shall not be necessary:

(1) Publication in a newspaper of general circulation in the State; and

(2) Recordation in the bureau of conveyances.

The petition, affidavit, and order shall be kept confidential. [L 1860, p 32, §6; am L 1872, c 30, §1; am L 1907, c 75, §1; RL 1925, §3122; RL 1935, §4666; am L 1935, c 93, §1; RL 1945, §12387; am L 1945, c 145, §1; am L 1953, c 237, §1; RL 1955, §327-5; am L Sp 1959 2d, c 1, §9; HRS §574-5; am L 1977, c 31, §1; am L 1980, c 153, §4; am L 1982, c 50, §1; am L 1983, c 251, §1; am L 1984, c 245, §1; am L 1985, c 190, §2; am L 1986, c 250, §1; am L 1991, c 121, §3; am L 1992, c 5, §1; am L 1995, c 152, §1; am L 1998, c 311, §9; am L 2004, c 81, §1 and c 161, §36; am L 2007, c 47, §1; am L 2012, c 267, §14; am L 2014, c 220, §1]
Haw. Rev. Stat. § 578-16 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-16
Effect of adoption.
Status: in_force

(a) A legally adopted individual shall be considered to be a natural child of the whole blood of the adopting parent or parents as provided in the Uniform Probate Code, relating to the descent of property.

(b) The former legal parent or parents of an adopted individual and any other former legal kindred shall not be considered to be related to the individual as provided in the Uniform Probate Code except as provided in this section.

(c) An adopted individual and the individual's adopting parent or parents shall sustain toward each other the legal relationship of parents and child and shall have all the rights and be subject to all the duties of that relationship, including the rights of inheritance from and through each other and the legal kindred of the adoptive parent or parents, the same as if the individual were the natural child of the adopting parent or parents.

(d) Except as provided in subsection (e), all legal duties and rights between the individual and the individual's former legal parent or parents shall cease from the time of the adoption; provided that, if the individual is adopted by an individual married to a legal parent of the individual, the full reciprocal rights and duties that theretofore existed between the legal parent and the individual, and the rights of inheritance as between the individual and the legal parent and the legal relatives of the parent, as provided in chapter 560, shall continue, notwithstanding the adoption, subject only to the rights acquired by and the duties imposed upon the adoptive parents by reason of the adoption.

(e) Notwithstanding subsections (b) and (d), if an individual is adopted before that individual attains the age of majority and the individual is adopted by:

(1) A spouse of a natural parent of the individual; or

(2) A natural grandparent, sibling of the individual's natural parent, or sibling of the individual or the spouse of a natural grandparent, sibling of the individual's natural parent, or sibling;

then for the purposes of interpretation or construction of a disposition in any will, trust, or other lifetime instrument, whether executed before or after the order of adoption, and for purposes of determining heirs at law, the rights of the adopted individual and the individual's descendants with respect to the individual's natural family shall not be affected by the adoption, and they shall be included in any determination of heirs or members of any class, unless specifically excluded by name or class.

(f) An adopted individual, who by reason of subsection (e) would be a member of two or more designations or classes pursuant to a single instrument, both by relationship through a natural parent and through an adoptive parent, shall be entitled to benefit by membership in only one of these designations or classes, which shall be the larger share.

(g) An adopted individual shall be considered as a child of both the adopted and natural parents for the sole purpose of determining familial relationships, including the conditions of leases and identification of successors to lessees under sections 208 and 209 of the Hawaiian Homes Commission Act, 1920, as amended.

(h) For purposes of this section, if an individual has been adopted more than once, the term "natural parent" includes an adopting parent by an earlier adoption.

(i) An individual legally adopted under the laws of any state or territory of the United States or under the laws of any nation shall be accorded the same rights and benefits in all respects as an individual adopted under this chapter. [L 1905, c 83, §1; am L 1915, c 47, §3; am L 1919, c 3, §1; RL 1925, §3041; RL 1935, §4527; RL 1945, §12278; am L 1953, c 115, pt of §1; RL 1955, §331-16; HRS §578-16; am L 1976, c 194, §1(10) and c 200, pt of §1; gen ch 1985; am L 1992, c 148, §2; am L 2023, c 187, §2]
Haw. Rev. Stat. § 583A-203 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-203
Jurisdiction to modify determination.
Status: in_force

Except as otherwise provided in section 583A-204, a court of this State shall not modify a child-custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination under section 583A-201(a)(1) or (2) and:

(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under section 583A-202 or that a court of this State would be a more convenient forum under section 583A-207; or

(2) A court of this State or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 583A-111 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-111
] Taking testimony in another state.
Status: in_force

(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this State for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

(b) A court of this State may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this State shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this State by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the means of transmission. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 576B-703 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-703
Relationship of support enforcement agency to United States central authority.
Status: in_force

The support enforcement agency of this State is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
Haw. Rev. Stat. § 582-3 — HI Code / Division 3 / Title 31 / Chapter 582 / Section 582-3
Supplementary agreements.
Status: in_force

The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that the supplementary agreement requires or contemplates the use of any institution or facility of the State or requires or contemplates the provision of any service by the State, the supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of such service.
Haw. Rev. Stat. § 576B-614 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-614
Notice to issuing tribunal of modification.
Status: in_force

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file shall not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
Haw. Rev. Stat. § 587A-15 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-15
Duties, rights, and liability of authorized agencies.
Status: in_force

(a) If an authorized agency has family supervision, it has the following duties and rights, subject to such conditions or restrictions as the court deems to be in the best interests of a child:

(1) Monitoring and supervising the child and the child's family members who are parties. Monitoring and supervision shall include reasonable access to each of the family members who are parties and reasonable access into the child's family home; and

(2) Placement of the child in foster care and thereby assuming temporary foster custody or foster custody of the child. The authorized agency shall immediately notify the court when such placement occurs. Upon notification, the court shall set the case for:

(A) A temporary foster custody hearing within three days, excluding Saturdays, Sundays, and holidays; or

(B) If jurisdiction has been established, a periodic review hearing within ten days of the child's placement.

The temporary foster custody hearing or the periodic review hearing may be held at a later date, only if the court finds it to be in the best interests of the child.

(b) If an authorized agency has foster custody it has the following duties and rights:

(1) Determining where and with whom the child shall be placed in foster care; provided that the child shall not be placed in foster care outside the State without prior order of the court;

(2) Permitting the child to return to the family from which the child was removed, unless otherwise ordered by the court. The child's return may occur only if no party objects to such placement and prior written notice is given to the court and to all parties stating that there is no objection of any party to the child's return. Upon the child's return to the family, temporary foster custody or foster custody shall be automatically revoked, and the child and the child's family members who are parties shall be placed under temporary family supervision or the family supervision of the authorized agency;

(3) Ensuring that the child is provided with adequate food, clothing, shelter, psychological care, physical care, medical care, supervision, and other necessities in a timely manner;

(4) Monitoring whether the child is being provided with an appropriate education;

(5) Providing required consents for the child's physical or psychological health or welfare, including ordinary medical, dental, psychiatric, psychological, educational, employment, recreational, or social needs;

(6) Providing consents for any other medical or psychological care or treatment, including surgery, if the persons who are otherwise authorized to provide consent are unable or unwilling to consent. Before being provided to the child, this care or treatment shall be deemed necessary for the child's physical or psychological health or welfare by two physicians or two psychologists, as appropriate, who are licensed or authorized to practice in the State;

(7) Providing consent for the child's application for a driver's instructional permit, provisional driver's license, or driver's license;

(8) Providing consent to the recording of a statement pursuant to section 587A-21; and

(9) Providing the court with information concerning the child.

The court, in its discretion, may vest foster custody of a child in any authorized agency or subsequently authorized agencies, if the court finds that it is in the child's best interests to do so. The rights and duties that are so assumed by an authorized agency shall supersede the rights and duties of any legal or permanent custodian of the child.

(c) Unless otherwise provided in this section or as otherwise ordered by the court, a child's family shall retain the following rights and responsibilities after a transfer of temporary foster custody or foster custody, to the extent that the family possessed the rights and responsibilities prior to the transfer of temporary foster custody or foster custody:

(1) The right of reasonable supervised or unsupervised visitation at the discretion of the authorized agency or the court;

(2) The right to consent to adoption, to marriage, or to major medical or psychological care or treatment; and

(3) The continuing responsibility to support the child, including repayment for the cost of any care, treatment, or other service provided by the authorized agency or the court for the child's benefit.

(d) If an authorized agency has permanent custody, it has the following duties and rights:

(1) Assuming the parental and custodial duties and rights of a legal custodian and family member;

(2) Determining where and with whom the child shall live; provided that the child shall not be placed outside the State without prior order of the court;

(3) Ensuring that the child is provided with adequate food, clothing, shelter, psychological care, physical care, medical care, supervision, and other necessities in a timely manner;

(4) Monitoring whether the child is being provided with an appropriate education;

(5) Providing all required consents for the child's physical or psychological health or welfare, including medical, dental, psychiatric, psychological, educational, employment, recreational, and social needs;

(6) Providing consent for the child's application for a driver's instructional permit, provisional driver's license, or driver's license;

(7) Providing consent to adoption, change of name, and marriage; and

(8) Submitting a written report to the court if the child leaves the home of the permanent custodian for a period of seven consecutive days or more. The report shall state the child's current situation and shall be submitted on or before the tenth day, excluding Saturdays, Sundays, and holidays, after the child leaves the home.

(e) An authorized agency shall not be liable to third party persons for the acts of the child solely by reason of the agency's status as foster custodian or permanent custodian of the child. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 572-6 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-6
Application; license; limitations.
Status: in_force

(a) To secure a license to marry, the persons applying for the license shall appear:

(1) In-person or by synchronous online access before an employee of the department of health authorized to issue licenses; or

(2) In-person before an agent authorized to grant marriage licenses and shall file with the agent an application in writing, or remotely by synchronous online access before an agent and as authorized by the department of health in rules adopted pursuant to chapter 91.

The application shall be accompanied by a statement signed and sworn to by each of the persons, setting forth: each person's full name, date of birth, social security number, and residence; their relationship, if any; the full names of each person's parent; and that all prior marriages or civil unions, if any, other than an existing civil union between the persons applying for the marriage license, have been dissolved by death or dissolution. If all prior marriages or civil unions, other than an existing civil union between the persons applying for the marriage license, have been dissolved by death or dissolution, the statement shall also set forth the date of death of the last prior spouse or the date and jurisdiction in which the last decree of dissolution was entered. Any other information consistent with the standard marriage certificate, as recommended by the Public Health Service, National Center for Health Statistics, may be requested for statistical or other purposes, subject to approval of and modification by the department of health; provided that the information shall be provided at the option of the applicant and no applicant shall be denied a license for failure to provide the information. The agent shall endorse on the application, over the agent's signature, the date of the filing thereof and shall issue a license that shall bear on its face the date of issuance. Every license shall be of full force and effect for thirty days commencing from and including the date of issuance. After the thirty-day period, the license shall become void and no marriage ceremony shall be performed thereon.

(b) It shall be the duty of every person, legally authorized to grant licenses to marry, to immediately report the issuance of every marriage license to the agent of the department of health in the district in which the license is issued, setting forth all facts required to be stated in such manner and on such form as the department may prescribe. [L 1929, c 104, §3; RL 1935, §4635; RL 1945, §12356; RL 1955, §323-6; am L Sp 1959 2d, c 1, §19; HRS §572-6; am L 1969, c 191, §1; am L 1974, c 31, §1; gen ch 1985; am L 1989, c 35, §1; am L 1997, c 293, §25; am L Sp 2013 2d, c 1, §5; am L 2024, c 72, §1]

Revision Note

Pursuant to §23G-15:

(1) Subsection designations added;

(2) Comma added after "certificate"; and

(3) "Indorse" changed to "endorse".
Haw. Rev. Stat. § 580-28 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-28
Physical incapacity.
Status: in_force

An action to annul the marriage on the ground of physical incapacity of one of the parties at the time of marriage, shall only be maintained by the injured party, against the party whose incapacity is alleged, and shall in all cases be brought within two years from the solemnization of the marriage. [CC 1859, §1321; RL 1925, §2963; RL 1935, §4458; RL 1945, §12208; RL 1955, §324-8; HRS §580-28; am L 1973, c 211, §5(m)]
Haw. Rev. Stat. § 572-13 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-13
Record of solemnization; marriages, reported by whom; certified copies.
Status: in_force

(a) Recordkeeping. Every person authorized to solemnize marriage shall make and preserve a record of every marriage by the person solemnized, comprising the names of the parties married, their place of residence, and the date of their marriage.

Every person authorized to solemnize marriage, who neglects to keep a record of any marriage by the person solemnized shall be fined $50.

(b) Marriages, reported by whom. It shall be the duty of every person, legally authorized to perform the marriage ceremony, to report within three business days every marriage ceremony, performed by the person, to the agent of the department of health in the district in which the marriage takes place setting forth all facts required to be stated in a standard certificate of marriage, the form and contents of which shall be prescribed by the department of health; provided that if any person who has solemnized a marriage fails to report it to the agent of the department of health, the parties married may provide the department of health with a notarized affidavit attesting to the fact that they were married and stating the date and place of the solemnization of the marriage. Upon the receipt of that affidavit by the department of health, the marriage shall be deemed to be valid as of the date of the solemnization of the marriage stated in the affidavit; provided that the requirements of section 572-1 are met.

(c) Certified copies of certificate of marriage. The department of health shall deliver one certified copy of the certificate of marriage or the contents or any part thereof as provided in section 338-13 to the persons married.

Upon request, the department of health shall furnish to any applicant additional certified copies of the certificate of marriage or any part thereof.

Except for any certificate of marriage replaced, sealed, and filed pursuant to section 338-11.5, copies of the contents of any certificate on file with, and certified by, the department shall be considered the same as the original for all purposes.

The department may prescribe reasonable fees, if any, to be paid for certified copies of certificates. [L 1864, p 21; am L 1903, c 8, §2; am L 1911, c 23, §1; RL 1925, §2951; RL 1935, §4641; RL 1945, §12362; RL 1955, §323-13; HRS §572-13; am L 1974, c 31, §2; am L 1978, c 49, §2; am L 1981, c 202, §2; gen ch 1985; am L Sp 2013 2d, c 1, §6; am L 2023, c 179, §3]
Haw. Rev. Stat. § 572C-3 — HI Code / Division 3 / Title 31 / Chapter 572C / Section 572C-3
Definitions.
Status: in_force

For the purposes of this chapter:

"Declaration of reciprocal beneficiary relationship" means a statement in a form issued by the director that declares the intent of two people to enter into a relationship. By signing it, two people swear under penalty of perjury that they meet the requirements for a valid reciprocal beneficiary relationship.

"Director" means the director of health.

"Reciprocal beneficiaries" means two adults who are parties to a valid reciprocal beneficiary relationship and meet the requisites for a valid reciprocal beneficiary relationship as defined in section 572C-4. [L 1997, c 383, pt of §1]
Haw. Rev. Stat. § 588-3 — HI Code / Division 3 / Title 31 / Chapter 588 / Section 588-3
Director, program administrative staff.
Status: in_force

The program shall be headed by a director appointed by the administrative director of the courts. The director and administrative staff shall be subject to chapter 76.
Haw. Rev. Stat. § 571-8.4 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-8.4
Jurisdiction.
Status: in_force

The senior judge or judge of the family court of the circuit may direct that any case coming within the jurisdictional provisions of this chapter, or all cases of a class or within a district to be designated by the senior judge or judge, shall be heard by the district family judge.
Haw. Rev. Stat. § 578-7 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-7
Substituted or constructive service.
Status: in_force

Upon the filing of the affidavit referred to in section 578-6, the court may order service of the notice prescribed in sections 578-2 and 578-4 to be made as follows:

(1) Personal service or service by registered mail without the State. If the residence of a nonresident legal parent is known or is ascertained at any stage of the proceeding prior to the filing of a return of service pursuant to section 578-5, the court may order that service of notice of the time and place of hearing of the petition and of a copy thereof and of a copy of the court's order be made upon the parent by:

(A) Personal service thereof, without the State, by a person and in a manner as the court may direct; or

(B) Sending certified copies of the petition and of the notice of the time and place of the hearing thereof and of the court's order, by registered mail, addressed to the parent, with request for return receipt, which service, evidenced by the receipt signed by the parent and returned to the clerk of the court, shall be regarded as equivalent to service by publication or in lieu thereof.

When service is made pursuant to this paragraph, the time appointed for the hearing of the petition shall be not less than twenty-one days subsequent to the date of service as provided in this paragraph.

(2) Service by publication. If the residence of a parent is not known and cannot be ascertained, or if an attempt to effect service by either of the methods authorized in paragraph (1) is unsuccessful, the court may order that service shall be made by publication. The order shall direct that publication of notice of the pendency of the petition and of the time and place of the hearing thereof be made in a newspaper or newspapers suitable for the advertisement of notices of judicial proceedings once in each week for not less than four successive weeks as the court may prescribe, the last publication to be not less than twenty-one days prior to the time appointed for the hearing of the petition. The court, in addition to ordering publication, may direct that a copy of the petition and notice be forthwith deposited in the post office, addressed to the parent at the parent's last known place of residence. The service of the notice required by section 578-2 shall be deemed complete at the expiration of the time prescribed by the order of publication. [L 1919, c 3, pt of §1; RL 1925, §3038; am L 1931, c 74, §1; RL 1935, §4524; RL 1945, §12275; am L 1953, c 115, pt of §1; RL 1955, §331-7; HRS §578-7; am L 1973, c 211, §3(e); gen ch 1985; am L 2018, c 18, §47]
Haw. Rev. Stat. § 576B-610 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-610
Effect of registration for modification.
Status: in_force

A tribunal of this State may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered order may be modified only if the requirements of section 576B-611 or 576B-613 have been met.
Haw. Rev. Stat. § 577A-2 — HI Code / Division 3 / Title 31 / Chapter 577A / Section 577A-2
Consent valid.
Status: in_force

(a) The consent to the provision of medical care and services by public or private hospitals, public or private clinics, or licensed health care providers, when executed by a minor who is or professes to be pregnant; a minor who is or professes to be infected with, to be at risk of exposure to, or to have been exposed to a sexually transmitted infection; or a minor seeking family planning services shall be valid and binding as if the minor had achieved the age of majority. A minor who is, or professes to be pregnant; a minor who is or professes to be infected with, to be at risk of exposure to, or to have been exposed to a sexually transmitted infection; or a minor seeking family planning services shall be deemed to have, and shall have the same legal capacity to act, and the same legal obligations with regard to the giving of consent to hospitals, clinics, or licensed health care providers for the provision of medical care and services, as a person of full legal age and capacity, the infancy of the minor and any contrary provisions of law notwithstanding.

(b) No consent given under this section shall be subject to later disaffirmance by reason of the minor patientꞌs minority.

(c) No consent of any other person or persons, including but not limited to a spouse, parent, custodian, or guardian, shall be necessary to authorize the provision of medical care and services by hospitals, clinics, or licensed health care providers to the minor.

(d) Each licensed health care provider who provides medical care and services to a minor under this section shall ensure that an applicable covered entity has been notified that the information pertaining to the minor-initiated medical care and services shall not be disclosed. [L 1968, c 58, §4; am L 1979, c 230, pt of §1; am L 2017, c 88, §10; am L 2024, c 91, §2]
Haw. Rev. Stat. § 571-94 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-94
Hearings; electronic participation.
Status: in_force

Upon reasonable advance notice to the court and the other parent and for good cause shown, the court may expedite custody hearings involving deploying parents and may allow an already-deployed parent to participate in a custody hearing by electronic means, including telephone, video conference, and any other means available to and deemed reliable by the court.
Haw. Rev. Stat. § 578-18 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-18
[ §578-18] Interpretation of words to be gender-neutral.
Status: in_force

[ §578-18] Interpretation of words to be gender-neutral. With regard to the rights, benefits, protections, and responsibilities of persons set forth in this chapter, all gender-specific terminology, such as "wife", "husband", "mother", "father", or similar terms, shall be construed in a gender-neutral manner. This rule of interpretation shall apply to all administrative rules adopted hereunder.
Haw. Rev. Stat. § 571-48.6 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-48.6
Earned discharge from probation; reporting requirements.
Status: in_force

(a) A child placed on probation pursuant to section 571-48(1)(A) shall be eligible to receive earned discharge credits to reduce the length of the probation term. Earned discharge credits shall reduce the term of probation by thirty days for each calendar month of compliance with the rules and conditions of probation.

(b) A child is deemed to be compliant with the rules and conditions of probation, and shall be awarded earned discharge credits for the month, if there was no violation of rules and conditions of probation that month at a level that would warrant the filing of a petition or violation report. The court, at the request of the probation officer or on its own motion, may award discharge credits to children who have demonstrated substantial compliance with the rules and conditions of probation.

(c) The judiciary shall adopt guidelines and procedures for the awarding of earned credits for discharge from probation.

(d) Each administrator of the juvenile client services branch in each judicial circuit shall annually provide to the board of family court judges and the Hawaii juvenile justice state advisory council, the number and per cent of youth who received earned discharge credits and the number of credits earned by each youth. [L 2014, c 201, pt of §3]
Haw. Rev. Stat. § 586-5 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-5
Period of order; hearing.
Status: in_force

(a) A temporary restraining order granted pursuant to this chapter shall remain in effect at the discretion of the court, for a period not to exceed one hundred eighty days from the date the order is granted or until the effective date, as defined in section 586-5.6, of a protective order issued by the court, whichever occurs first, including, in the case where a temporary restraining order restrains any party from contacting, threatening, or physically abusing a minor, for a period extending to a date after the minor has reached eighteen years of age.

(b) On the earliest date that the business of the court will permit, but no later than fifteen days from the date the temporary restraining order is granted, the court, after giving due notice to all parties, shall hold a hearing on the application requiring cause to be shown why the order should not continue. In the event that service has not been effected, the court may set a new date for the hearing; provided that the date shall not exceed ninety days from the date the temporary restraining order was granted. All parties shall attend the hearing and may be represented by counsel. The court shall allow the petitioner to attend the hearing remotely if the petitioner's allegations include at least one allegation of domestic abuse as defined in section 586-1. In cases where the petitioner's allegations do not include at least one allegation of domestic abuse as defined in section 586-1, the court may allow the petitioner to attend the hearing remotely, with consideration of factors such as the petitioner's lack of transportation, child care, and paid time off, as well as the petitioner's fear of the respondent's presence.

The protective order may include all orders stated in the temporary restraining order and may provide further relief, as the court deems necessary to prevent domestic abuse or a recurrence of abuse, including orders establishing temporary visitation with regard to minor children of the parties and orders to either or both parties to participate in domestic violence intervention. [L 1982, c 123, pt of §2; am L 1983, c 186, §1; am L 1987, c 315, §3; am L 1992, c 290, §3; am L 1998, c 172, §3; am L 2011, c 85, §1; am L 2021, c 27, §2; am L 2023, c 75, §2]
Haw. Rev. Stat. § 571-5 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-5
Board of family court judges.
Status: in_force

A board of family court judges, which shall consist of all the State's family court judges and district family judges is hereby created. The board shall annually elect from among its members a chairperson who shall preside at meetings of the board. The chairperson shall have no other authority not specifically authorized under this chapter, or any applicable rule of the supreme court, or specifically delegated by a majority of the board. The board shall meet at stated times to be fixed by it but not less often than once every six months, and on call of the chairperson.

The board shall discuss and shall attempt to achieve agreement upon general policies for the conduct of the family courts and forms for use in such courts. The board shall recommend, for adoption by the supreme court, rules of court governing procedure and practices in such courts. The board shall provide the guidelines and procedures necessary to implement a single statewide standardized tool to conduct risk and needs assessments and validation of the tool every five years. The board may, within the limitations of the facilities available to the family courts of the State, seek the consolidation of the statistical and other data on the work and services of such courts and research studies that may be made of the problems of families and children dealt with by such courts to the end that the treatment of children and families subject to the jurisdiction of such courts shall achieve the highest possible degree of uniformity throughout the State and to the further end that knowledge of treatment, methods and therapeutic practices be shared among such courts. The board may also formulate recommendations for remedial legislation. All actions by the board shall be subject to the regulatory supervision of the chief justice of the supreme court. [L 1965, c 232, pt of §1; Supp, §333-5; HRS §571-5; am L 1973, c 211, §1(b) and c 219, §3; gen ch 1993; am L 2014, c 201, §7]
Haw. Rev. Stat. § 571-83 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-83
Court and witness fees.
Status: in_force

In proceedings under section 571-11(1), (2), or (9), no court fees shall be charged against, and no witness fees shall be allowed to, any party to a petition. No officer of the State or of any political subdivision thereof shall be entitled to receive any fee for the service of process or for attendance in court in any such proceedings except as otherwise provided in this chapter. All other persons acting under orders of the court may be paid for service of process and attendance or service as witnesses, the fees provided by law to be paid from the proper appropriation when the allowances are certified to by the judge.
Haw. Rev. Stat. § 572-10 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-10
Applicant apparently under age.
Status: in_force

If any applicant for a license to marry appears to any agent to be under the age of eighteen years, the agent shall, before granting a license to marry, require the production of a certificate of birth or other satisfactory proof showing the age of the applicant.
Haw. Rev. Stat. § 582-6 — HI Code / Division 3 / Title 31 / Chapter 582 / Section 582-6
Reimbursement of public funds expended.
Status: in_force

Any public funds expended for the return of a delinquent juvenile shall be deemed spent for the maintenance of the delinquent juvenile and the parents or legal guardian of the juvenile may be ordered to reimburse the proper governmental agencies pursuant to section 571-24. The compact administrator shall determine the division of costs between departments in cases where public funds are to be expended.
Haw. Rev. Stat. § 582-7 — HI Code / Division 3 / Title 31 / Chapter 582 / Section 582-7
Responsibilities of state departments, agencies, and officers.
Status: in_force

The courts, departments, agencies, and officers of the State and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
Haw. Rev. Stat. § 580-44 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-44
Persons affected with Hansen's disease represented by attorney general.
Status: in_force

Upon application of the director of health, the attorney general or the attorney general's deputies shall represent any person affected with Hansen's disease detained at any hospital, settlement, or place for the care and treatment of persons affected with Hansen's disease in proceedings for divorce.
Haw. Rev. Stat. § 576B-305 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-305
Duties and powers of responding tribunal.
Status: in_force

(a) When a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 576B-301(b), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

(b) A responding tribunal of this State, to the extent not prohibited by other law, may do one or more of the following:

(1) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;

(2) Order an obligor to comply with a child support order, specifying the amount and the manner of compliance;

(3) Order income withholding;

(4) Determine the amount of any arrearages, and specify a method of payment;

(5) Enforce orders by civil or criminal contempt, or both;

(6) Set aside property for satisfaction of the support order;

(7) Place liens and order execution on the obligor's property;

(8) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;

(9) Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

(10) Order the obligor to seek appropriate employment by specified methods;

(11) Award reasonable attorney's fees and other fees and costs; and

(12) Grant any other available remedy.

(c) A responding tribunal of this State shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

(d) A responding tribunal of this State may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this State issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this State shall convert the amount stated in the foreign currency to the equivalent amount in United States dollars under the applicable official or market exchange rate as publicly reported. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 580-14 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-14
Renumbered as §571-52.
Status: in_force

§580-14 Renumbered as §571-52.1. L 1968, c 33, §2.
Haw. Rev. Stat. § 571-31.8 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-31.8
[ §571-31.
Status: in_force

[ §571-31.8] Contact with counsel; parent, guardian, or legal custodian; consultation. (a) Before the waiver of any right against self-incrimination by and before a custodial interrogation of a child under eighteen years of age, the child shall have contact with legal counsel in person, by telephone, or by video conference, and shall also, to the extent practicable, have contact with a parent, guardian, or legal custodian in person, by telephone, or by video conference. The contact may not be waived.

(b) The court, in determining the admissibility of statements of a child under eighteen years of age made during or after the waiver of any right against self-incrimination or during or after a custodial interrogation, shall consider the effect of any failure of the officer who had custody of the child to take steps to comply with subsection (a).

(c) Any officer who has arrested a child under eighteen years of age shall notify the child's parent, guardian, or legal custodian that the child has been arrested and shall provide the location of the child's detainment. [L 2023, c 180, §3]
Haw. Rev. Stat. § 571-31.4 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-31.4
Informal adjustment, law violators.
Status: in_force

(a) When a child reasonably believed to come within section 571-11(1) is referred to the court or other designated agency, and is not diverted from processing, informal adjustment may be provided to the child by an intake officer duly authorized by the family court only where the facts reasonably appear to establish prima facie jurisdiction and are admitted and where a consent is obtained from the child's parent, guardian, or legal custodian, and the child, if of sufficient age and understanding.

(b) The deputy chief court administrators of each circuit shall together establish a framework that includes the criteria probation officers shall use to guide the exercise of discretion in providing informal adjustment.

(c) Informal adjustment under this section may include, among other suitable methods, programs, and procedures, the following:

(1) Participation in restitution projects to obtain appropriate victim satisfaction;

(2) Participation in community service projects so as to establish the child's self value in the community;

(3) Participation in community-based programs which work with the child and family to maintain and strengthen the family unit so that the child may be retained in the child's own home;

(4) Submission to neighborhood courts or panels upon procedures to be established by the court. As used in this paragraph "neighborhood courts or panels" are community organizations designed to settle minor disputes between parties on a voluntary basis using mediation or nonbinding arbitration;

(5) Participation in programs to support, counsel, or provide work and recreational opportunities to help prevent delinquency;

(6) Participation in educational programs or supportive services designed to help delinquents and to encourage other youths to remain in elementary and secondary schools or in alternative learning situations;

(7) Participation in youth-initiated programs and outreach programs designed to assist youth and families;

(8) Appropriate physical and medical examinations, vocational and aptitude testing, examinations for learning disabilities or emotional dysfunctions, and suitable counseling and therapy;

(9) Placement with nonsecure or secure shelter facilities;

(10) Restitution providing for monetary payment by the parents of the child; or

(11) Participation in a restorative justice program where the child and the child's parents or guardian, and other supporters of the child, may meet with the victim harmed by the child's law violation and the victim's supporters.

(d) Informal adjustment projects, programs, and services may be provided through public agencies or private agencies.

(e) In the event resources and services for informal adjustment are not available, have failed, are reasonably believed to fail if attempted, or are unable to respond to the needs of the child or family, the intake officer shall proceed with formal action, or take such action as is otherwise allowed under this chapter.

(f) Intake officers shall compile annual reports that include the number and per cent of referrals informally adjusted, and the number and per cent of children informally adjusted who avoided further system processing. The administrator of the juvenile client services branch in each judicial circuit shall compile the annual reports from the probation intake sections into a single annual report for each judicial circuit and shall submit the final report to the board of family court judges and the Hawaii juvenile justice state advisory council. [L 1980, c 303, pt of §5(3); am L 1986, c 133, §1; am L 1988, c 294, §5; am L 2013, c 62, §1; am L 2014, c 201, §10]
Haw. Rev. Stat. § 576B-611 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-611
Modification of child support order of another state.
Status: in_force

(a) If section 576B-613 does not apply, upon petition a tribunal of this State may modify a child support order issued in another state that is registered in this State if, after notice and hearing, the tribunal finds that:

(1) The following requirements are met:

(A) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;

(B) A petitioner who is a nonresident of this State seeks modification; and

(C) The respondent is subject to the personal jurisdiction of the tribunal of this State; or

(2) This State is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this State, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction.

(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this State and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this State may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and shall be recognized under section 576B‑207 establishes the aspects of the support order that are nonmodifiable.

(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order shall preclude imposition of a further obligation of support by a tribunal of this State.

(e) On the issuance of an order by a tribunal of this State modifying a child support order issued in another state, the tribunal of this State becomes the tribunal having continuing, exclusive jurisdiction.

(f) Notwithstanding subsections (a) through (e) and section 576B-201(b), a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:

(1) One party resides in another state; and

(2) The other party resides outside the United States. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 576B-606 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-606
Procedure to contest validity or enforcement of registered support order.
Status: in_force

(a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this State shall request a hearing within the time required by section 576B‑605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 576B-607.

(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

(d) For the purposes of this section, service of the notice of a hearing regarding the validity or enforcement of the registered order, shall be satisfied by regular mail to the party's last known address. In any child support enforcement proceedings subsequent to an order, upon a showing that diligent effort has been made to ascertain the location of a party, notice of service of process shall be presumed to be satisfied upon delivery of written notice to the most recent residential or employer address on file with the state case registry. [L 1997, c 295, pt of §1; am L 1998, c 270, §3; am L 2001, c 48, §2; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 583A-102 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-102
Definitions.
Status: in_force

In this chapter:

"Abandoned" means left without provision for reasonable and necessary care or supervision.

"Child" means an individual who has not attained eighteen years of age.

"Child-custody determination" means a judgment, decree, or other order of a court providing for legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

"Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under part III.

"Commencement" means the filing of the first pleading in a child-custody proceeding.

"Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.

"Home state" means the state in which a child lived with a parent or a person acting as a parent for a period of at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

"Initial determination" means the first child-custody determination concerning a particular child.

"Issuing court" means the court that makes a child-custody determination for which enforcement is sought under this chapter.

"Issuing state" means the state in which a child-custody determination is made.

"Modification" means a child-custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

"Person acting as a parent" means a person, other than a parent, who:

(1) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child-custody proceeding; and

(2) Has been awarded legal custody by a court or claims a right to legal custody under the law of this State.

"Physical custody" means the physical care and supervision of a child.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

"Sibling" refers to full-blood brothers and sisters, and step and half blood siblings.

"Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.

"Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 574-2 — HI Code / Division 3 / Title 31 / Chapter 574 / Section 574-2
Legitimate children.
Status: in_force

The registrar of births shall register any child born in wedlock as having both a family name and a given name chosen by one of the child's parents, or, if the parents do not agree on the name or names, the name or names specified by a court of competent jurisdiction to be in the best interests of the child; provided that the name or names of the child, if already registered on the birth certificate, need not be changed until the court order specifies otherwise. The registrar shall register any child legitimated, as provided in section 338-21, as having both a family name and a given name chosen by the child's parents, or, if the parents do not agree on the name or names, the name or names specified by a court of competent jurisdiction to be in the best interests of the child.
Haw. Rev. Stat. § 580-47 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-47
Support orders; division of property.
Status: reserved

(a) Upon granting a divorce, or thereafter if, in addition to the powers granted in subsections (c) and (d), jurisdiction of those matters is reserved under the decree by agreement of both parties or by order of court after finding that good cause exists, the court may make any further orders that appear just and equitable (1) compelling the parties or either of them to provide for the support, maintenance, and education of the children of the parties; (2) compelling either party to provide for the support and maintenance of the other party; (3) finally dividing and distributing the estate of the parties, real, personal, or mixed, whether community, joint, or separate; and (4) allocating, as between the parties, the responsibility for the payment of the debts of the parties whether community, joint, or separate, and the attorneys' fees, costs, and expenses incurred by each party by reason of the divorce. In making these further orders, the court shall take into consideration: the respective merits of the parties, the relative abilities of the parties, the condition in which each party will be left by the divorce, the burdens imposed upon either party for the benefit of the children of the parties, the concealment of or failure to disclose income or an asset, or violation of a restraining order issued under section 580-10(a) or (b), if any, by either party, and all other circumstances of the case. In establishing the amounts of child support, the court shall use the guidelines established under section 576D-7. Provision may be made for the support, maintenance, and education of an adult or minor child and for the support, maintenance, and education of an incompetent adult child regardless of whether the petition is made before or after the child has attained the age of majority. In those cases where child support payments are to continue due to the adult child's pursuance of education, the agency, at least three months before the adult child's nineteenth birthday, shall send notice by regular mail to the adult child and the custodial parent that prospective child support will be suspended unless proof is provided by the custodial parent or adult child to the child support enforcement agency, before the child's nineteenth birthday, that the child is presently enrolled as a full-time student in school or has been accepted into and plans to attend as a full-time student for the next semester a post-high school university, college, or vocational school. If the custodial parent or adult child fails to do so, prospective child support payments may be automatically suspended by the child support enforcement agency, hearings officer, or court upon the child reaching the age of nineteen years. In addition, if applicable, the agency, hearings officer, or court may issue an order terminating existing assignments against the responsible parent's income and income assignment orders.

In addition to any other relevant factors considered, the court, in ordering spousal support and maintenance, shall consider the following factors:

(1) Financial resources of the parties;

(2) Ability of the party seeking support and maintenance to meet the party's needs independently;

(3) Duration of the marriage;

(4) Standard of living established during the marriage;

(5) Age of the parties;

(6) Physical and emotional condition of the parties;

(7) Usual occupation of the parties during the marriage;

(8) Vocational skills and employability of the party seeking support and maintenance;

(9) Needs of the parties;

(10) Custodial and child support responsibilities;

(11) Ability of the party from whom support and maintenance is sought to meet the party's own needs while meeting the needs of the party seeking support and maintenance;

(12) Other factors that measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made; and

(13) Probable duration of the need of the party seeking support and maintenance.

The court may order support and maintenance to a party for an indefinite period or until further order of the court; provided that in the event the court determines that support and maintenance shall be ordered for a specific duration wholly or partly based on competent evidence as to the amount of time that will be required for the party seeking support and maintenance to secure adequate training, education, skills, or other qualifications necessary to qualify for appropriate employment, whether intended to qualify the party for a new occupation, update or expand existing qualification, or otherwise enable or enhance the employability of the party, the court shall order support and maintenance for a period sufficient to allow completion of the training, education, skills, or other activity, and shall allow, in addition, sufficient time for the party to secure appropriate employment.

(b) An order as to the custody, management, and division of property and as to the payment of debts and the attorney's fees, costs and expenses incurred in the divorce shall be final and conclusive as to both parties subject only to appeal as in civil cases. The court shall at all times, including during the pendency of any appeal, have the power to grant any and all orders that may be necessary to protect and provide for the support and maintenance of the parties and any children of the parties to secure justice, to compel either party to advance reasonable amounts for the expenses of the appeal including attorney's fees to be incurred by the other party, and to amend and revise such orders from time to time.

(c) No order entered under the authority of subsection (a) or entered thereafter revising so much of such an order as provides for the support, maintenance, and education of the children of the parties shall impair the power of the court from time to time to revise its orders providing for the support, maintenance, and education of the children of the parties upon a showing of a change in the circumstances of either party or any child of the parties since the entry of any prior order relating to the support, maintenance, and education. The establishment of the guidelines or the adoption of any modifications made to the guidelines set forth in section 576D-7 may constitute a change in circumstances sufficient to permit review of the support order. A material change of circumstances will be presumed if support as calculated pursuant to the guidelines is either ten per cent greater or less than the support amount in the outstanding support order. The need to provide for the child's health care needs through health insurance or other means shall be a basis for petitioning for a modification of the support order. The most current guidelines shall be used to calculate the amount of the child support obligation.

(d) Upon the motion of either party supported by an affidavit setting forth in particular a material change in the physical or financial circumstances of either party, or upon a showing of other good cause, the moving party, in the discretion of the court, and upon adequate notice to the other party, may be granted a hearing. The fact that the moving party is in default or arrears in the performance of any act or payment of any sums theretofore ordered to be done or paid by the party shall not necessarily constitute a bar to the granting of the hearing. The court, upon such hearing, for good cause shown may amend or revise any order and shall consider all proper circumstances in determining the amount of the allowance, if any, which shall thereafter be ordered.

(e) The responsible parent or the custodial parent shall have a right to petition the family court or the child support enforcement agency not more than once every three years for review and adjustment of the child support order without having to show a change in circumstances. The responsible or custodial parent shall not be precluded from petitioning the family court or the child support enforcement agency for review and adjustment more than once in any three-year period if the second or subsequent request is supported by proof of a substantial or material change of circumstances.

(f) Attorney's fees and costs. The court hearing any motion for orders either revising an order for the custody, support, maintenance, and education of the children of the parties, or an order for the support and maintenance of one party by the other, or a motion for an order to enforce any such order or any order made under subsection (a) of this section, may make such orders requiring either party to pay or contribute to the payment of the attorney's fees, costs, and expenses of the other party relating to such motion and hearing as shall appear just and equitable after consideration of the respective merits of the parties, the relative abilities of the parties, the economic condition of each party at the time of the hearing, the burdens imposed upon either party for the benefit of the children of the parties, the concealment of or failure to disclose income or an asset, or violation of a restraining order issued under section 580-10(a) or (b), if any, by either party, and all other circumstances of the case. [CC 1859, §1328; am L 1903, c 22, §2; RL 1925, §2979; RL 1935, §4475; am L Sp 1941, c 68, §1; RL 1945, §12226; am L 1955, c 77, §1; RL 1955, §324-37; am L 1967, c 76, §5; HRS §580-47; am L 1969, c 221, §§1, 2; am L 1977, c 37, §1; am L 1978, c 77, §2; am L 1983, c 19, §1; am L 1986, c 332, §18; am L 1991, c 216, §4; am L 1992, c 115, §3 and c 212, §3; am L 1995, c 107, §2; am L 1997, c 293, §40 and c 294, §5; am L 2011, c 140, §2; am L 2023, c 160, §12; am L 2025, c 298, §22]
Haw. Rev. Stat. § 576D-3 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-3
Obtaining or enforcing child support.
Status: in_force

(a) The agency shall undertake any legal or administrative action to secure support for a child by enforcing an existing court order or obtaining a court order of support.

(b) To carry out its responsibilities imposed under this chapter, the agency, through the offices of the corporation counsel, the county attorneys, or the attorney general, may commence or appear in any proceeding before any court or administrative agency for the purpose of establishing paternity for children born out of wedlock or for the purpose of obtaining, enforcing, or modifying an order of support on behalf of any dependent or any other person for whom the agency has a duty to obtain or enforce an order for support under this chapter. The agency may commence or appear in any action on its own behalf, on behalf of any dependent child or custodial parent, or on behalf of any other person for whom the agency has a duty to obtain or enforce an order of support under this chapter. The agency shall obtain or enforce a child support order for the following children:

(1) A child on whose behalf public assistance payments have been or are being made;

(2) A child on whose behalf foster care payments have been or are being made under Title IV-E; or

(3) Any other child, if a parent, guardian, or person having custody applies to the agency for assistance in obtaining or enforcing a child support order with respect to the child, regardless of whether public assistance payments have been made on the child's behalf. [L 1986, c 332, pt of §2; am L 1988, c 200, §4; am L 1994, c 24, §1; am L 1996, c 178, §1; am L 2005, c 26, §1]
Haw. Rev. Stat. § 572-9 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-9
Persons under age.
Status: in_force

Whenever any person who is under the age of eighteen, whose parents are dead, or who is a ward of a family court, applies for a license to marry, he or she shall set forth in the statement accompanying the application, the name of his or her guardian or of any other person in whose care and custody he or she may be.
Haw. Rev. Stat. § 576E-11 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-11
Administrative orders; required findings.
Status: in_force

Every order entered pursuant to this chapter shall specify, where applicable, the following:

(1) The amount of periodic support to be paid by a party with directions as to the manner of payment;

(2) The amount of child support arrearage, if any, that has accrued under an existing court or administrative order;

(3) The amount of child support owed for a period during which public assistance was provided to the child or children by the department of human services;

(4) The amount of the periodic payment to be made in liquidation of child support arrearage, if any;

(5) A statement that a party's taxes shall be set off against the amount of child support arrearage, if any;

(6) The extent of the party's responsibility to provide medical insurance coverage for the dependent child involved in the case, or otherwise to pay the reasonable and necessary medical expenses of the dependent child, and a statement that the party is required to keep the agency informed of whether the party has access to medical insurance coverage at a reasonable cost and, if so, the medical insurance policy information;

(7) The name and birth date of the dependent child;

(8) A statement that the property of the party is subject to collection action, including withholding of income, unemployment compensation, workers' compensation, and retirement benefits, seizure of property, disclosure of information relating to the party's debts to consumer credit reporting agencies, and federal and state tax refund setoff;

(9) A statement that violations of the administrative order are punishable as contempt of court;

(10) A statement notifying the parties of the right to judicial review of administrative orders, and the procedure for obtaining such review;

(11) Identifying information for each party, including social security number, residential and mailing addresses, telephone number, driver's license number if different from the social security number, and name, address, and telephone number of the party's employer, unless there is a finding that such disclosure of information would unreasonably put at risk the health, safety, or liberty of a party or child; and

(12) A statement that both the obligor party and the obligee party are required to file with the state case registry, through the agency, upon entry of the support order and to update as appropriate, information on the identity and location of the party, including social security number, residential and mailing addresses, telephone number, driver's license number if different from social security number, and name, address, and telephone number of the party's employer. [L 1988, c 154, pt of §2; am L 1990, c 176, §17; am L 1994, c 105, §12; am L 1997, c 293, §36; am L 2002, c 72, §10; am L 2005, c 26, §4]
Haw. Rev. Stat. § 587A-17 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-17
Court-appointed attorneys.
Status: in_force

(a) The court may appoint an attorney to represent a legal parent who is indigent based on court-established guidelines. The court may also appoint an attorney to represent another indigent party based on court-established guidelines, if it is deemed to be in the child's best interest. Attorneys who are appointed by the court to represent indigent legal parents and other indigent qualifying parties may be paid by the court, unless the legal parent or party for whom counsel is appointed has an independent estate sufficient to pay such fees and costs. The court may order the appropriate legal parent or party to pay or reimburse the fees and costs of an attorney appointed for the child or incapacitated adult.

(b) Unless otherwise ordered by the court, the attorney for an incapacitated adult shall take instructions from the incapacitated adult's guardian ad litem. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 576E-4 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-4
Service.
Status: in_force

(a) In any proceeding to establish a child support order, in cases where the agency is not yet enforcing an order of support for the subject child, service of the notice provided in section 576E-5 shall be by personal service or certified mail, return receipt requested. In the case where the person to be served cannot be found, service shall be completed by leaving copies of the notice at the person’s usual place of residence with some person of suitable age and discretion residing at that location. After initial service is effected, additional service upon a party shall be satisfied by regular mail to the party’s last known address.

(b) Service of the notice of hearing pursuant to the request for hearing under section 576E-6 of a party shall be satisfied by regular mail to the party's address provided with the request for hearing, or if not provided, to the party's last known address.

(c) In any child support enforcement proceeding subsequent to an order already being enforced by the agency, upon a showing that diligent effort has been made to ascertain the location of a party, notice and service of process shall be presumed to be satisfied upon delivery of written notice to the most recent residential or employer address on file with the state case registry pursuant to section 571-52.6. [L 1988, c 154, pt of §2; am L 1990, c 176, §11; am L 1994, c 105, §5; am L 1997, c 293, §34; am L 2001, c 95, §§5, 6; am L 2002, c 84, §7]
Haw. Rev. Stat. § 571-34 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-34
Criminal history record checks.
Status: in_force

The judiciary shall develop standards to ensure the reputable and responsible character of employees of detention facilities defined in this chapter which shall include but not be limited to criminal history record checks. All employees and applicants for employment at facilities established under section 571-33 shall be subject to criminal history record checks and shall provide consent to the judiciary to obtain other criminal history record information for verification. The judiciary shall obtain criminal history record information through the Hawaii criminal justice data center on all employees and applicants. The judiciary may terminate an employee or deny employment to an applicant who was convicted of a crime and if the judiciary finds that the criminal history record indicates that the employee or applicant poses a risk to the health, safety, security, or well-being of youths under detention.
Haw. Rev. Stat. § 572D-1 — HI Code / Division 3 / Title 31 / Chapter 572D / Section 572D-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

"Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. [L 1987, c 321, pt of §1]
Haw. Rev. Stat. § 587D-5 — HI Code / Division 3 / Title 31 / Chapter 587D / Section 587D-5
Immunity.
Status: in_force

(a) A hospital with responsibility for performing duties under this chapter, any health care provider, or hospital personnel working at the hospital, a fire station and any firefighter or fire personnel, a police station and any police officer or police personnel, and emergency services personnel acting in good faith in receiving a newborn child shall be immune from:

(1) Any criminal liability that otherwise might result from their actions; and

(2) Any civil liability that otherwise might result from merely receiving a newborn child.

(b) A hospital performing duties under this chapter and any health care provider or hospital personnel working at the hospital, a fire station and any firefighter or fire personnel, a police station and any police officer or police personnel, and any emergency services personnel who are mandated reporters under section 350-1.1 shall be immune from any criminal or civil liability that otherwise might result from the failure to make a report under section 350-1.1 if the person is acting in good faith in complying with this chapter. [L Sp 2007, c 7, pt of §2]
Haw. Rev. Stat. § 580-41.5 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-41.5
Battered spouses; exemption from mediation in divorce proceedings.
Status: in_force

(a) In contested divorce proceedings where there are allegations of spousal abuse, the court shall not require a party alleging the spousal abuse to participate in any component of any mediation program against the wishes of that party.

(b) A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of family violence between the parties. A mediator shall not engage in mediation when it appears to the mediator or when either party asserts that family violence has occurred unless:

(1) Mediation is authorized by the victim of the alleged family violence;

(2) Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in family violence; and

(3) The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate. If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate.

(c) In a proceeding concerning the custody or visitation of a child, if a protective order is in effect, the court shall not require a party alleging family violence to participate in any component of any mediation program against the wishes of that party.

(d) In a proceeding concerning the custody or visitation of a child, if there is an allegation of family violence and a protective order is not in effect, the court may order mediation or refer either party to mediation only if:

(1) Mediation is authorized by the victim of the alleged family violence;

(2) Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in family violence; and

(3) The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate. If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate. [L 1993, c 88, §1; am L 1996, c 198, §4]
Haw. Rev. Stat. § 576E-5 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-5
Commencement of administrative proceedings; notice.
Status: in_force

The agency shall serve a notice of administrative proceedings and notice of financial responsibility upon the parties prior to the issuance of an order under this chapter. Where applicable, notice shall contain the following:

(1) A copy or statement of the order proposed to be entered;

(2) A statement that the parties are entitled to an administrative hearing before an impartial hearings officer to contest the entry of the order together with an explanation of the procedure for requesting a hearing;

(3) A statement of rights at the hearing together with an explanation of defenses or objections which may be considered by the hearings officer;

(4) A statement of the legal authority under which the hearing is to be held;

(5) A statement that the property of the parties may be seized or that the income of the parties may be withheld for payment of support;

(6) A statement that information relating to the parties' nonpayment of support may be made available to credit-reporting agencies;

(7) A statement that child and spousal support shall be payable by an order for immediate income withholding which shall be entered concurrently with the administrative order pursuant to section 576E-16;

(8) A statement that parties have the right to request judicial review of a final order of a hearings officer pursuant to section 576E-13;

(9) A statement that an administrative determination of a support obligation creates a judgment by operation of law upon filing of the order at the family court and as such is entitled to full faith and credit in any other state or jurisdiction. [L 1988, c 154, pt of §2; am L 1990, c 176, §12; am L 1993, c 251, §4; am L 1994, c 105, §6]
Haw. Rev. Stat. § 571-84 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-84
Records.
Status: in_force

(a) The court shall maintain records of all cases brought before it. Except as provided in sections 571-84.6 and 584A-509, in proceedings under section 571-11 and in parentage proceedings under chapter 584A, the following records shall be withheld from public inspection: the court docket, petitions, complaints, motions, and other papers filed in any case; transcripts of testimony taken by the court; and findings, judgments, orders, decrees, and other papers other than social records filed in proceedings before the court. The records other than social records shall be open to inspection: by the parties and their attorneys, by an institution or agency to which custody of a minor has been transferred, and by an individual who has been appointed guardian; with consent of the judge, by persons having a legitimate interest in the proceedings from the standpoint of the welfare of the minor; and, pursuant to order of the court or the rules of court, by persons conducting pertinent research studies, and by persons, institutions, and agencies having a legitimate interest in the protection, welfare, treatment, or disposition of the minor.

(b) Reports of social and clinical studies or examinations made pursuant to this chapter shall be withheld from public inspection, except that information from these reports may be furnished, in a manner determined by the judge, to persons and governmental and private agencies and institutions conducting pertinent research studies or having a legitimate interest in the protection, welfare, treatment, or disposition of the minor.

(c) No information obtained or social records prepared in the discharge of official duty by an employee of the court shall be disclosed directly or indirectly to anyone other than the judge or others entitled under this chapter to receive the information, unless and until otherwise ordered by the judge.

(d) Any photograph or fingerprint taken of any minor may be used or circulated only as permitted by section 571-74.

(e) The records of any police department and of any juvenile division or section thereof, relating to any proceedings authorized under section 571-11 shall be confidential and shall be open to inspection and use only by persons whose official duties are concerned with this chapter, except as provided in subsections (d) and (f), sections 571-88 and 571-72(b), or as otherwise ordered by the court.

(f) Any police records concerning traffic accidents in which a minor coming within section 571-11(1) is involved, after the termination of any proceeding under section 571-11(1) arising out of any accident, or in any event after six months from the date of the accident, shall be available for inspection by the parties directly concerned in the accident or their duly licensed attorneys acting under written authority signed by either party. Any person who may sue because of death resulting from any traffic accident shall be deemed a party concerned.

(g) In all proceedings concerning violations other than traffic violations, in which a minor coming within section 571-11(1) is involved and after the termination of any proceeding under section 571-11(1) arising out of the violation, the court may disclose to a party directly concerned the disposition of a case involving an offense against a person or property. This disclosure shall be made only upon written request of the party directly concerned. If the minor has been adjudicated a law violator, the name and address of the minor, and, when practicable, the name of the parent or guardian shall be disclosed, pursuant to the order of the court or the Hawaii family court rules, to the parties directly concerned with the alleged violation or their duly licensed attorneys acting under written authority signed by either party. For the purpose of this section, "parties directly concerned" means any person who may sue because of death, injury, or damage resulting from any violation, other than a traffic violation, in which a minor coming within section 571-11(1) is involved.

The minor, and, when practicable, the minor's parents or custodian, and the attorney of the minor shall be notified when the minor's name and address have been released.

(h) Evidence given in proceedings under section 571-11(1) or (2) shall not in any civil, criminal, or other cause be lawful or proper evidence against the minor therein involved for any purpose whatever, except in subsequent proceedings involving the same minor under section 571-11(1) or (2).

(i) All information in the records except reports of social studies and clinical studies or examinations shall be recorded in the juvenile justice information system. Information about the dates, length, preparer, and subject of social studies may be included in the juvenile justice information system. [L 1965, c 232, pt of §1; Supp, §333-39; HRS §571-84; am L 1973, c 211, §1(k); am L 1977, c 172, §2; am L 1980, c 232, §30; am L 1983, c 168, §1; am L 1987, c 47, §1; am L 1990, c 189, §§3, 4; am L 1991, c 311, §5; am L 1995, c 100, §2; am L 1997, c 317, §4 and c 318, §3; am L 1999, c 18, §16 and c 139, §2; am L 2001, c 233, §3; am L 2019, c 225, §2; am L 2025, c 298, §14]