Haw. Rev. Stat. § 571-32.1 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-32.1
Contract and fee-for-service accommodations.
Status: in_force

To provide for children under section 571-32, the family court may provide, on a contractual or on fee-for-service basis, accommodations in child caring institutions or foster boarding homes which meet the intent of section 346-17.
Haw. Rev. Stat. § 576B-706 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-706
Registration of Convention support order.
Status: in_force

(a) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this State as provided in Article 6.

(b) Notwithstanding sections 576B-311 and 576B-602(a), a request for registration of a Convention support order shall be accompanied by:

(1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;

(2) A record stating that the support order is enforceable in the issuing country;

(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

(4) A record showing the amount of arrears, if any, and the date the amount was calculated;

(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.

(d) A tribunal of this State may vacate the registration of a Convention support order without the filing of a contest under section 576B-707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order. [L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 576B-319 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-319
Receipt and disbursement of payments.
Status: in_force

(a) A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this State, upon request from the support enforcement agency of this State or another state, the support enforcement agency of this State or a tribunal of this State shall:

(1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(2) Issue and send to the obligor's employer a conforming income withholding order or an administrative notice of change of payee, reflecting the redirected payments.

(c) The support enforcement agency of this State receiving redirected payments from another state pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 587A-34 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-34
Reinstatement of parental rights.
Status: in_force

(a) A child who is subject to an active proceeding under this chapter, the child's guardian ad litem, the child's attorney, if any, or the department, may file a motion to reinstate the terminated parental rights of the child's parents in a proceeding under this chapter, where the following circumstances exist:

(1) The child has been in permanent custody for at least twelve months; and

(2) The child is fourteen years of age or older.

(b) A motion to reinstate parental rights shall be filed with the court and shall describe the factors supporting a reinstatement of parental rights. The court shall order a preliminary hearing to be held within ninety days and shall give prior notice to:

(1) The former parent whose rights are sought to be reinstated;

(2) The child's guardian ad litem;

(3) The department; and

(4) The child's resource family.

(c) The motion shall be denied if the parent whose rights are sought to be reinstated cannot be located.

(d) Within seven days before the preliminary hearing on the motion, the department and the child's guardian ad litem shall submit reports to the court that address:

(1) The material change in circumstances since the termination of parental rights;

(2) The reasons parental rights were terminated and the date of the termination order;

(3) A parent's willingness to resume contact with the child and to have parental rights reinstated;

(4) The child's willingness to resume contact with the parent and to have parental rights reinstated;

(5) A parent's willingness and ability to be involved in the child's life and to accept physical custody of the child; and

(6) Other relevant information.

(e) At a preliminary hearing on the motion, the court shall continue the prior award of permanent custody and may order a trial home placement and a temporary reinstatement of parental rights upon finding that:

(1) There has been a material change in circumstances;

(2) A parent is willing to provide care for the child;

(3) A parent is able to provide a safe family home or the home can be made safe with the assistance of services; and

(4) A trial home placement is in the child's best interests.

(f) If the court issues a temporary order of reinstatement of parental rights:

(1) The child shall be conditionally placed in the physical care of the parent for a period not to exceed six months;

(2) The department shall develop a permanent plan for reunification and shall ensure that transition services are provided to the family, as appropriate; and

(3) The court shall hold a hearing on the motion to reinstate parental rights after the child has been placed with the parent for six months.

(g) The department has the authority to assess the trial home placement and to rescind the trial home placement according to the child's best interests.

(h) At a final hearing on the motion to reinstate parental rights, the court may issue a final order of reinstatement of parental rights and terminate its jurisdiction if the trial home placement has been successful. In making its final decision, the court shall determine whether the moving party has proven by clear and convincing evidence that:

(1) Reinstatement of parental rights is in the best interests of the child, taking into consideration:

(A) Whether a parent has remedied the conditions that caused the termination of parental rights;

(B) The age and maturity of the child and the child's ability to express a preference; and

(C) The likelihood of risk to the health, safety, or welfare of the child;

(2) A parent is able to provide the child with a safe family home;

(3) Both the parent and child consent to the reinstatement of parental rights; and

(4) The permanent plan goals for the child have not been and are not likely to be achieved.

(i) A proceeding to reinstate parental rights shall be a separate action from the proceeding for the termination of parental rights. The granting of the motion to reinstate parental rights shall not affect the validity of the original termination order. [L 2010, c 135, pt of §1; am L 2011, c 51, §8]
Haw. Rev. Stat. § 571-31.2 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-31.2
Juvenile intake and diagnostic services.
Status: in_force

(a) The court or other designated agency shall:

(1) Notify the child's parent, guardian[,] or legal custodian or take reasonable action to ensure that such notice has been given;

(2) Require the child, the child's parent, the child's guardian or legal custodian, or both, to appear at the court or other designated agency as soon as practicable for a family counseling session to attempt a quick resolution of their problem; [and]

(3) Investigate, evaluate, make necessary determination, and take appropriate actions regarding:

(A) Diversion from justice system processing, formal or informal, and closure of the case;

(B) Release of a child to the care of the child's parent or other responsible adult;

(C) Extending to or making arrangement for the securing of suitable informal adjustment under section 571-31.4, 571-31.5 or 571-31.6;

(D) Initiation of the filing of a complaint or petition;

(E) Detention of a child, utilizing the standard set out in section 571-31.1 or temporary shelter in a nonsecure shelter; and

(F) Making such other informal disposition as may be suitable.

(b) If the intake officer believes it desirable, [the] officer may take action to obtain the child or the written promise of a parent, guardian, or legal custodian to take the child to the court or other designated agency as in section 571‑31(c). The failure of a parent, guardian, or other legal custodian to produce the child in court or at the other designated agency as required by an authorized notice may be pursued as provided in section 571-31(d).

(c) For cases diverted under subsection (a)(3)(A), intake officers shall compile reports at least monthly enumerating the aggregate number of cases diverted and the types of alleged offenses precipitating the referral of the child to the court. These reports shall be submitted to the administrator of the juvenile client services branch in each judicial circuit, who shall compile the reports into an annual report for each judicial circuit, to be submitted 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 1988, c 294, §3; am L 2014, c 201, §9]
Haw. Rev. Stat. § 576E-6 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-6
Request for hearing; how made.
Status: in_force

(a) Except as provided in subsection (b), any party who is aggrieved by the proposed order of the agency may, within ten days of service of a notice described in section 576E-5, obtain a hearing by sending a written request for hearing to the agency at the address from which the notice was sent.

(b) In the case of a proposed order to modify child support resulting from the agency's review of support orders, a party aggrieved by the proposed order may request a hearing within thirty days of service of a notice described in section 576E-5.

(c) The agency, on its own behalf, may request a hearing after the commencement of an administrative proceeding pursuant to section 576E-5.

(d) Notice of the hearing under this section shall be served in accordance with section 576E-4. [L 1988, c 154, pt of §2; am L 1990, c 176, §13; am L 1991, c 182, §2; am L 1994, c 105, §7; am L 2008, c 178, §3]
Haw. Rev. Stat. § 583A-304 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-304
Temporary visitation.
Status: in_force

(a) A court of this State which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing:

(1) A visitation schedule made by a court of another state; or

(2) The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.

(b) If a court of this State makes an order under subsection (a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in part II. The order remains in effect until an order is obtained from the other court or the period expires. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 587A-38 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-38
Protective order.
Status: in_force

(a) After a petition has been filed with the court under this chapter, the court, upon such hearing as the court deems to be appropriate, may issue a protective order to restrain any party from contacting, threatening, or physically abusing any other party or a child, if the court finds that a protective order is necessary to prevent domestic abuse (as that term and its component terms are defined in section 586-1) or a recurrence of domestic abuse.

(b) The protective order shall enjoin a party to be restrained from performing any combination of the following acts:

(1) Contacting, threatening, or physically abusing any protected party or child;

(2) Contacting, threatening, or physically abusing any person residing at the dwelling or residence of any protected party or child; and

(3) Entering or visiting the dwelling or residence of any protected party or child.

(c) The protective order may provide for further relief as the court deems necessary to prevent the occurrence or recurrence of domestic abuse.

(d) The protective order may require a party to leave the party's dwelling or residence during the period of time in which the protective order is in effect.

(e) The protective order shall be binding upon not only any party against whom the protective order is directed, but also upon each such party's officers, agents, servants, employees, attorneys, and any other persons in active concert or participation with each such party.

(f) The court may order that an individual be made a party for the limited purpose of issuing a protective order against that individual.

(g) Upon application and a hearing, the court may modify the terms of, or terminate, an existing protective order.

(h) Any party may provide to appropriate law enforcement authorities a copy of a protective order issued pursuant to this section.

(i) The protective order shall become effective upon service pursuant to section 587A-39(a). [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 580-75 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-75
Status of spouse during separation.
Status: in_force

Every decree of separation shall have the effect of allowing each of the spouses to sue or be sued, to alienate and convey property, to make contracts, and to do all other acts as if the spouse were an unmarried person. [CC 1859, §1339; RL 1925, §2990; RL 1935, §4487; RL 1945, §12339; RL 1955, §324-64; HRS §580-75; am L 1984, c 158, §1]
Haw. Rev. Stat. § 571-82 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-82
Court sessions; quarters.
Status: in_force

Sessions of the court shall be held at such places as the court shall determine, subject to section 603-14.
Haw. Rev. Stat. § 576E-16 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-16
Income withholding.
Status: in_force

(a) Whenever an administrative order is entered establishing, modifying, or enforcing support, or establishing an arrearage that has accrued under a previous judicial or administrative order of support, there shall concurrently be issued an order that shall operate as an assignment to the agency for the benefit of the child or in the case of spousal support, for the benefit of a spouse or former spouse, of such amounts at such times as may be specified in the order, from the responsible parent's income due or to become due in the future from the responsible parent's employer, or successor employers, except when alternative arrangements are ordered pursuant to section 576D-10. The income withholding order shall be in the standard format prescribed by Title IV-D of the Social Security Act, as amended by the child support enforcement agency. A copy of the income withholding order shall be filed in the office of the clerk of the circuit court in the circuit where the order was issued along with the copy of the support order as provided in section 576E-12.

(b) The income withholding order issued pursuant to subsection (a) or the income withholding order or the notice to withhold child support issued pursuant to section 576D-14 shall be effective immediately after service upon an employer of a copy of the order or the notice to withhold child support, which service may be effected by regular mail, by personal delivery, or by transmission through electronic means. Thereafter, the employer shall for each pay period, withhold from the income due to the responsible parent from the employer, and not required to be withheld by any other provision of federal or state law, and transmit to the child support enforcement agency of this State, as much as may remain payable to the responsible parent for such pay period up to the amount specified in the order or the notice to withhold child support as being payable during the same period. The employer shall immediately inform the agency of any change that would affect the income withholding order or the notice to withhold child support or the disbursement thereof.

(c) Compliance by an employer with the income withholding order issued pursuant to subsection (a) or with the income withholding order or the notice to withhold child support issued pursuant to section 576D-14 shall operate as a discharge of the employer's liability to the responsible parent for that portion of the responsible parent's earnings withheld and transmitted to the agency, regardless of whether the employer has withheld the correct amount. For each payment made pursuant to an income withholding order or a notice to withhold child support, the employer may deduct and retain as an administrative fee an additional amount of $2 from the income owed to the responsible parent. The total amount withheld from the obligor's income, including the administrative fee, may not be in excess of the maximum amounts permitted under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. §1673(b)). Any income withholding order or notice to withhold child support shall have priority as against any garnishment, attachment, execution, or other income withholding order, or any other order, and shall not be subject to the exemptions or restrictions contained in part III of chapter 651 and in chapters 652 and 653. An employer who fails to comply with an income withholding order under this section or with an income withholding order or notice to withhold child support issued pursuant to section 576D-14 shall be liable to the obligee or the agency for the full amount of all sums ordered to be withheld and transmitted. In addition, an employer violating this subsection may be subject to a fine not to exceed $250 as determined by the court. An employer receiving an income withholding order or a notice to withhold child support shall transmit amounts withheld to the agency within five working days after the responsible parent is paid. The employer shall begin withholding no later than the first pay period commencing within seven business days following the date a copy of the order or the notice to withhold child support is mailed to the employer.

As used in this subsection, the term "business day" means a day on which the employer's office is open for regular business. The employer shall withhold funds as directed in the order or the notice to withhold child support, except that when an employer receives an income withholding order issued by another state, the employer shall apply the income withholding law of the state of the obligor's principal place of employment in determining:

(1) The employer's fee for processing an income withholding order;

(2) The maximum amount permitted to be withheld from the obligor's income under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. §1673(b));

(3) The time periods within which the employer must implement the income withholding order and forward the child support payment;

(4) The priorities for withholding and allocating income withheld for multiple child support obligees; and

(5) Any withholding terms or conditions not specified in the order.

An employer who complies with an income withholding order or a notice to withhold child support that is regular on its face shall not be subject to civil liability to any person or agency for conduct in compliance with the order.

An employer who is required to withhold amounts from the income of more than one employee may remit to the agency a sum total of all such amounts in one check with a listing of the amounts applicable to each employee.

Within two working days after receipt of the amounts withheld by the employer, the agency shall disburse the amounts to the obligee for the benefit of the child, except that the agency may delay the distribution of collections toward arrearages until resolution of any timely requested hearing with respect to such arrearages.

(d) An income withholding order or a notice to withhold child support shall remain in effect after the obligor's requirement to pay future child support has ended if the obligor owes past due support and any amount received pursuant to the order or notice shall be applied to satisfy all past due support owed. An income withholding order or a notice to withhold child support shall be terminated when appropriate by court or administrative order, except that an employer withholding income for payment to the child support enforcement agency shall terminate withholding upon receipt of a notice from the child support enforcement agency to terminate income withholding. Payment by the responsible parent of any delinquency shall not in and of itself warrant termination of the income withholding order or the notice to withhold child support. The agency shall promptly refund any amount withheld in error to the responsible parent.

(e) It shall be unlawful for any employer to refuse to hire a prospective employee, to discharge an employee, or to take any other disciplinary action against an employee, based in whole or in part upon an order or notice to withhold child support authorized by this section. Any employer who fails to comply with this subsection may be subject to a fine not to exceed $250 as determined by the court.

(f) Notwithstanding any other provision of law, for the purposes of this section, the term "income" shall include, without limitation, salaries, wages, earnings, workers' compensation, unemployment compensation, disability benefits, commissions, independent contractor income, and any other entitlement to money including moneys payable as a pension or as an annuity or retirement or disability or death or other benefit, or as a return of contributions and interest thereon from the United States government, or from the State or political subdivision thereof, or from any retirement, disability, or annuity system established by any of them pursuant to statute.

(g) Any responsible parent may request withholding of the parent's income prior to entry of an administrative order. The employer shall comply with that request as if so ordered under this section.

(h) If there is more than one obligee, the amounts withheld from the income of a responsible parent shall be allocated among the obligees. The allocation may be based on each obligee's proportionate share of the amount of the withholding orders or the notices to withhold child support that were served on the employer of the obligor. If concurrent assignment orders or notices to withhold child support would cause the amounts withheld from the responsible parent's income to exceed applicable wage withholding limitations, the amount withheld shall be allocated so that in no case shall the allocation result in a withholding for one of the support obligations not being implemented. Thereafter, arrearages due under the income withholding orders or the notices to withhold child support shall be satisfied in the order of service, up to the applicable limitation.

(i) If a responsible parent changes employment when an income withholding order or a notice to withhold child support is in effect, the agency shall notify the responsible parent's new employer of the responsible parent's obligation in accordance with subsections (b) to (f). The new employer shall be bound by the income withholding order or the notice to withhold child support until further court or administrative order or until further notified by the agency pursuant to section 576D-14. [L 1988, c 154, pt of §2; am L 1989, c 61, §6; am L 1990, c 152, §3 and c 176, §22; am L 1993, c 251, §6; am L 1995, c 125, §§4, 5; am L 1996, c 25, §3; am L 1997, c 293, §38; am L 1999, c 300, §5; am L 2000, c 194, §6; am L 2002, c 72, §11 and c 84, §8; am L 2006, c 34, §3; am L 2009, c 115, §6; am L 2019, c 67, §3]
Haw. Rev. Stat. § 577-7.5 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-7.5
Parental preferences in government contracts, programs, and services.
Status: in_force

(a) The purpose of this section is to help to eliminate any preference in a state or county executive agency or judiciary contract, program, or service that favors one parent over the other in terms of child-rearing; provided that nothing in this section is intended to affect maternity benefits. This section shall not serve as a legal basis to invalidate any state, county, or judiciary contract, program, or service.

(b) All state and county executive agencies and the judiciary shall review their respective contracts, programs, and services that affect parental roles in children's health, welfare, and education and, in the sole discretion of the agency or judiciary, determine whether a preference exists that favors one parent over another in the raising of their children. If a determination in the sole discretion of the agency or the judiciary is made that a preference exists, it shall direct its staff to analyze the preference and determine whether it unfairly precludes a parent from participating in child-rearing. If so, the state or county agency or the judiciary shall seek to eliminate that preference by encouraging modifications to ensure the inclusion of both parents in all contracts, programs, and services designed to assist in the raising of children; provided that this provision shall in no instance be interpreted to reduce or negatively impact maternity leave benefits or require any changes in personnel programs or work force policies.

(c) This section shall not apply to a preference that:

(1) The state or county agency or the judiciary determines to be in the best interest of the child;

(2) Would impose an unreasonable burden on the State, a county, or the judiciary by removing a preference from existing contracts, programs, or services; or

(3) Conflicts with existing collective bargaining contracts.

(d) Each state and county executive agency and the judiciary under subsection (b) shall report to the legislature on the implementation of this section no later than twenty days before the beginning of the regular session of 2003, and annually thereafter. [L 2001, c 301, §2; am L 2002, c 162, §1]
Haw. Rev. Stat. § 571-84.5 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-84.5
Support order, decree, judgment, or acknowledgment; social security number.
Status: in_force

The social security number of any individual who is a party to a divorce decree, or subject to a support order or parentage determination, or has made an acknowledgment of parentage issued under this chapter or chapter 576B, 580, or 584A shall be placed in the records relating to the matter.
Haw. Rev. Stat. § 571-48 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-48
Decree, if informal adjustment or diversion to a private or community agency or program has not been effected.
Status: in_force

When a child is found by the court to come within section 571‑11, the court shall so decree and in its decree shall make a finding of the facts upon which the court exercises its jurisdiction over the child. Upon the decree the court, by order duly entered, shall proceed as follows:

(1) As to a child adjudicated under section 571-11(1):

(A) The court may place the child on probation:

(i) In the child's own home; or

(ii) In the custody of a suitable person or facility elsewhere, upon conditions determined by the court.

An order by the court placing a child on probation under this subparagraph shall include a definite term of probation stated in months or years, subject to extension or modification by the court pursuant to section 571-50. When conditions of probation include custody in a youth correctional facility, the custody shall be for a term not to exceed one year, after which time the child shall be allowed to reside in the community subject to additional conditions as may be imposed by the court;

(B) The court may vest legal custody of the child, after prior consultation with the agency or institution:

(i) In a Hawaii youth correctional facility if the child has been adjudicated for a felony-level offense or a violation or revocation of probation, or is committed to the facility from juvenile drug court or girls court on a court order. For a child eligible for placement in a Hawaii youth correctional facility, the court shall enter a finding of fact in the record stating the reasons the child is a public safety risk warranting placement in the correctional facility. No such finding of fact shall be required if the child is adjudicated for a felony against a person or a sex offense;

(ii) In a local public agency or institution;

(iii) In any private institution or agency authorized by the court to care for children; or

(iv) In a private home.

If legal custody of the child is vested in a private agency or institution in another state, the court shall select one that is approved by the family or juvenile court of the other state or by that state's department of social services or other appropriate department;

(C) The court may place a child on administrative monitoring, as defined in section 571-2, pending completion of conditions as may be imposed by the court, to preempt the need for disposition to a full probation term, and to afford the child the opportunity to demonstrate behavior adjustments. Upon completion of the court-ordered conditions, the court shall discharge the child pursuant to section 571-50. If a child fails to complete the court-ordered conditions, the court may extend or modify the order pursuant to section 571-50, or dispose the child to probation status under paragraph (1)(A); or

(D) The court may fine the child for a violation which would be theft in the third degree by shoplifting if committed by an adult. The court may require the child to perform public services in lieu of the fine;

(2) As to a child adjudicated under section 571-11(2):

(A) The court may place the child under protective supervision, as hereinabove defined, in the child's own home, or in the custody of a suitable person or agency elsewhere, upon conditions determined by the court; or

(B) The court may vest legal custody of the child, after prior consultation with the agency or institution, in a local governmental agency or institution licensed or approved by the State to care for children, with the exception of an institution authorized by the court to care for children. If legal custody of the child is vested in a private agency or institution in another state, the court shall select one that is approved by the family or juvenile court of the other state or by that state's department of social services or other appropriate department; provided that the child may not be committed to a public or private institution operated solely for the treatment of law violators;

(3) An order vesting legal custody of a minor in an individual, agency, or institution under section 571‑11(2) shall be for an indeterminate period but shall not remain in force or effect beyond three years from the date entered, except that the individual, institution, or agency may file with the court a petition for renewal of the order and the court may renew the order if it finds such renewal necessary to safeguard the welfare of the child or the public interest. The court, after notice to the parties, may conduct a hearing on the petition. Renewal may be periodic during minority, but no order shall have any force or effect beyond the period authorized by section 571-13. An agency granted legal custody shall be subject to prior approval of the court in any case in which the child is to reside without the territorial jurisdiction of the court and may be subject to prior approval in other cases. An individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by the court;

(4) Whenever the court commits a child to the care of the director of human services or executive director of the office of youth services, or vests legal custody of a child in an institution or agency, it shall transmit with the order copies of the clinical reports, social study, results of the risk and needs assessment conducted by the court, and other information pertinent to the care and treatment of the child, and the institution or agency shall give to the court any information concerning the child that the court may at any time require. An institution or agency receiving a child under this paragraph shall inform the court whenever the status of the child is affected through temporary or permanent release, discharge, or transfer to other custody. An institution to which a child is committed under section 571-11(1) or (2) shall not transfer custody of the child to an institution for the correction of adult offenders, except as authorized in this chapter and under chapter 352;

(5) The court may order, for any child within its jurisdiction, whatever care or treatment is authorized by law;

(6) In placing a child under the guardianship or custody of an individual or of a private agency or private institution, the court shall give primary consideration to the welfare of the child;

(7) In support of any order or decree under section 571‑11(1) or (2), the court may require the parents or other persons having custody of the child, or any other person who has been found by the court to be encouraging, causing, or contributing to the acts or conditions which bring the child within the purview of this chapter and who are parties to the proceeding, to do or to omit doing any acts required or forbidden by law, when the judge deems this requirement necessary for the welfare of the child. The court may also make appropriate orders concerning the parents or other persons having custody of the child and who are parties to the proceeding. If such persons fail to comply with the requirement or with the court order, the court may proceed against them for contempt of court;

(8) In support of any order or decree for custody or support, the court may make an order of protection setting forth reasonable conditions of behavior to be observed for a specified time, binding upon both parents or either of them. This order may require either parent to stay away from the home or from the other parent or children, may permit the other to visit the children at stated periods, or may require a parent to abstain from offensive conduct against the children or each other;

(9) The court may dismiss the petition or otherwise terminate its jurisdiction at any time;

(10) In any other case of which the court has jurisdiction, the court may make any order or judgment authorized by law;

(11) The court may order any person adjudicated pursuant to section 571-11(1) to make restitution of money or services to any victim who suffers loss as a result of the child's action, or to render community service;

(12) The court may order any person adjudicated pursuant to section 571-11(2) to participate in community service; and

(13) The court may order the parents of an adjudicated child to make restitution of money or services to any victim, person, or party who has incurred a loss or damages as a result of the child's action. [L 1965, c 232, pt of §1; Supp, §333-24; HRS §571-48; am L 1976, c 85, §11; am L 1978, c 220, §1; am L 1979, c 105, §54; am L 1980, c 303, §7(6); am L 1986, c 133, §2; am L 1987, c 314, §1, c 338, §6, and c 339, §4; am L 1989, c 211, §8; am L 1991, c 114, §5; am L 2007, c 33, §2; am L 2014, c 201, §15]
Haw. Rev. Stat. § 576B-104 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-104
Remedies cumulative.
Status: in_force

(a) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

(b) This chapter does not:

(1) Provide the exclusive method of establishing or enforcing a support order under the law of this State; or

(2) Grant a tribunal of this State jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter. [L 1997, c 295, pt of §1; §576B-103; ren and am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 574-3 — HI Code / Division 3 / Title 31 / Chapter 574 / Section 574-3
Children born to parents not married to each other.
Status: in_force

The registrar of births shall register any child born to parents not married to each other at the time of the child's birth and where either the natural parents have not married each other or where the parent-child relationship has not been established pursuant to chapter 584A, as having both a family name and given name chosen by the individual who gave birth to the child, unless the child is born to a gestational surrogate or genetic surrogate pursuant to part IX, in which case, the child's name shall be chosen by the intended parent or parents.
Haw. Rev. Stat. § 575-2 — HI Code / Division 3 / Title 31 / Chapter 575 / Section 575-2
Prima facie evidence; sequestration of money for support of spouse or children.
Status: in_force

The absence of any spouse or parent from the other spouse or child or children under the age of sixteen for a continuous period of three months or more without first making suitable provision for the support and maintenance of such spouse, child, or children shall be prima facie evidence of desertion and wilful neglect. In such case, and where it is known that such spouse or parent has money in the possession of a third party, the complaint, made under section 575-3, shall allege the continuous absence by the spouse or parent and the name of the third party possessing the money. The court in which the complaint is filed shall issue an order to the third party possessing the money to appear before it to show cause why the money shall not be applied to the maintenance and support of the spouse, the child, or children.

If, after a hearing for that purpose, the court is satisfied that there has been a continuous absence by the spouse or parent and a failure by the spouse or parent to make suitable provision for maintenance and support, and that there is money in the possession of the third party belonging to the spouse or parent, it shall make an order upon the third party to apply the money in the sum or sums in the manner and at the time or times as it may determine for the support and maintenance of the spouse or the child or children; provided that no order to apply the money shall be made unless a copy of the order to show cause is served upon the spouse or parent prior to the hearing; provided further that if the spouse or parent cannot be found, the order to show cause shall be published in a newspaper of general circulation and for the time as shall be designated by the order of the court. [L 1919, c 175, §1; RL 1925, §3015; RL 1935, §4501; RL 1945, §12252; RL 1955, §328-2; HRS §575-2; am L 1984, c 250, pt of §1]
Haw. Rev. Stat. § 580-74 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-74
Support of spouse and children.
Status: in_force

Upon decreeing a separation, the court may make such further decree for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as may appear just and proper; provided that the court shall apply the considerations required by section 580-47(a) in formulation of any support decree in any action under this part; and provided further that the court may amend or revise any such decree in the same manner and under the same circumstances as provided for by section 580-47(d). [CC 1859, §1338; am L 1903, c 22, §2; RL 1925, §2989; RL 1935, §4486; RL 1945, §12238; RL 1955, §324-63; HRS §580-74; am L 1973, c 211, §5(u); am L 1974, c 65, pt of §2; am L 1978, c 77, §3]
Haw. Rev. Stat. § 577-14 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-14
Children born to parents not married to each other; support.
Status: in_force

Except as otherwise provided by law, children whose parents have not been legally married, in contemplation of chapter 572, shall be designated as children whose parents have not been married to each other at the time of the children's birth, provided that any person, who in writing duly acknowledged before an officer authorized to take acknowledgments declares himself to be the father of those children, shall be compellable to provide those children with necessary maintenance and support and to pay the expenses of the mother's pregnancy and confinement. The mothers in all cases shall be compellable to maintain and support them during their minority. [CC 1859, §1289; RL 1925, §3042; RL 1935, §4528; RL 1945, §12279; am L 1953, c 103, §1; RL 1955, §330-12; HRS §577-14; am L 1976, c 200, pt of §1; am L 1997, c 52, §7; am L 1998, c 11, §31]
Haw. Rev. Stat. § 576B-206 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-206
Continuing jurisdiction to enforce child support order.
Status: in_force

(a) A tribunal of this State that has issued a child support order consistent with the law of this State may serve as an initiating tribunal to request a tribunal of another state to enforce:

(1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or

(2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.

(b) A tribunal of this State having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 571-73 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-73
No limitations on family courts.
Status: in_force

Nothing in section 571-71 or 571-72 shall be construed to divest family courts of any of their powers, but the same shall specifically grant to the police departments of the several counties the power to take; detain; question; investigate; provide outreach, counsel, release, and follow-up services; and refer to appropriate social or other agencies, private or governmental, as the facts of the case appear to justify, minors coming within section 571-72, subject, however, to sections 571-31 and 571-32.
Haw. Rev. Stat. § 577-1 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-1
Age of majority.
Status: in_force

All persons residing in the State, who have attained the age of eighteen years, shall be regarded as of legal age and their period of minority to have ceased. [CC 1859, §1487; am L 1919, c 116, §1; RL 1925, §3032; RL 1935, §4510; RL 1945, §12261; RL 1955, §330-1; HRS §577-1; am L 1972, c 2, §1; am L 1975, c 77, §1(1)]
Haw. Rev. Stat. § 583A-210 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-210
Appearance of parties and child.
Status: in_force

(a) In a child-custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and who has physical custody or control of the child to appear in person with the child.

(b) If a party to a child-custody proceeding whose presence is desired by the court is outside this State, the court may order that a notice given pursuant to section 583A-108 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

(d) If a party to a child-custody proceeding who is outside this State is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 576D-13 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-13
Suspension or denial of licenses.
Status: in_force

(a) Upon a determination that an obligor is not in compliance with an order of support as defined in section 576D-1 or that an individual failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, and that the obligor or individual is the holder of or an applicant for a license issued by a licensing authority in this State, the agency shall serve notice upon the obligor or individual of the agency's intent to certify the obligor or individual as noncompliant with an order of support or a subpoena or warrant relating to a paternity or child support proceeding, which shall direct the appropriate licensing authority to deny or suspend the license, or to deny the application for renewal, reinstatement, or restoration of such license.

(b) The notice shall be sent by regular mail to both the last known address of record of the obligor or individual as shown in the records of the licensing authority and the address of record of the obligor or individual as shown in the agency's child support record. For purposes of this section, the date of service means two days following the date of mailing. The notice shall contain the following information:

(1) Identification of the license, certificate, permit, or registration subject to suspension, nonrenewal, nonreinstatement, nonrestoration, or denial;

(2) The name, social security number, if available, date of birth, if known, and each applicable child support case number or numbers of the obligor or individual;

(3) The amount of the arrears, the amount of the monthly child support obligation, and reference to the support order upon which the support amount and arrears are based or the subpoena or warrant that the individual has failed to comply with;

(4) A statement that the obligor or individual may contest the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of a license by requesting a hearing in writing within thirty days of the date of service of the notice of intent to suspend, not renew, not reinstate, not restore, or deny the license;

(5) A statement that the obligor may contact the agency in writing within thirty days of the date of service of the notice and enter into a monthly payment agreement for the arrears owed, and if an agreement is entered into within thirty days of making contact with the agency, the agency shall not pursue the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of the license;

(6) A statement that an individual not in compliance with a subpoena or warrant relating to a paternity or child support proceeding may contact the agency in writing within thirty days of the date of service of the notice and enter into an agreement to provide the information or appear at the proceedings, and if so, the agency shall not pursue the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of the license; and

(7) A statement that if the obligor or individual makes a timely request as specified in paragraph (4), the agency shall stay the action until a decision is made.

(c) The agency shall certify in writing to the licensing authority that the obligor is not in compliance with an order of support, or that the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding, and shall authorize the immediate suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of any license held or applied for by the obligor or individual if the obligor or individual:

(1) Fails to contact the agency in writing within thirty days of the date of service of the notice;

(2) Is not in compliance with an order of support, or failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, and does not timely enter into an agreement under subsection (d); or

(3) Is delinquent in making periodic payments on a support arrearage pursuant to a written agreement with the child support enforcement agency under subsection (d).

The agency shall provide a copy of the certification to the obligor or individual. Upon receipt of the certification, the licensing authority shall suspend any license that the obligor or individual holds or deny any license for which the obligor or individual applies without further review or hearing concerning the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial. Notwithstanding the provisions of any other law setting terms of suspension, revocation, denial, termination, or renewal, reinstatement, or restoration of a license, a certification issued by the agency suspending, not renewing, not reinstating, not restoring, or denying a license shall be implemented by the licensing authority and continue in effect until the licensing authority receives a written release of suspension or denial from the agency, the office of child support hearings, or the family court.

(d) The obligor may enter into a payment agreement with the agency if the obligor makes contact with the agency within thirty days of the date of service of the notice, or the individual may either enter into an agreement to provide the information requested in the subpoena or appear at the proceeding required by the warrant.

(e) If the obligor or the individual requests an administrative hearing in writing within thirty days of the date of service of the notice as provided in subsection (b), the office shall schedule a hearing to determine whether the obligor is not in compliance with a support order or whether the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding. The hearing shall be conducted in accordance with chapters 91 and 576E. The issues before the hearings officer shall be limited to whether the obligor is in compliance with an order of support or whether the individual is in compliance with a subpoena or warrant relating to a paternity or child support proceeding. The hearings officer shall issue a written decision within ten days of the hearing. If the hearings officer decides that the obligor is not in compliance with a support order or that the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding, the license held or applied for by the obligor or individual shall be denied or suspended and shall not be renewed, reinstated, or restored.

(f) The decision of the hearings officer shall be final and shall be subject to judicial review as provided in chapter 91. Any suspension or denial under this section shall not be stayed pending judicial review.

(g) Upon receipt of the decision of the hearings officer that the obligor is not in compliance with a support order or that the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding, the agency shall certify in writing to the licensing authority that the obligor is not in compliance with an order of support, or that the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding, and shall authorize the immediate suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of any license held or applied for by the obligor or individual. The agency shall provide a copy of the certification to the obligor or individual. Upon receipt of the certification, the licensing authority shall suspend any license that the obligor or individual holds or deny any license for which the obligor or individual applies without further review or hearing concerning the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial. Notwithstanding the provisions of any other law setting terms of suspension, revocation, denial, termination, or renewal, reinstatement, or restoration of a license, a certification issued by the agency suspending, not renewing, not reinstating, not restoring, or denying a license shall be implemented by the licensing authority and continue in effect until the licensing authority receives a written release of suspension or denial from the agency, the office of child support hearings, or the family court.

(h) When the conditions that resulted in the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial no longer exist, the agency shall provide the obligor or individual with written confirmation that the obligor is in compliance with the order of support or that the individual is in compliance with the subpoena or warrant relating to a paternity or child support proceeding, and the agency, office, or the family court shall issue an authorization canceling the certification in writing to the licensing authority.

(i) If a license is suspended or denied under this section, any funds paid by the obligor or individual to the licensing authority shall not be refunded by the licensing authority, and the licensing authority may charge a fee for reinstating or restoring a license. The licensing authority may also charge the obligor or individual a reasonable fee to cover the administrative costs incurred by the licensing authority in complying with this section.

(j) The agency shall adopt rules necessary for the implementation and administration of this section. The licensing authority shall adopt rules necessary for the implementation and administration of this section. The appropriate licensing authority shall require that the social security number of any applicant for a professional license, driver's license, occupational license, recreational license, or marriage license be recorded on the application for those licenses. The social security number shall be used solely for purposes of this chapter for child support enforcement and identification. [L 1997, c 293, pt of §6; am L 1998, c 83, §4; am L 2001, c 95, §2; am L 2006, c 43, §2]
Haw. Rev. Stat. § 583A-110 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-110
Communication between courts.
Status: in_force

(a) A court of this State may communicate with a court in another state concerning a proceeding arising under this chapter.

(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.

(d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.

(e) For the purposes of this section, "record" means information that is:

(1) Inscribed on a tangible medium; or

(2) Stored in an electronic or other medium;

and is retrievable in perceivable form. It includes a written summary prepared and approved by the presiding judge and entered into the court record. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 571-41.1 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-41.1
Extradition of minors to Hawaii.
Status: in_force

Any person who violates, or is alleged to have violated, any law of this State defining a crime, and is at the time of the offense under the age of eighteen years, and who thereafter flees from this State may be proceeded against in the manner provided by chapter 832. Upon return of such person to this State by extradition or otherwise, proceedings shall be commenced in the manner provided for in this chapter.
Haw. Rev. Stat. § 576D-9 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-9
Incentive payments to State and political subdivision.
Status: in_force

If one or more political subdivisions of the State participate in the costs of carrying out the child support enforcement activities during any particular period, each such subdivision shall be entitled to receive an appropriate share of any federal incentive payments made to the State for such period. The exact amount of the share shall be determined by taking into account the efficiency and effectiveness of the activities carried out by the political subdivisions, and measured by a standard methodology which shall be developed by the agency, for passing through an appropriate share of its incentive payment to participating political subdivisions.
Haw. Rev. Stat. § 583A-105 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-105
International application of chapter.
Status: in_force

(a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying parts I and II.

(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under part III.

(c) A court of this State need not apply this chapter if the child-custody law of a foreign country violates fundamental principles of human rights. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 580-4 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-4
Cross-complaint.
Status: in_force

In any action for annulment, divorce, or separation, a cross-complaint for annulment, divorce, or separation may be filed and affirmative relief granted thereon as fully and effectually as on an original complaint. The cross-complaint shall be signed and sworn to by the cross-complainant and shall be served in the same manner as an original complaint.
Haw. Rev. Stat. § 586-5.6 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-5.6
Effective date.
Status: in_force

The temporary restraining order shall be effective as of the date of signing and filing; provided that if a temporary restraining order is granted orally in the presence of all the parties and the court determines that each of the parties understands the order and its conditions, if any, then the order shall be effective as of the date it is orally stated on the record by the court until further order of the court. Protective orders orally stated by the court on the record shall be effective as of the date of the hearing if the respondent attends the hearing or, if the respondent was served but failed to appear, then upon service of the protective order upon the respondent until further order of the court; provided that all oral protective orders shall be reduced to writing and issued forthwith. The judiciary shall provide forms which will enable the court to issue all temporary restraining orders forthwith.
Haw. Rev. Stat. § 572C-5 — HI Code / Division 3 / Title 31 / Chapter 572C / Section 572C-5
Registration as reciprocal beneficiaries; filing fees; records.
Status: in_force

(a) Two persons, who meet the criteria set out in section 572C-4, may enter into a reciprocal beneficiary relationship and register their relationship as reciprocal beneficiaries by filing a signed notarized declaration of reciprocal beneficiary relationship with the director. For the filing of the declaration, the director shall collect a fee of $8, which shall be remitted to the director of finance for deposit into the general fund.

(b) Upon the payment of the fee, the director shall register the declaration and provide a certificate of reciprocal beneficiary relationship to each party named on the declaration. The director shall maintain a record of each declaration of reciprocal beneficiary relationship filed with or issued by the director. [L 1997, c 383, pt of §1]
Haw. Rev. Stat. § 571-8.1 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-8.1
Qualifications; tenure; removal.
Status: in_force

Each district family judge shall reside in the judicial circuit for which the district family judge is appointed and shall have been an attorney licensed to practice in all the courts of the State for at least five years. District family judges shall hold office for a term of six years and until their successors are appointed and qualified; provided that any district family judge may be summarily removed from office, and the district family judge's commission revoked by the supreme court whenever the supreme court deems such removal necessary for the public good or the volume of cases within the circuit is reduced to a level where the reduction of the number of district family judges within a circuit is deemed advisable.
Haw. Rev. Stat. § 576B-315 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-315
Nonparentage as defense.
Status: in_force

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.
Haw. Rev. Stat. § 576E-9 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-9
Hearings in contested cases.
Status: in_force

Hearings in contested cases shall be conducted in accordance with this chapter, and when otherwise applicable, chapter 91, and shall be presided over by a hearings officer appointed and commissioned by the attorney general pursuant to section 576E-10. The attorney general may adopt such administrative rules pursuant to chapter 91, as may be necessary to carry out this section. In any hearing conducted under this section, all parties shall have the right to confront and cross-examine witnesses, to present witnesses and evidence, to be represented by counsel or other person, and to be notified of these rights in writing. Hearings may be conducted by telephone or other electronic telecommunications methods at the discretion of the hearings officer.
Haw. Rev. Stat. § 578-17 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-17
Guardian ad litem.
Status: in_force

Upon a finding by the court, in any stage of a proceeding under this chapter, that the best interests of a child whose adoption is sought herein will be served by the appointment of a guardian ad litem for said child, the court may appoint a guardian ad litem to preserve, protect and promote the best interests of the child.
Haw. Rev. Stat. § 587A-16 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-16
Guardian ad litem.
Status: in_force

(a) The court shall appoint a guardian ad litem for a child to serve throughout the pendency of child protective proceedings under this chapter.

(b) The court may appoint a guardian ad litem for an incapacitated adult party, as set forth below:

(1) Upon the request of any party or sua sponte, the court may order a professional evaluation of an adult party to determine the party's capacity to substantially:

(A) Comprehend the legal significance of the issues and nature of the proceedings under this chapter;

(B) Consult with counsel; and

(C) Assist in preparing the party's case or strategy;

(2) If the court orders a professional evaluation, the party shall be examined by a physician, psychologist, or other individual appointed by the court who is qualified to evaluate the party's alleged impairment:

(A) Unless otherwise directed by the court, the examiner shall promptly file with the court a written report which shall contain:

(i) A description of the nature, type, and extent of the party's specific cognitive and functional capabilities and limitations;

(ii) An evaluation of the party's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills;

(iii) A prognosis for improvement and a recommendation as to the appropriate treatment or habilitation plan; and

(iv) The dates of any assessments or examinations upon which the report is based;

(B) Upon the request of any party or sua sponte, and after such hearing as the court deems appropriate, the court may appoint a guardian ad litem for an adult party only after a determination, by clear and convincing evidence, that:

(i) The party is an incapacitated person; and

(ii) The party's identified needs cannot be met by less restrictive means, including the use of appropriate and reasonably available assistance.

(c) A guardian ad litem shall, unless otherwise ordered by the court:

(1) Have access to the child or incapacitated adult;

(2) Have the authority to inspect and receive copies of any records, notes, and electronic recordings concerning the child or incapacitated adult that are relevant to the proceedings filed under this chapter. This authority shall exist even without the consent of the child, incapacitated adult, or individuals and authorized agencies that have control of the child or incapacitated adult; provided that nothing in this section shall override any attorney-client or attorney work product privilege;

(3) Be given notice of all hearings and proceedings involving the child or incapacitated adult, whether civil or criminal, including grand juries, and shall protect the best interests of the child or incapacitated adult;

(4) Make face-to-face contact with the child or incapacitated adult in the child's or incapacitated adult's family or resource family home at least once every three months;

(5) Report to the court and all parties in writing at six-month intervals, or as ordered by the court, regarding such guardian ad litem's actions taken to ensure the child's or incapacitated adult's best interest, and recommend how the court should proceed in the best interest of that child or incapacitated adult; and

(6) Inform the court of the child's opinions and requests. If the child's opinions and requests differ from those being advocated by the guardian ad litem, the court shall evaluate and determine whether it is in the child's best interests to appoint an attorney to serve as the child's legal advocate concerning such issues and during such proceedings as the court deems to be in the best interests of the child.

(d) The court shall, for an incapacitated adult:

(1) Grant a guardian ad litem only those powers necessitated by the incapacitated adult's limitations and demonstrated needs; and

(2) Make appointive and other orders that will encourage the development of the incapacitated adult's maximum self-reliance and independence.

(e) Unless otherwise ordered by the court, the attorney for an incapacitated adult shall take instructions from the incapacitated adult's guardian ad litem. The guardian ad litem for an incapacitated adult shall inform the court of the incapacitated adult's opinions and requests and may recommend how the court should proceed in the best interest of the incapacitated adult.

(f) The fees and costs of a guardian ad litem appointed pursuant to this section may be paid by the court, unless the party for whom counsel is appointed has an independent estate sufficient to pay such fees and costs. The court may order the appropriate parties to pay or reimburse the fees and costs of the guardian ad litem and any attorney appointed for the child. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 571-55 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-55
Certification in lieu of oath.
Status: in_force

Whenever any testimony, declaration, deposition, certification or pleading in the family court is required or authorized to be on oath or affirmation, the person so required or authorized may testify, declare, depose, certify, or plead under "penalty of perjury" in such form as may be prescribed by the court.
Haw. Rev. Stat. § 580-42.5 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-42.5
Recrimination no defense.
Status: in_force

Recrimination shall not be a defense to an application for divorce or separation.
Haw. Rev. Stat. § 576E-14 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-14
Modification, suspension, or termination of court and administrative orders.
Status: in_force

(a) The responsible parent, the agency, or the person having custody of the dependent child may file a request for suspension, termination, or modification of the child support provisions of a Hawaii court or administrative order with the agency. Such request shall be in writing, shall set forth the reasons for suspension, termination, or modification, including the change in circumstances since the date of the entry of the order, and shall state the address of the requesting party. The agency shall thereafter commence a review of the order and, if appropriate, shall commence administrative proceedings pursuant to sections 576E-5 through 576E-9. The need to provide for the child's health care needs through health insurance or other means shall be a basis for the agency to commence administrative proceedings pursuant to section 576E-5.

(b) Only payments accruing subsequent to service of the request on all parties may be modified, and only upon a showing of a substantial and material change of circumstances. The agency shall not be stayed from enforcement of the existing order pending the outcome of the hearing on the request to modify.

(c) 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 most current guidelines shall be used to calculate the amount of the child support obligation.

(d) The responsible parent or 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 of child support 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.

(e) Upon satisfaction of a responsible parent's support obligation toward the dependent child and the State, the agency or hearings officer without application of any party may issue an order terminating child support and may concurrently, if applicable, issue an order terminating existing assignments against the responsible parent's income and income withholding orders.

(f) 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 prior to 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, prior to 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 upon the child reaching the age of nineteen years. In addition, if applicable, the agency or hearings officer may issue an order terminating existing assignments against the responsible parent's income and income assignment orders. [L 1988, c 154, pt of §2; am L 1990, c 176, §20; am L 1991, c 216, §2; am L 1992, c 115, §2 and c 212, §2; am L 1997, c 293, §37 and c 294, §4]
Haw. Rev. Stat. § 583A-316 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-316
Role of law enforcement.
Status: in_force

At the request of the attorney general or county prosecuting attorney, as appropriate, acting under section 583A-315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the attorney general or county prosecuting attorney with responsibilities under section 583A-315.
Haw. Rev. Stat. § 588-1 — HI Code / Division 3 / Title 31 / Chapter 588 / Section 588-1
Children's justice program; establishment, purpose.
Status: in_force

(a) There is established a children's justice program within the judiciary. The mission of the program is to provide for the special needs of children as witnesses by promoting coordination for appropriate investigation, treatment, and legal processes, thereby reducing and preventing unnecessary trauma to children and ensuring justice for children and their families.

(b) The purposes of the program shall be to:

(1) Develop, achieve, and maintain interagency and interprofessional cooperation and coordination in the investigation of and management of cases involving suspected or confirmed:

(A) Victims of child sex abuse, serious physical child abuse, child sex trafficking, commercial sexual exploitation of children, and other child maltreatment; and

(B) Child witnesses to crime or violence;

(2) Facilitate in an impartial manner the professional gathering of information by public and private agencies and their providers for court proceedings involving child victims and witnesses;

(3) Reduce to the absolute minimum the number of interviews of child victims and witnesses so as to minimize revictimization of the child;

(4) Coordinate the therapeutic and treatment program for child victims and witnesses and their families;

(5) Provide for a multidisciplinary team and case management approach that focuses on the needs of, first, the child victim or witness; second, family members who are supportive of the child and whose interests are consistent with the best interests of the child; and third, law enforcement and prosecuting agencies;

(6) Provide for the training and continuing education of skilled professional interviewers of child victims and witnesses; and

(7) Serve as the focus of information and referral for child victim and witness programs. [L 1986, c 169, pt of §1; am L 2001, c 219, §3; am L 2022, c 17, §1]
Haw. Rev. Stat. § 583A-204 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-204
Temporary emergency jurisdiction.
Status: in_force

(a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(b) If there is no previous child-custody determination that is entitled to be enforced under this chapter and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under sections 583A-201 to 583A-203, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 583A-201 to 583A-203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 583A-201 to 583A-203, a child-custody determination made under this section becomes a final determination, if it so provides, and this State becomes the home state of the child.

(c) If there is a previous child-custody determination that is entitled to be enforced under this chapter, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under sections 583A-201 to 583A-203, any order issued by a court of this State under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 583A-201 to 583A-203. The order issued in this State shall remain in effect until an order is obtained from the other state within the period specified or the period expires.

(d) A court of this State which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under sections 583A-201 to 583A-203, shall immediately communicate with the other court. A court of this State which is exercising jurisdiction pursuant to sections 583A-201 to 583A-203, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 580-27 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-27
Legitimacy in case of annulment.
Status: in_force

Upon the annulment of a marriage on account of nonage, lack of mental capacity of either party to consent to the marriage, or of a marriage that is prohibited on account of consanguinity between the parties, or for any other ground specified in section 580-21, the issue of the marriage shall be legitimate. [CC 1859, §§1319, 1320; am imp L 1870, c 24, §1; rep L 1872, c 23, §2; am L 1872, c 23, §1; RL 1925, §§2961, 2962; RL 1935, §§4456, 4457; am L 1935, c 115, §§1, 2; RL 1945, §12207; RL 1955, §324-7; HRS §580-27; am L 1980, c 43, §3]
Haw. Rev. Stat. § 571-8.5 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-8.5
Powers.
Status: in_force

(a) The district family judges may:

(1) Administer oaths;

(2) Subpoena, summon, and compel the attendance of parties and witnesses from any part of the State, and compel the production of books, papers, documents including school, medical, and financial records, or tangible things;

(3) Make and issue all orders and writs necessary or appropriate in aid of their original jurisdiction;

(4) Perpetuate testimony under the rules and orders of the family court, and issue commissions for the perpetuation of testimony to be used on controversies pending before them;

(5) Grant continuances in proceedings before them;

(6) Enforce decrees and judgments and punish contempts according to law;

(7) In a criminal case, alter, set aside, or suspend a sentence by way of mitigation or otherwise upon motion or plea of a defendant made within thirty days after imposition of a sentence;

(8) Appoint guardians ad litem for minors or persons who are incompetent or attorneys to represent parties in accordance with law;

(9) Admit to bail persons rightfully confined in all bailable cases, or dispense with bail as provided by the State Constitution;

(10) Make and award judgments, decrees, orders, and mandates, issue executions and other processes, and do other acts and take other steps as may be necessary to carry into full effect the powers that are or shall be given to them by law or for the promotion of justice in matters pending before them; and

(11) Make and issue orders for pre-trial detention of persons aged eighteen years or older to an adult correctional facility, when the person is alleged to have committed an act or acts during the person's minority that would constitute a violation of section 571-11(1).

(b) Every witness duly subpoenaed as provided in this section shall be allowed the same attendance and mileage fees allowed witnesses subpoenaed before the circuit courts. [L 1973, c 219, pt of §1; am L 1980, c 115, §1; am L 1998, c 190, §2]
Haw. Rev. Stat. § 576B-705 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-705
Direct request.
Status: in_force

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies.

(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 576B-706 through 576B‑713 apply.

(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:

(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and

(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances.

(d) A petitioner filing a direct request is not entitled to assistance from the child support enforcement agency.

(e) This article does not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement. [L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 580-8 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-8
Procedure when collusion suspected.
Status: in_force

If there is any reason to suspect collusion, or that important testimony can be procured which has not been produced, the court shall continue the cause from time to time while such reason for suspicion continues. The attorney general or other prosecuting officer and parties not of record shall be heard, to establish the fact of collusion or of the existence of testimony not produced.
Haw. Rev. Stat. § 576B-713 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-713
Record in original language; English translation.
Status: in_force

A record filed with a tribunal of this State under this article shall be in the original language and, if not in English, shall be accompanied by an English translation.
Haw. Rev. Stat. § 576D-5 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-5
Fee for obtaining or enforcing nonpublic assistance order.
Status: in_force

(a) The agency shall require the payment of a reasonable fee on the application of a person under section 576D-3(b)(3) who is not receiving public assistance for support of the child for assistance in obtaining or enforcing a child support order. The payment and amount of the fee shall be in compliance with applicable federal regulations promulgated under Title IV-D.

(b) In the case of an individual who has never received public assistance for the support of a child under Title IV-A and for whom the State has collected not less than $550 of support, the agency shall impose an annual fee of $35 for each case in which Title IV-D services were furnished, which shall be retained in accordance with Title IV-D requirements; provided that the $35 shall not be retained from the first $550 so collected. Any fee collected shall be maintained by the agency and used as required under Title IV-D. [L 1986, c 332, pt of §2; am L 2007, c 167, §1; am L 2019, c 67, §2]
Haw. Rev. Stat. § 572-4 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-4
Right of domicile, sex or marital status.
Status: in_force

The right of an individual to be or to become a resident domiciled in this State shall not be denied or abridged because of the sex or marital status of the individual. The residence of one spouse does not establish the residence of the other spouse, which shall be determined by the same factors that apply in determining the residence of any other individual capable of having an independent residence.
Haw. Rev. Stat. § 571-23 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-23
Summons; notice; custody of minor.
Status: in_force

After a petition under section 571-11(1) or (2) is filed in the interest of a minor, and after such investigation as the court may direct, the court shall issue a summons, unless the parties hereinafter named promise in writing to appear voluntarily, requiring the person or persons who have the custody or control of the minor to appear personally and bring the minor before the court at a time and place stated. If the person so summoned is not the parent or guardian of the minor, then the parent or guardian or both shall also be notified, by personal service before the hearing except as herein provided, of the pendency of the case and of the time and place appointed. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary. If it appears that the minor is in such condition or surroundings that the minor's welfare requires taking the minor into custody, the judge may order, by endorsement upon the summons, or otherwise, that the person serving the summons shall take the minor into custody at once. A parent or guardian is entitled to the issuance of compulsory process for the attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor.

Service of summons shall be made personally by the delivery of a copy thereof, together with a copy of the petition, to the person summoned, except that if the judge is satisfied that personal service of the summons or the notice provided for in the preceding paragraph is impracticable, the judge may order service by certified or registered mail addressed to the last known address, or by publication, or both. Service effected not less than forty-eight hours before the time fixed in the summons for the return thereof shall be sufficient to confer jurisdiction, provided that jurisdiction shall be conferred if any person who might be so summoned appears voluntarily at the time and place appointed and waives such service and such notice.

Service of summons, process, or notice required by this chapter may be made by any suitable person under the direction of the court and upon request of the court shall be made by any police officer. The judge may authorize the payment of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing of a case coming within the purview of this chapter. Section 621-7 shall apply to persons summoned under this section other than a parent, guardian, or other legal custodian of the child concerned. [L 1965, c 232, pt of §1; Supp, §333-14; HRS §571-23; gen ch 1985]
Haw. Rev. Stat. § 576E-12 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-12
Administrative orders; force and effect.
Status: in_force

(a) A true copy of the administrative order, along with a true copy of the return of service, shall be filed in the office of the clerk of the circuit court in the circuit where the order was issued, or in the office of the clerk of the circuit court in the circuit where a previously established support order was filed. For service effectuated by certified mail, an electronic copy or facsimile of the signature of the served individual on certified mailers provided by the United States Postal Service shall constitute valid proof of service on the individual. Upon filing, the order shall have all the force and effect of a final order or decree of the circuit court.

(b) Orders for reimbursement of public assistance shall be considered child support arrearages for purposes of nondischargeability in bankruptcy.

(c) The administrative order shall remain in effect until superseded by a subsequent court or administrative order.

(d) A copy of the order shall be served by regular mail upon all parties. [L 1988, c 154, pt of §2; am L 1989, c 61, §4; am L 1990, c 176, §18; am L 1994, c 105, §13; am L 1995, c 191, §2; am L 2009, c 115, §5]
Haw. Rev. Stat. § 571-51 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-51
Support of minor committed for study or care.
Status: in_force

Whenever legal custody of a minor is given by the court to someone other than the minor's parents, or when a minor is given medical, psychological, or psychiatric study or treatment under order of the court, and no provision is otherwise made by law for the support of the minor or for payment for such treatment, compensation for the study and treatment of the minor, when approved by order of the court, shall, if necessary, be paid out of such moneys as may be appropriated for the expenses of the court. After giving the parent a reasonable opportunity to be heard, the court may order and decree that the parent shall pay, in such manner as the court may direct, a reasonable sum that will cover in whole or in part the support and treatment of the minor given after the decree is entered. If the parent wilfully fails or refuses to pay such sum, the court may proceed against the parent as for contempt, or the order may be filed and shall have the effect of a civil judgment.

Compensation may be made to a nongovernmental agency, provided that it shall make periodic reports to the court or to an agency designated by the court concerning the care and treatment the minor is receiving and the minor's response to such treatment. These reports shall be made as frequently as the court deems necessary and shall be made with respect to every such minor at intervals not exceeding six months. The agency shall also afford an opportunity for a representative of the court or of an agency designated by the court to visit, examine, or consult with the minor as frequently as the court deems necessary. [L 1965, c 232, pt of §1; Supp, §333-27; HRS §571-51; gen ch 1985]
Haw. Rev. Stat. § 572-25 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-25
Separate property.
Status: in_force

The real and personal property of a spouse, upon marriage, shall remain that spouse's separate property, free from the management, control, debts, and obligations of the other spouse; and a spouse may receive, receipt for, hold, manage, and dispose of property, real and personal, in the same manner as if that spouse were sole.
Haw. Rev. Stat. § 576E-3 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-3
Jurisdiction.
Status: in_force

Notwithstanding any other law to the contrary, the attorney general, through the agency and the office, shall have concurrent jurisdiction with the court over:

(1) Any person found within the State of Hawaii against whom a child support obligation may be established, modified, suspended, terminated, or enforced; and

(2) Any person without the State who has maintained a domicile in this State while involved in a marital or family relationship out of which arises a claim for child support, including any person against whom a Hawaii court or agency has entered a support order. [L 1988, c 154, pt of §2; am L 1990, c 176, §10; am L 1994, c 105, §4]
Haw. Rev. Stat. § 576B-309 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-309
Private counsel.
Status: in_force

An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
Haw. Rev. Stat. § 572D-11 — HI Code / Division 3 / Title 31 / Chapter 572D / Section 572D-11
Short title.
Status: in_force

This chapter may be cited as the Uniform Premarital Agreement Act.
Haw. Rev. Stat. § 571-88 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-88
Orders expunging juvenile arrest records.
Status: in_force

(a) The court may issue an order expunging a juvenile arrest record of a person upon written application by the person or, if the person is a minor, the minor's parent or guardian; provided the arrest was made pursuant to section 571-11(1) or (2) and the arrest record meets the following criteria:

(1) The matter was not referred to the prosecuting attorney or the family court and:

(A) The person was not counseled and released by the police; or

(B) The person was counseled and released by the police and the person has become an adult; or

(2) The matter was referred to the prosecuting attorney or family court and:

(A) The person was not adjudicated responsible by the court; or

(B) The matter was dismissed with prejudice.

(b) Before issuing an order to expunge an arrest record of a matter that was never referred to the court, the court shall consult with the prosecuting attorney in the appropriate circuit.

(c) Upon issuance of an expungement order under this section, the court shall:

(1) Forward copies of the expungement order to the police department and the department of the attorney general for expungement of the arrest record; and

(2) Issue to the person for whom the expungement order was issued, a certificate stating that an expungement order was issued and that its effect is to annul the record of one or more specific arrests. The certificate shall:

(A) Authorize the person to state, in response to any question or inquiry, whether or not under oath, that the person has no record regarding the specific arrest; and

(B) State that the person shall not be subject to any action for perjury, civil suit, discharge from employment, or any other adverse action for making any statement authorized by the certificate.

(d) A person whose arrest record has been expunged under this section shall not be subject to any action for perjury, civil suit, discharge from employment, or any other adverse action for responding to any question or inquiry, whether or not under oath, that the person has no record regarding the specific arrest expunged.

(e) As used in this section:

"Arrest record" means any record maintained by a county police department or the department of the attorney general under chapters 846 and 846D, relating to the arrest of the minor for a specific offense, including fingerprints taken during the arrest and maintained under section 846-2.5(b).

"Expunge" means a process defined by agency policy in which records are segregated and kept confidential, or destroyed. [L 2001, c 233, §1; am L 2002, c 26, §1; am L 2003, c 6, §1]
Haw. Rev. Stat. § 580-42 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-42
[OLD] REPEALED.
Status: in_force

L 1972, c 11, §2.

§580-42 Irretrievable breakdown. (a) If both of the parties by complaint or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken. The court, in its discretion, may waive a hearing on an uncontested divorce complaint and admit proof by affidavit.

(b) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall:

(1) Make a finding whether the marriage is irretrievably broken, or

(2) Continue the matter for further hearing not less than thirty or more than sixty days later, or as soon thereafter as the matter may be reached on the court's calendar and may suggest to the parties that they seek counseling. At the adjourned hearing, the court shall make a finding whether the marriage is irretrievably broken. [L 1972, c 11, §3; am L 1973, c 211, §5(o); am L 1989, c 127, §2]
Haw. Rev. Stat. § 577-11 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-11
REPEALED.
Status: in_force

L 1973, c 211, §2(c).
Haw. Rev. Stat. § 571-4 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-4
Family courts, circuits.
Status: in_force

In the first circuit any judge or judges so designated by the chief justice of the supreme court shall be the judge or judges of the family court of the first circuit. The several judges of the second, third, and fifth circuits, and of any other circuits hereafter created by the legislature, shall, when exercising jurisdiction under this chapter, be judges of the family courts of their respective circuits. In any circuit in which more than one judge is authorized to exercise jurisdiction as judge of the family court, the chief justice of the supreme court shall designate one of the judges as senior judge.

Nothing in this chapter shall be construed to limit the jurisdiction and authority of any circuit judge, designated as judge of a family court, to matters within the scope of this chapter. [L 1965, c 232, pt of §1; Supp, §333-4; HRS §571-4]
Haw. Rev. Stat. § 571-85 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-85
Authority of probation officers; additional probation officers.
Status: in_force

Within the scope of their duties, probation officers appointed under this chapter shall have the powers and privileges of a police officer. In addition to the probation officers appointed under section 571-6, the judges of the family courts may appoint special probation officers who shall serve without pay but who shall be entitled to be reimbursed for any cost or expense incurred by them in connection with the performance of their duties as defined by the judge.
Haw. Rev. Stat. § 571-74 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-74
Rules and standards; investigation and questioning; fingerprinting and photographing.
Status: in_force

The judges of the family courts shall make such rules and set up such standards of investigation and questioning as they consider necessary to guide and control the police, within their respective jurisdictions, in the handling of cases involving minors coming within provisions of this chapter. The rules and standards may include limitations and restrictions concerning the fingerprinting and photographing of any child in police custody, except that when any child of the age of twelve years or older who comes within section 571-11(1) is taken into custody for committing an act which, if committed by an adult would be a felony, a misdemeanor, or a petty misdemeanor any limitation or restriction concerning fingerprinting shall not apply. The police shall report all police designated fields of information collected on juvenile offenders to the juvenile justice information system. The rules shall be enforceable as orders of the court.
Haw. Rev. Stat. § 576B-208 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-208
Child support orders for two or more obligees.
Status: in_force

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this State shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this State.
Haw. Rev. Stat. § 571-52 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-52
Assignment by court order of future income for payments of support.
Status: in_force

(a) Whenever any person has been ordered to pay an allowance for the support of a child or for the support and maintenance of a spouse or former spouse, and fails or refuses to obey or perform the order and has been adjudged guilty of contempt of court for such failure or refusal, the court may make an order that shall operate as an assignment by the person for the benefit of the child or spouse of amounts at such times as may be specified in the order from any income due or to become due in the future to the person from the person's employer or successor employers until further order of the court. For orders solely for the support or maintenance of a spouse or former spouse, the spouse or former spouse may elect to enforce the order pursuant to chapter 651, 652, or 653, in which case no assignment shall be made to the clerk of the court pursuant to this section.

The assignment of the amounts shall be to the clerk of the court where the order is entered if for the support or maintenance of a spouse or former spouse, unless the spouse or former spouse elects to enforce the order pursuant to chapter 651, 652, or 653 , or to the child support enforcement agency if for the support of a child or if child support and spouse support are contained in the same order. The order of assignment to the child support enforcement agency shall be in the standard format prescribed by Title IV-D of the Social Security Act, as amended by the child support enforcement agency. The order of assignment shall be effective immediately after service upon an employer of a true copy of the order, which service may be effected by regular mail, personal delivery, or transmission through electronic means.

Thereafter, the employer shall for each pay period withhold from any income due to the person from the employer, and not required to be withheld by any other provision of federal or state law, and transmit to the clerk of the court or child support enforcement agency as set forth in the order, as much as may remain payable to the person for the pay period up to the amount specified in the order of assignment as being payable during the same period. The person ordered to pay shall inform the court immediately of any change that would affect the order of assignment or the disbursement thereof.

Compliance by an employer with the order of assignment shall operate as a discharge of the employer's liability to the employee for that portion of the employee's income withheld and transmitted to the clerk of court or child support enforcement agency, as the case may be, regardless of whether the employer has withheld the correct amount.

(b) Notwithstanding the provisions of subsection (a) to the contrary, whenever a court has ordered any person (hereinafter "obligor") to make periodic payments toward the support of a child, upon petition of the person to whom the payments are ordered to be made or that person's assignee, and the court finds the obligor to be delinquent in payments in an amount equal to or greater than the sum of payments that would become due over a one-month period under the order, judgment, or decree providing for child support, the court shall order an assignment of future income, or a portion thereof, of the obligor in an amount adequate to ensure that past due payments and payments that will become due in the future under the terms of the support order will be paid. That order shall operate as an assignment by the obligor to the child support enforcement agency and shall be binding upon any person who is or shall become obligated to the obligor for payment of income and who has been served with a copy of the assignment order.

For each payment made pursuant to an assignment order, the person making the payment may deduct and retain as an administrative fee the additional amount of $2 from the income owed to the obligor. Any assignment made pursuant to an assignment order shall have priority as against any garnishment, attachment, execution, or other assignment order, or any other order unless otherwise ordered by the court and the same shall not be subject to any of the exemptions or restrictions contained in part III of chapter 651, and chapters 652 and 653; provided that orders solely for the support or maintenance of a spouse or former spouse may be enforced directly pursuant to chapter 651, 652, or 653, if elected by the spouse or former spouse, and payments shall not be assigned to the clerk of the court.

For purposes of this subsection, delinquencies in payments shall be computed on the basis of the moneys owed and unpaid on the date that the obligor under the support order has been given notice pursuant to law of the application for the order of assignment. The fact that the obligor may have subsequently paid the delinquencies shall not relieve the court of its duty under this subsection to order the assignment.

(c) An employer withholding income for payment to the child support enforcement agency shall terminate withholding upon receipt of a notice from the child support enforcement agency to terminate income withholding.

(d) It shall be unlawful for any employer to refuse to hire a prospective employee, to discharge an employee, or to take any other disciplinary action against an employee, based in whole or part upon an assignment authorized by this section. Any employer violating this section shall be guilty of a misdemeanor under section 710-1077(1)(g).

(e) As used in this section:

"Employer" includes the United States government, the State, any political subdivision thereof, and any person who is or shall become obligated to the obligor for payment of income.

"Income" includes salaries, wages, earnings, workers' compensation, disability benefits, commissions, independent contractor income, and any other entitlement to money including moneys payable as a pension, annuity, retirement, disability, death, or other benefit, or as a return of contributions and interest from the United States government, the State, or other political subdivision thereof, or from any retirement, disability, or annuity system established by any of them pursuant to statute. [L 1967, c 56, §6; HRS §571-52; am L 1979, c 140, §1; am L 1984, c 207, §§1, 2; am L 1985, c 176, §1 and c 257, §1; am L 1986, c 332, §11; am L 1987, c 161, §1; am L 2000, c 194, §1; am L 2022, c 92, §1]
Haw. Rev. Stat. § 576B-711 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-711
Modification of Convention child support order.
Status: in_force

(a) A tribunal of this State may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:

(1) The obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

(b) If a tribunal of this State does not modify a Convention child support order because the order is not recognized in this State, section 576B-708(c) applies. [L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 587D-4 — HI Code / Division 3 / Title 31 / Chapter 587D / Section 587D-4
Reporting.
Status: in_force

Within twenty-four hours of receiving an unharmed newborn child under section 587D‑3, the personnel of the hospital, fire station, or police station, or emergency services personnel shall inform the department that a newborn child has been left at the premises; provided that the department shall not be informed until the person leaving the newborn child has left the premises. If the newborn child is received in a harmed condition, the hospital, fire station, police station, or emergency services personnel shall notify appropriate law enforcement agencies, regardless of whether the person or persons leaving the newborn child has left the premises. [L Sp 2007, c 7, pt of §2]
Haw. Rev. Stat. § 580-72 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-72
Married persons may bring action in own name.
Status: in_force

Whenever any married person has the right to sue for separate maintenance, that person may bring the action in that person's own name.
Haw. Rev. Stat. § 577E-2 — HI Code / Division 3 / Title 31 / Chapter 577E / Section 577E-2
State commission on fatherhood.
Status: in_force

There is established the state commission on fatherhood within the department of human services for administrative purposes.
Haw. Rev. Stat. § 587A-31 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-31
Permanency hearing.
Status: in_force

(a) A permanency hearing shall be conducted within twelve months of the child's date of entry into foster care or within thirty days of a judicial determination that the child is an abandoned infant or that aggravated circumstances are present. A permanency hearing shall be conducted at least every twelve months thereafter for as long as the child remains in foster care under the placement responsibility of the department or an authorized agency, or every six months thereafter if the child remains in the permanent custody of the department or an authorized agency.

(b) The court shall review the status of the case to determine whether the child is receiving appropriate services and care, that case plans are being properly implemented, and that activities are directed toward a permanent placement for the child.

(c) At each permanency hearing, the court shall make written findings pertaining to:

(1) The extent to which each party has complied with the service plan and progressed in making the home safe;

(2) Whether the current placement of the child continues to be appropriate and in the best interests of the child or if another in-state or out-of-state placement should be considered;

(3) The court's projected timetable for reunification or, if the current placement is not expected to be permanent, placement in an adoptive home, with a legal guardian, or under the permanent custody of the department or an authorized agency;

(4) Whether the department has made reasonable efforts, in accordance with the safety and well-being of the child, to:

(A) Place siblings who have been removed from the family home with the same resource family, adoptive placement, or legal guardians; and

(B) Provide for frequent visitation or other ongoing interactions with siblings who are not living in the same household;

(5) The appropriate permanency goal for the child, including whether a change in goal is necessary;

(6) Whether the department has made reasonable efforts to finalize the permanency goal in effect for the child and a summary of those efforts;

(7) The date by which the permanency goal for the child is to be achieved;

(8) In the case of a child who has attained fourteen years of age, the services needed to assist the child with the transition from foster care to independent living; and

(9) Consultations with the child in an age-appropriate manner about the proposed plan for permanency or transition from foster care to independent living.

(d) At each permanency hearing, the court shall order:

(1) The child's reunification with a parent or parents;

(2) The child's continued placement in foster care, where:

(A) Reunification is expected to occur within a time frame that is consistent with the developmental needs of the child; and

(B) The safety and health of the child can be adequately safeguarded; or

(3) A permanent plan with a goal of:

(A) Placing the child for adoption and when the department will file a motion to set the matter for the termination of parental rights;

(B) Placing the child for legal guardianship if the department documents and presents to the court a compelling reason why termination of parental rights and adoption are not in the best interests of the child; or

(C) Awarding permanent custody to the department or an authorized agency, if the department documents and presents to the court a compelling reason why adoption and legal guardianship are not in the best interests of the child.

(e) At each permanency hearing where a permanent plan is ordered, the court shall make appropriate orders to ensure timely implementation of the permanent plan and to ensure that the plan is accomplished within a specified period of time.

(f) A permanency hearing may be held concurrently with a periodic review hearing.

(g) If the child has been in foster care under the responsibility of the department for a total of twelve consecutive months or an aggregate of fifteen out of the most recent twenty-two months from the date of entry into foster care, the department shall file a motion to terminate parental rights, unless:

(1) The department has documented in the safe family home factors or other written report submitted to the court a compelling reason why it is not in the best interest of the child to file a motion; or

(2) The department has not provided to the family of the child, consistent with the time period required in the service plan, such services as the department deems necessary for the safe return of the child to the family home.

(h) Nothing in this section shall prevent the department from filing a motion to terminate parental rights if the department determines that the criteria for terminating parental rights are present. [L 2010, c 135, pt of §1; am L 2011, c 51, §6; am L 2016, c 133, §5]
Haw. Rev. Stat. § 572B-4 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-4
Solemnization; license to perform; refusal to join persons in a civil union.
Status: in_force

(a) A civil union shall become valid only upon completion of a solemnization by a person licensed in accordance with this section.

(b) Any judge or retired judge, including a federal judge or judge of another state who may legally join persons in chapter 572 or a civil union, may solemnize a civil union. Any clergy, minister, priest, rabbi, or officer of any religious denomination or society who has been ordained or is authorized to solemnize civil unions according to the usages of such denomination or society, or any religious society not having clergy but providing solemnization in accordance with the rules and customs of that society, may solemnize a civil union.

(c) Notwithstanding any other law to the contrary, a clergy, minister, priest, rabbi, officer of any religious denomination or society, or religious society not having clergy but providing solemnizations that is authorized to perform solemnizations of civil unions pursuant to this chapter shall not be required to solemnize any civil union that is in violation of their religious beliefs or faith.

(d) A clergy, minister, priest, rabbi, officer of any religious denomination or society, or religious society not having clergy but providing solemnizations that, pursuant to this section, fails or refuses to perform the solemnization of a civil union shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal.

(e) No agent may solemnize a civil union; nor may any assistant or deputy of the agent solemnize a civil union.

(f) No person shall perform the solemnization of a civil union without first having obtained a license from the department of health. The department of health shall issue licenses to solemnize civil unions in the same manner as it issues licenses pursuant to chapter 572. The department of health may revoke or suspend a license to solemnize civil unions. Any penalties or fines that may be levied or assessed by the department of health for violation of chapter 572 shall apply equally to a person licensed to solemnize civil unions. [L 2011, c 1, pt of §2; am L 2012, c 267, §6; am L Sp 2013 2d, c 1, §7]
Haw. Rev. Stat. § 576B-505 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-505
Penalties for noncompliance.
Status: in_force

An employer that wilfully fails to comply with an income withholding order issued in another state and received for enforcement shall be subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this State.
Haw. Rev. Stat. § 572-1.9 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-1.9
Reliance on federal law.
Status: in_force

Any law of this State that refers to, adopts, or relies upon federal law shall apply to all marriages recognized under the laws of this State as if federal law recognized such marriages in the same manner as the laws of this State so that all marriages receive equal treatment. [L Sp 2013 2d, c 1, pt of §2]
Haw. Rev. Stat. § 577A-3 — HI Code / Division 3 / Title 31 / Chapter 577A / Section 577A-3
Providing information.
Status: in_force

(a) Public or private hospitals, public or private clinics, or licensed health care providers may, at the discretion of the treating licensed health care provider, inform the spouse, parent, custodian, or guardian of any minor patient of the provision of medical care and services to the minor or disclose any information pertaining to the medical care and services after consulting with the minor patient to whom the medical care and services have been provided under this chapter.

(b) If the minor patient is not diagnosed as being pregnant or having a sexually transmitted infection, the information as well as the application for diagnosis may be disclosed, at the discretion of the treating licensed health care provider, after consulting with the minor patient. [L 1968, c 58, §5; am L 1975, c 171, §1(1); am L 1979, c 230, pt of §1; am L 2017, c 88, §11; am L 2024, c 91, §3]
Haw. Rev. Stat. § 576D-12 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-12
Protection of records; divulging confidential information prohibited; penalties.
Status: in_force

(a) The agency and its agents shall keep records that may be necessary or proper in accordance with this chapter. All applications and records concerning any individual or case shall be confidential. The use or disclosure of information concerning any individual or case shall be limited to:

(1) Persons duly authorized by the State or the United States in connection with their official duties, when their official duties are directly concerned with the administration and implementation of any child support enforcement plan or of a program approved by Title IV-A through E, or under Title II, X, XIV, XVI, XIX, or XX of the Social Security Act, including but not limited to any legal counsel working on behalf of the agency;

(2) Disclosure to the extent necessary to provide information to family support payors or payees or their authorized representatives regarding payments received by the agency and the status of their support accounts; provided that the information shall be disclosed to an authorized representative only if the request is accompanied by a written waiver of the payor or payee concerned;

(3) Disclosure to consumer reporting agencies as provided in section 576D-6(a)(6);

(4) Other agencies or persons connected with the administration of any other federal or federally assisted program that provides assistance, in cash or in kind, or services, directly to individuals on the basis of need;

(5) Employees acting within the scope and course of their employment with the department as may be approved by the agency;

(6) Purposes directly connected with any investigation, enforcement, prosecution, or criminal, civil, or administrative proceeding conducted in connection with the administration of any plan or program in paragraph (1); and

(7) Disclosure to the family court as may be deemed necessary by the family court for any case pending before a court or for purposes of implementation of section 571-51.5.

(b) Disclosure to any committee or legislative body (federal, state, or county) of any information that identifies by name and address any applicant or recipient shall be prohibited.

(c) The agency shall not disclose information relating to the location of one party or the child to another party if the agency knows a protective order has been entered with respect to the other party. The agency shall not disclose information related to the location of one party or the child to another person if the agency has reason to believe that disclosure of the information to that person may result in physical or emotional harm to the party or the child.

(d) When the Secretary of Health and Human Services or the Secretary's agent discloses information about a parent or child to a family court or hearings officer and advises that court or hearings officer that the Secretary has been notified that there is reasonable evidence of domestic violence or child abuse, the court or hearings officer shall determine whether disclosure to any other person of information received from the Secretary could be harmful to the parent or child and, if the court or hearings officer determines that disclosure to any other person could be harmful, the court or hearings officer shall not make any such disclosure.

(e) The agency shall adopt and enforce such rules as may be necessary to prevent improper acquisition or use of confidential information. Any information obtained pursuant to this section by officials, employees, or legal counsel working on behalf of the agency may be used in connection with their official duties or within the scope and course of their employment but not otherwise, and shall be kept in confidential records or files, which shall not be subject to any other law permitting inspection of government records. The agency and its agents shall determine whether the inspection is in connection with the official duties or within the scope and course of employment.

(f) The use of the records, and other communications of the agency or its agents by any other agency or department of the government to which they may be furnished, shall be limited to the purposes for which they are furnished.

(g) Any person, including any person who is authorized by this section to obtain information, who, knowing the information obtained is from confidential records or files of the agency, intentionally discloses the information other than as authorized by law, or who intentionally or knowingly aids or abets in the inspection or disclosure of the applications or records by any person not authorized by this section to inspect such applications or records, shall be guilty of a misdemeanor, unless a greater penalty is otherwise provided by law.

(h) Nothing in this section shall require the sealing of family court records or preclude the disclosure of information by the family court relating to any case pending before a court or for purposes of implementation of section 571-51.5. [L 1989, c 133, §1; am L 1991, c 145, §2; am L 1992, c 246, §4; am L 1997, c 293, §31; am L 1998, c 153, §6; am L 2002, c 84, §2; am L 2005, c 26, §2; am L 2006, c 42, §1]
Haw. Rev. Stat. § 587A-27 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-27
Service plan.
Status: in_force

(a) The service plan shall provide:

(1) The specific steps necessary to facilitate the return of the child to a safe family home, if the proposed placement of the child is in foster care under foster custody. These specific steps shall include treatment and services that will be provided, actions completed, specific measurable and behavioral changes that must be achieved, and responsibilities assumed;

(2) Whether an ohana conference will be conducted for family finding and family group decision making;

(3) The respective responsibilities of the child, the parents, legal guardian or custodian, the department, other family members, and treatment providers, and a description and expected outcomes of the services required to achieve the permanency goal;

(4) The required frequency and types of contact between the assigned social worker, the child, and the family;

(5) The time frames during which services will be provided, actions must be completed, and responsibilities must be discharged;

(6) Notice to the parents that their failure to substantially achieve the objectives described in the service plan within the time frames established may result in termination of their parental rights;

(7) Notice to the parents that if the child has been in foster care under the responsibility of the department for an aggregate of fifteen out of the most recent twenty-two months from the child's date of entry into foster care, the department is required to file a motion to set a termination of parental rights hearing, and the parents' failure to provide a safe family home within two years from the date when the child was first placed under foster custody by the court, may result in the parents' parental rights being terminated; and

(8) Any other terms and conditions that the court or the authorized agency deem necessary to the success of the service plan.

(b) Services and assistance to the family that are required by a service plan shall be presented in a manner that can be understood by and does not overwhelm the parties.

(c) The court shall ensure that each term, condition, and consequence of the service plan has been thoroughly explained to, understood by, and agreed to by each member of the child's family whom the authorized agency deems to be necessary to the success of the service plan. The court shall thereafter order the service plan into effect and order the distribution of copies to each family member or person who is a party to the service plan. If a member of a child's family whom the authorized agency deems to be necessary to the success of the service plan cannot understand or refuses to agree to the terms, conditions, and consequences of the service plan, the court shall conduct a hearing to determine the terms, conditions, and consequences of a service plan that will ensure a safe home for the child. [L 2010, c 135, pt of §1; am L 2011, c 51, §3]
Haw. Rev. Stat. § 583A-314 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-314
Appeals.
Status: in_force

An appeal may be taken from a final order in a proceeding under this part in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 583A-204, the enforcing court shall not stay an order enforcing a child-custody determination pending appeal.
Haw. Rev. Stat. § 575-3 — HI Code / Division 3 / Title 31 / Chapter 575 / Section 575-3
Complaint.
Status: in_force

Proceedings under this chapter may be instituted upon complaint made under oath or affirmation by the spouse, child, or children, or either of them, by the child support enforcement agency, or by any other person or persons, or organization, against any person guilty of either of the above named offenses.
Haw. Rev. Stat. § 576B-502 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-502
Employer's compliance with income withholding order of another state.
Status: in_force

(a) Upon receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

(b) The employer shall treat an income withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this State.

(c) Except as otherwise provided in subsection (d) and section 576B-503, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order that specify:

(1) The duration and the amount of periodic payments of current child support, stated as a sum certain;

(2) The person designated to receive payments and the address to which the payments are to be forwarded;

(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

(1) The employer's fee for processing an income withholding order;

(2) The maximum amount permitted to be withheld from the obligor's income; and

(3) The times within which the employer must implement the withholding order and forward the child support payment. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 577-27 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-27
Missing children; reporting.
Status: in_force

(a) Upon the filing of a police report that a child is missing by the parent or guardian, the law enforcement agency receiving notification shall:

(1) Immediately inform all on-duty law enforcement officers of the existence of the missing child report;

(2) Report pertinent information about the missing child to any other law enforcement agency having jurisdiction in the county; and

(3) Immediately transmit pertinent information on the missing child for inclusion within the state juvenile justice information system, and, if it appears that the juvenile has left the State or may leave the State, the National Crime Information Center system.

(b) A missing child report filed with a law enforcement agency which has jurisdiction is sufficient documentation for entering a juvenile in the missing persons' files of the juvenile justice information system, the National Crime Information Center, or both. Law enforcement agencies having jurisdiction over the missing child shall comply with any information required by the National Crime Information Center to effectuate the purpose of this [section].

(c) In the case of a parental kidnapping, the law enforcement agency shall obtain from the reporting parent or guardian a certified copy of the custody papers. [L 1994, c 244, §1]
Haw. Rev. Stat. § 578-5 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-5
Same; proof of.
Status: in_force

A return of service of the summons shall be made by the serving officer in the manner prescribed by section 634-22, and be similarly effective.

Revision Note

Section "634-22" substituted for "634-58".
Haw. Rev. Stat. § 580-18 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-18
[ §580-18] Interpretation of words to be gender-neutral.
Status: in_force

[ §580-18] Interpretation of words to be gender-neutral. With regard to the rights, benefits, protections, and responsibilities of persons set forth under this chapter, all gender-specific terminology, such as "wife", "husband", "mother", "father", "aunt", "uncle", "niece", "nephew", 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. § 571-84.6 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-84.6
Minor law violators; proceedings and records not confidential.
Status: in_force

(a) As used in this section:

"Legal record" means 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 and adjudication data, other than social records, filed in proceedings before the court.

"Social record" means those social and clinical studies, reports, or examinations prepared in any case pursuant to this chapter.

(b) Notwithstanding any other law to the contrary, in any proceeding in which a minor age fourteen years of age or older has been adjudicated by the court under section 571-11(1) for an act that if committed by an adult would:

(1) Be murder in the first degree or second degree or attempted murder in the first degree;

(2) Result in serious bodily injury to or death of a victim;

(3) Be a class A felony; or

(4) Be a felony and the minor has more than one prior adjudication for acts that would constitute felonies if committed by an adult,

all legal records related to the above stated proceeding shall be open for public inspection, unless the administrative judge of the family court or the judge's designee finds in writing that there are significant and compelling circumstances peculiar to the case of such a nature that public inspection would be inconsistent with or defeat the express purpose of this section. All social records shall be kept confidential except as provided in section 571-84.

(c) Notwithstanding any other law to the contrary, in any case in which a minor age sixteen years of age or older comes within section 571-11(1) is taken into custody for an act that if committed by an adult would:

(1) Be murder in the first degree or second degree or attempted murder in the first degree;

(2) Result in serious bodily injury to or death of a victim;

(3) Be a class A felony and the minor has one or more prior adjudications for an act that would constitute a felony if committed by an adult; or

(4) Be a class B or C felony and the minor has more than one prior adjudication for acts that would constitute felonies if committed by an adult,

all legal proceedings related to the above stated case shall be open to the public unless the administrative judge of the family court or the judge's designee finds in writing that there are significant and compelling circumstances peculiar to the case of such a nature that an open proceeding would be inconsistent with or defeat the express purpose of this section. [L 1997, c 317, §2; am L 1999, c 139, §3]
Haw. Rev. Stat. § 587D-1 — HI Code / Division 3 / Title 31 / Chapter 587D / Section 587D-1
Definitions.
Status: in_force

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

"Department" means the department of human services.

"Emergency services personnel" shall have the same meaning as defined in section 78-52.

"Firefighter" means a member of a fire department whose principal duties are to prevent and fight fires.

"Fire station" means a building for fire equipment and firefighters.

"Health care provider" means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession.

"Hospital" means a facility licensed as a hospital by the department of health and accredited by The Joint Commission.

"Police officer" means any public servant, whether employed by the State or any county, or by the United States, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.

"Police station" means a facility where police officers report for assignments, paperwork, and other police business.

"Unharmed condition" means no evidence of injury to a newborn child's physical or psychological health or welfare, as evidenced in any case where:

(1) The newborn child is alive and exhibits no:

(A) Substantial or multiple skin bruising or any other internal bleeding;

(B) Injury to skin causing substantial bleeding;

(C) Malnutrition;

(D) Failure to thrive;

(E) Burn or burns;

(F) Poisoning;

(G) Fracture of any bone;

(H) Subdural hematoma;

(I) Soft tissue swelling;

(J) Extreme pain;

(K) Extreme mental distress; or

(L) Gross degradation;

(2) The newborn child has not been the victim of:

(A) Sexual contact or conduct, including rape, sodomy, molestation, sexual fondling, or incest;

(B) Obscene or pornographic photographing, filming, or depiction; or

(C) Other similar forms of sexual exploitation;

(3) Injury does not exist to the psychological capacity of a child as evidenced by a substantial impairment in the child's ability to function;

(4) The child has been provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, and supervision; or

(5) The child has not been provided with dangerous, harmful, or detrimental drugs, as defined by section 712‑1240; except in cases where a child's family provides the drugs to the child pursuant to the direction or prescription of a practitioner, as defined in section 712‑1240. [L Sp 2007, c 7, pt of §2; am L 2020, c 70, §61]

Revision Note
Haw. Rev. Stat. § 578-3 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-3
Custody of child pendente lite.
Status: in_force

At any stage of the proceeding subsequent to the filing of the petition and prior to the entry of a decree, the court, upon a showing that the best interests of the child will be served thereby, may order that the petitioner or petitioners shall be entitled to retain the custody and control of the child and shall be responsible for the care, maintenance and support of the child including any necessary medical or surgical treatment, pending the further order of the court. Such order may also authorize and legally obligate the petitioner or petitioners to arrange for the burial of the child if the child shall die prior to the entry of the decree. [RL 1945, pt of §12271; am L 1953, c 115, pt of §1; am L 1955, c 132, §1; RL 1955, §331-3; HRS §578-3; am L 1969, c 183, §4; am L 1973, c 211, §3(c)]
Haw. Rev. Stat. § 576E-18 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-18
Contempt; procedure for punishment.
Status: in_force

In any hearing in a contested case before a hearings officer, any adult who wilfully violates, neglects, or refuses to obey or perform any lawful order of the hearings officer, may be proceeded against in the family court for contempt of court according to law.
Haw. Rev. Stat. § 571-44 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-44
Physical or mental examination and treatment.
Status: in_force

The court may order that a child or minor for whom a petition has been filed, be examined by a physician, surgeon, psychiatrist, or psychologist. The court may order treatment by a physician, surgeon, psychiatrist, or psychologist of a child or minor who has been adjudicated by the court. For either the examination or treatment, the court may place the child or minor in a hospital or other suitable facility. After a hearing, the court may order an examination by a physician, surgeon, psychiatrist, or psychologist of a parent or guardian whose ability to care for a child before the court is at issue.
Haw. Rev. Stat. § 582-4 — HI Code / Division 3 / Title 31 / Chapter 582 / Section 582-4
Financial arrangements.
Status: in_force

The compact administrator, subject to the approval of the state comptroller, may make or arrange for any payments necessary to discharge any financial obligations imposed upon the State by the compact or by any supplementary agreement entered into thereunder.
Haw. Rev. Stat. § 576B-616 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-616
Procedure to register child support order of foreign country for modification.
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this State under sections 576B-601 through 576B-608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition shall specify the grounds for modification.
Haw. Rev. Stat. § 577-19 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-19
Children prohibited in certain places, when; penalty.
Status: in_force

Any keeper of a coffee shop, ice cream parlor, victualing or billiard saloon, bowling alley, skating rink, theater, show house, or premises in which any show, moving picture, or other like public entertainment is given, who permits any child under the age of sixteen years to be or remain upon the premises or in the saloon, rink, theater, show house, or premises, or in whose premises such child may be found between the hours of ten in the evening and six in the morning, unless the child is accompanied by the child's parent or guardian, or some other adult person thereto authorized by such parent or guardian, shall be fined not more than $100.
Haw. Rev. Stat. § 580-12 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-12
Sequestration of property.
Status: in_force

All property within the State of a party to a matrimonial action may by order of the court be sequestered and applied to the payment of any allowance in such action by the court for the support and maintenance of either spouse or for the support, maintenance, and education of minor children, whether temporary or permanent, where service or notice has been effected by any of the methods set forth in section 580-3.
Haw. Rev. Stat. § 571-46.3 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-46.3
Grandparents' visitation rights; petition; notice; order.
Status: in_force

(a) A grandparent or the grandparents of a minor child may file a petition with the court for an order of reasonable visitation rights. The court may award reasonable visitation rights; provided that the following findings are made:

(1) The State is the home state of the child at the time of the commencement of the proceeding;

(2) The petitioner's child, who is a parent of the minor child, is otherwise unable to exercise parental visitation of the minor child due to incarceration or death; and

(3) Denial of reasonable grandparent visitation rights would cause significant harm to the child.

(b) No hearing for an order of reasonable visitation rights under this section shall commence until each of the living parents and the child's custodians are provided due notice, actual or constructive, of the allegations of the petition and of the time and place of the hearing.

(c) In any proceeding on a petition filed pursuant to this section, there shall be a rebuttable presumption that a parent's or custodian's decision regarding visitation is in the best interest of the child. The presumption may be rebutted by clear and convincing evidence that denial of reasonable grandparent visitation rights would cause significant harm to the child.

(d) In awarding reasonable grandparent visitation, the court shall be guided by all standards, considerations, and procedures for parent visitation rights under section 571-46.

(e) An order issued pursuant to this section shall be enforceable by the court, and the court may issue other orders to carry out these enforcement powers if in the best interests of the child.

(f) Any person who violates the terms and conditions of an order awarding reasonable grandparent visitation rights pursuant to subsection (a) shall be subject to sanctions as determined by the court and in accordance with section 571-81. [L 1993, c 166, §1; am L 1998, c 20, §2; am L 2023, c 77, §1]
Haw. Rev. Stat. § 587A-39 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-39
Notice and service of protective order.
Status: in_force

(a) A protective order issued pursuant to section 587A-38 shall be served either personally or by certified mail on each party to be restrained. In the case where a party was present at the hearing during which the protective order was issued, that party shall be deemed to have notice of the order.

(b) The court may order the police department to serve a protective order issued pursuant to section 587A-38 upon each party to be restrained, to accompany a protected party to that party's dwelling or residence, and to place the protected party in possession of that party's dwelling or residence.

(c) Within twenty-four hours after its issuance, a protective order issued pursuant to section 587A-38 shall be transmitted by the clerk of the court to the appropriate county police department. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 580-71.5 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-71.5
Separation no bar to divorce.
Status: in_force

Any party to a matrimonial action in which a decree of separation from bed and board has been entered, or any party to an action for separate maintenance in which a decree has been entered, may, notwithstanding the existence of such a decree, institute a matrimonial action and petition for the dissolution of that marriage, on any ground other than those set forth in paragraphs (2) and (3) of section 580-41, and in support of such petition may introduce evidence relating to events and facts occurring and existing both prior and subsequent to the entry of the decree of separation from bed and board in the prior matrimonial action, or the prior action for separate maintenance.
Haw. Rev. Stat. § 583A-305 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-305
Registration of child-custody determination.
Status: in_force

(a) A child-custody determination issued by a court of another state may be registered in this State, with or without a simultaneous request for enforcement, by sending to the appropriate court in this State:

(1) A letter or other document requesting registration;

(2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

(3) Except as otherwise provided in section 583A-209, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child-custody determination sought to be registered.

(b) On receipt of the documents required by subsection (a), the registering court shall cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 572-1.8 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-1.8
Interpretation of terminology to be gender-neutral.
Status: in_force

When necessary to implement the rights, benefits, protections, and responsibilities of spouses under the laws of this State, all gender-specific terminology, such as "husband", "wife", "widow", "widower", or similar terms, shall be construed in a gender-neutral manner. This interpretation shall apply to all sources of law, including statutes, administrative rules, court decisions, common law, or any other source of law. [L Sp 2013 2d, c 1, pt of §2]
Haw. Rev. Stat. § 571-42 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-42
Procedure in adult cases.
Status: in_force

(a) In any criminal proceeding arising under section 571-14, except as to cases involving abuse of a family or household member, the court, with the consent of the defendant or the parties in interest, may make a preliminary investigation and such adjustment as is practicable, without prosecution. The procedure and disposition applicable in the trial of cases arising under section 571-14, including cases involving abuse of a family or household member, in a criminal court shall be applicable to any trial of these cases by the family court. On request of the court, the appropriate prosecuting officer shall prepare and prosecute any criminal case within the purview of section 571-14.

(b) Where in the judge's opinion it is necessary to protect the welfare of the persons before the court, the judge may conduct hearings in chambers and may exclude persons having no direct interest in the case.

(c) In proceedings arising under section [571-14(a)(3), (4), or (5)], the court may make a preliminary investigation and, with the consent of the parties in interest, may make such adjustment as is practicable without further formal procedures.

(d) In any noncriminal proceeding arising under section 571-14, any findings of fact or disposition shall be based upon a preponderance of evidence admissible under the rules of evidence applicable to the trial of civil cases. [L 1965, c 232, pt of §1; Supp, §333-20; HRS §571-42; am L 1976, c 85, §10; gen ch 1985; am L 1997, c 25, §1]
Haw. Rev. Stat. § 577E-1 — HI Code / Division 3 / Title 31 / Chapter 577E / Section 577E-1
Findings and purpose.
Status: in_force

The legislature finds that, across the United States, there is a renewed understanding of the unique importance of fathers in the lives of their children, families, and communities. It is widely recognized that children are more likely to thrive with support, guidance, and nurturing from both parents. The absence of one parent from a child's life can place that child at a greater risk of health, emotional, educational, and behavioral problems associated with the child's development. However, many young men today are themselves fatherless, lack appropriate role models, and are in need of information and education regarding the appropriate roles and responsibilities of fathers.

The legislature further finds that the role of fathers in the raising of children and in the health and well-being of families is often unintentionally overlooked in government contracts, programs, and services dealing with children's health, welfare, and education.

It is the purpose of this chapter to provide for a statewide program to promote healthy family relationships between parents and children. [L 2003, c 156, pt of §2; am L 2005, c 148, §2; ree L 2006, c 232, pt of §1; am L 2007, c 190, §1]
Haw. Rev. Stat. § 587A-35 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-35
Retention of jurisdiction.
Status: in_force

Except as otherwise provided in this chapter, the court may retain jurisdiction under this chapter until the full term for which any order entered expires or until the child attains nineteen years of age, whichever comes first.
Haw. Rev. Stat. § 576B-103 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-103
State tribunal and support enforcement agency.
Status: in_force

(a) The family court, the child support enforcement agency established by section 576D-2, and the office of child support hearings are the tribunals of this State.

(b) The child support enforcement agency is the support enforcement agency of this State. [L 1997, c 295, pt of §1; §576B-102; ren and am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 578-2 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-2
Consent to adoption.
Status: in_force

(a) Persons required to consent to adoption. Unless consent is not required or is dispensed with under subsection (c), a petition to adopt a child may be granted only if written consent to the proposed adoption has been executed by:

(1) The birthing parent of the child;

(2) A legal non-birthing parent to whom the child is a legitimate child;

(3) An adjudicated non-birthing parent whose relationship to the child has been determined by a court;

(4) A presumed non-birthing parent under subsection (d);

(5) A concerned natural non-birthing parent who is not the legal, adjudicated, or presumed non-birthing parent but who has demonstrated a reasonable degree of interest, concern, or responsibility as to the welfare of a child, either:

(A) During the first thirty days after the child's birth;

(B) Before the execution of a valid consent by the birthing parent of the child; or

(C) Before the placement of the child with adoptive parents;

whichever period of time is greater;

(6) Any person or agency having legal custody of the child or legally empowered to consent;

(7) The court having jurisdiction of the custody of the child, if the legal guardian or legal custodian of the person of the child is not empowered to consent to adoption; and

(8) The child to be adopted if the child is more than ten years of age, unless the court, in the best interest of the child, dispenses with the child's consent.

(b) A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse, if the adult is married.

(c) Persons as to whom consent not required or whose consent may be dispensed with by order of the court.

(1) Persons as to whom consent is not required:

(A) A parent who has deserted a child without affording means of identification for a period of ninety days;

(B) A parent who has voluntarily surrendered the care and custody of the child to another for a period of two years;

(C) A parent of the child in the custody of another, if the parent for a period of at least one year has failed to communicate with the child when able to do so;

(D) A parent of a child in the custody of another, if the parent for a period of at least one year has failed to provide for the care and support of the child when able to do so;

(E) A natural non-birthing parent who was not married to the child's birthing parent at the time of the child's conception or birth and who does not fall within the provisions of subsection (a)(3), (4), or (5);

(F) A parent whose parental rights have been judicially terminated under the provisions of sections 571-61 to 571-63, or under the provisions of any other state or other law by a court or other agency having jurisdiction to take the action;

(G) A parent who is judicially declared mentally ill or intellectually disabled and found by the court to be incapacitated from giving consent to the adoption of the child;

(H) Any legal guardian or legal custodian of the child sought to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of sixty days or who, after examination of the person's written reasons for withholding consent, is found by the court to be withholding the person's consent unreasonably;

(I) A parent of a child who has been in the custody of a petitioner under this chapter for a period of at least one year and who entered the United States of America as a consequence of extraordinary circumstances in the child's country of origin, by reason of which extraordinary circumstances the existence, identity, or whereabouts of the child's parents is not reasonably ascertainable or there is no reasonable means of obtaining suitable evidence of the child's identity or availability for adoption;

(J) Any parent of the individual to be adopted, if the individual is an adult eligible for adoption under subsection (b); and

(K) A parent whose parental and custodial duties and rights have been divested by an award of permanent custody pursuant to section 587A-33;

(2) Persons whose consent may be dispensed with by order of the court. The court may dispense with the consent of a parent who comes within subsection (a)(3), (4), or (5), upon finding that:

(A) The petitioner is the child's birthing parent's spouse and the child has lived with the child's legal birthing parent and the petitioning birthing parent's spouse for a period of at least one year;

(B) The non-birthing parent is a concerned non-birthing parent as provided by subsection (a)(5) and has not filed a petition to adopt the child, or the petition to adopt the child filed by the non-birthing parent has been denied; or

(C) The non-birthing parent is an adjudicated, presumed, or concerned non-birthing parent as provided by subsection (a)(3), (4), or (5) and is not a fit and proper person or is not financially or otherwise able to give the child a proper home and education.

(d) Presumption of biological parentage. A person is presumed to be the natural non-birthing parent of a child if:

(1) The person and the child's birthing parent are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court;

(2) Before the child's birth, the person and the child's birthing parent have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and if the attempted marriage:

(A) Could be declared invalid only by a court, the child is born during the attempted marriage, or within three hundred days after its termination by death, annulment, declaration of invalidity, or divorce; or

(B) Is invalid without a court order, the child is born within three hundred days after the termination of cohabitation;

(3) After the child's birth, the person and the child's birthing parent have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid; and

(A) The person has acknowledged the person's biological parentage of the child in writing filed with the department of health;

(B) With the person's consent, the person is named as the child's non-birthing parent on the child's birth certificate; or

(C) The person is obligated to support the child under a written voluntary promise or by court order;

(4) While the child is under the age of majority, the person receives the child into the person's home and openly holds out the child as the person's natural child; or

(5) The person acknowledges the person's biological parentage of the child in writing filed with the department of health, which shall promptly inform the birthing parent of the filing of the acknowledgment, and the birthing parent does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the department of health. If another person is presumed under this section to be the child's non-birthing parent, acknowledgment may be effected only with the written consent of the presumed non-birthing parent or after the presumption has been rebutted. If the acknowledgment is filed and not disputed by the birthing parent and if another person is not presumed under this section to be the child's non-birthing parent, the department of health shall prepare a new certificate of birth in accordance with chapter 338.

(e) Notice of hearing; minor parent; consent authorizing selection of adoptive parents. No hearing of a petition for adoption shall be had unless each of the living parents of the child who falls within the provisions of subsection (a) and who has not consented to the proposed adoption, but who is alleged to fall within the provisions of [subsection] (c)(1)(A), (B), (C) and (D) or (c)(2), and any person whose name appears as non-birthing parent on the child's birth certificate, shall have had due notice, actual or constructive, of the allegations of the petition and of the time and place of the hearing thereof. The notice need not be given to any parent whose parental rights have been legally terminated as hereinabove provided or whose consent has been filed with the court.

The minority of a child's parent shall not be a bar to the right of the parent to execute a valid and binding consent to the adoption of the child.

Any parental consent required hereunder shall be valid and binding even though it does not designate any specific adoptive parent or parents, if it clearly authorizes the department of human services, or a child placing organization approved by the department under the provisions of section 346-17 or some proper person not forbidden by law to place a child for adoption, to select and approve an adoptive parent or parents for the child.

(f) Withdrawal of consent. A consent to adoption which has been filed or received in evidence in an adoption proceeding or which has been given to the department of human services or to a child placing organization approved by the department under section 346-17, or to any other proper person not forbidden by law to place or receive an individual for adoption, may not be withdrawn or repudiated after the individual has been placed for adoption, without the express approval of the court based upon a written finding that such action will be for the best interests of the individual to be adopted.

(g) Maintenance of action based on medical or surgical treatment of child barred when. A person who consents to adoption, or on whose behalf a consent to adoption is signed, and a nonconsenting parent whose consent is not required or is dispensed with hereunder shall be barred from maintaining any action based upon medical or surgical care or treatment given to the child with the permission of the petitioner or petitioners or the person or agency authorized by the parental consent to select and approve an adoptive parent or parents; provided that nothing herein contained shall be construed to alienate or impair any cause of action accruing to the child for personal injury which may be sustained as a result of such medical or surgical care or treatment. [RL 1945, pt of §12271; am L 1951, c 42, §1 and c 330, §1; am L 1953, c 115, pt of §1; am L 1955, c 132, §1; RL 1955, §331-2; am L Sp 1959 2d, c 1, §20; am L 1965, c 108, §1; HRS §578-2; am L 1969, c 183, §3; am L 1970, c 105, §5; am L 1973, c 211, §3(b); am L 1975, c 117, §1(1); am L 1976, c 16, §§1, 2 and c 194, §1(2); am L 1980, c 56, §1; am L 1986, c 166, §2 and c 201, §1; am L 1987, c 339, §4; am L 1992, c 190, §4; am L 1993, c 160, §1; am L 2010, c 135, §5; am L 2011, c 220, §17; am L 2023, c 160, §4]
Haw. Rev. Stat. § 583A-106 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-106
Effect of child-custody determination.
Status: in_force

A child-custody determination made by a court of this State that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this State or notified in accordance with section 583A-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Haw. Rev. Stat. § 571-2 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-2
Definitions.
Status: in_force

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

"Administrative monitoring" means a legal status of a child adjudicated for a status offense or a law violation who is not placed on legal status, but is ordered by the court to complete a discrete, small number of conditions within a short time period, and without regular court appearances.

"Adult" means a person eighteen years of age or older.

"Board" means the board of family court judges.

"Case plan" means a plan designed to ensure that a child on probation receives services and programming to achieve rehabilitation, proper care, and case management. The case plan may include rules and conditions of probation, goals related to reducing criminogenic needs, and evidence-based practices, requirements, services, and opportunities to incorporate the family.

"Child" or "minor" means a person less than eighteen years of age.

"Commit" means to transfer legal custody.

"Coordinated services" means treatment, education, care, services, and other resources provided by one or more distinct state or local agencies in a coordinated manner for a child who is involved with two or more youth-serving agencies.

"Court" means one of the family courts as herein established.

"Criminal history record check" means submission of an individual's fingerprints and other identifying information to the Federal Bureau of Investigation and to the Hawaii criminal justice data center in accordance with chapter 846.

"Detention" means the temporary care of children who require custody in physically secure facilities:

(1) For their immediate welfare;

(2) For the protection of the community;

(3) While awaiting transfer to another jurisdiction; or

(4) Because of violation of a family court order of probation or protective supervision.

"Electronic communication" means communication that is facilitated by any wired or wireless technology via the Internet or any other electronic media, including but not limited to communication by telephone, electronic mail, instant messaging, video conferencing, and web camera.

"Evidence-based practices" means supervision policies, procedures, and practices, as well as treatment and intervention programs, that research demonstrates are likely to reduce delinquency amongst children in the juvenile justice system.

"Family violence" means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense:

(1) Attempting to cause or causing physical harm to another family or household member;

(2) Placing a family or household member in fear of physical harm; or

(3) Causing a family or household member to engage involuntarily in sexual activity by force, threat of force, or duress.

"Guardianship of a minor" means the duty and authority to make important decisions in matters having a permanent effect on the life and development of the minor and to be concerned about the minor's general welfare. It includes, but shall not necessarily be limited, in either number or kind to:

(1) The authority to consent to marriage, to enlistment in the armed forces of the United States, or to major medical, psychiatric, and surgical treatment; to represent the minor in legal actions; to make other decisions concerning the minor of substantial legal significance;

(2) The authority and duty of reasonable visitation, except to the extent that the right of visitation has been limited by court order;

(3) The rights and responsibilities of legal custody when guardianship is exercised by the natural or adoptive parent, except where legal custody has been vested in another individual, agency, or institution; and

(4) The authority to consent to the adoption of the minor and to make any other decision concerning the minor that the minor's parents could make, when the rights of the minor's parents, or only living parent, have been judicially terminated as provided for in the statutes governing termination of parental rights to facilitate legal adoption, or when both of the minor's legal parents are deceased.

"Home visit" means an announced or unannounced visit to a child's place of residence, conducted by the child's probation officer.

"Informal adjustment" means the effort by intake officers, the courts, or others to provide a child referred to them or brought before them, and where appropriate that child's family, opportunity and aid before and in lieu of formally processing the child under this chapter. The objective of this effort is to afford opportunity and aid so that the child, and where appropriate the child's family, may realize voluntary adjustment of behavior and obtain counseling and edification so as to better allow the child's appropriate emergence into adult society.

"Interdepartmental cluster" means the regular coordination of several agencies, directed by the judiciary, to more efficiently provide services for high-need, court-involved children.

"Judge" means judge of the family court.

"Legal custody" means the relationship created by the court's decree which imposes on the custodian the responsibility of physical possession of the minor and the duty to protect, train, and discipline the minor and to provide the minor with food, shelter, education, and ordinary medical care, all subject to residual parental rights and responsibilities and the rights and responsibilities of any legally appointed guardian of the person.

"Meaningful contact" means parent and child interactions, activities, and experiences, performed together, which nurture the parent-child attachment and relationship, while contributing to the child's development in a positive and effective manner.

"Presumptive sanction" means a probation violation sanction determined by a probation officer from a range of graduated sanctions for the most common types of violation, adopted by the judiciary pursuant to section 571-48.5(4) and based upon consideration of factors including the nature and severity of the violation and the child's risk level.

"Probation" means a legal status created by court order following adjudication in a case involving a violation of law whereby a minor is permitted to remain in the minor's home or in a community residential or nonresidential program subject to supervision by the court or an agency designated by the court and subject to return to the court for violation of probation at any time during the period of probation.

"Protective supervision" means a legal status created by court order in proceedings not involving violations of law but where the legal custody of the minor is subject to change, whereby the minor is permitted to remain in the minor's home or in a community residential or nonresidential program under the supervision of the court or an agency designated by the court and subject to return to the court during the period of protective supervision.

"Residual parental rights and responsibilities" means those rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including, but not necessarily limited to, the right to reasonable visitation, consent to adoption or marriage, and the responsibility for support.

"Risk and needs assessment" means a determination, based on an actuarial tool validated on Hawaii's juvenile justice system-involved population, of specific factors that predict a child's likelihood of recidivating and criminogenic factors that, when properly addressed, can reduce the likelihood of recidivating.

"Senior judge" means the judge so designated, as provided in this chapter.

"Shelter" means the temporary care of children in physically unrestricting facilities pending court disposition.

"Statewide cluster" means the statewide juvenile justice interdepartmental cluster as established under section 571-86.5.

"Status offender" means any child coming within the family court's jurisdiction under section 571-11(2)(B), (C), or (D). Such child is distinguished from (A) a law violator under section 571-11(1) who comes into the family court upon allegations such person has committed an act which would constitute a crime if committed by an adult, and (B) a neglected child under section 571-11(2)(A) and (9) and chapter 587A.

The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of this chapter. [L 1965, c 232, pt of §1; Supp, §333-2; HRS §571-2; am L 1972, c 2, pt of §33; am L 1976, c 85, §3; am L 1980, c 303, §§4(1), 5(1), (2); am L 1985, c 209, §6; gen ch 1985; am L 1986, c 297, §5; am L 1987, c 283, §57 and c 316, §1; am L 1996, c 198, §2; am L 2003, c 95, §15(1); am L 2004, c 161, §29; am L 2005, c 22, §40 and c 244, §3; am L 2010, c 135, §7; am L 2011, c 191, §1; am L 2014, c 201, §6]
Haw. Rev. Stat. § 577-4 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-4
Stepparent; when required to support stepchild.
Status: in_force

A stepparent who acts in loco parentis is bound to provide, maintain, and support the stepparent's stepchild during the residence of the child with the stepparent if the legal parents desert the child or are unable to support the child, thereby reducing the child to destitute and necessitous circumstances.
Haw. Rev. Stat. § 586-8 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-8
Right to apply for relief.
Status: in_force

(a) A person's right to apply for relief shall not be affected by the person's leaving the residence or household to avoid abuse.

(b) The court shall not require security or bond of any party unless it deems [it] necessary in exceptional cases. [L 1982, c 123, pt of §2]
Haw. Rev. Stat. § 580-76 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-76
Revocation or modification of separation decrees.
Status: in_force

Where a decree of separation from bed and board has been entered, it may be revoked at any time thereafter, under such regulations and restrictions as the court may impose, upon the joint application of the parties, and upon their producing satisfactory evidence of their reconciliation. The court may also, for good cause shown from time to time, increase or decrease the period of separation decreed, provided that the maximum period of separation does not exceed two years from the effective date of the original decree of separation. [CC 1859, §1340; am L 1903, c 22, §2; RL 1925, §2991; RL 1935, §4488; am L Sp 1941, c 93, §2; RL 1945, §12240; RL 1955, §324-65; am L 1965, c 52, §5; HRS §580-76; am L 1973, c 211, §5(v)]
Haw. Rev. Stat. § 572C-2 — HI Code / Division 3 / Title 31 / Chapter 572C / Section 572C-2
Findings.
Status: in_force

The legislature acknowledges that there are many individuals who have significant personal, emotional, and economic relationships with another individual yet are prohibited by legal restrictions from marrying. For example, two individuals who are related to one another, such as a widowed mother and her unmarried son. Therefore, the legislature believes that certain rights and benefits presently available only to married couples should be made available to couples comprised of two individuals who are legally prohibited from marrying one another.
Haw. Rev. Stat. § 580-5 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-5
Proof.
Status: in_force

Upon the hearing of every complaint for annulment, divorce, or separation, the court shall require exact legal proof upon every point, notwithstanding the consent of the parties. Where the matter is uncontested and the court, in its discretion, waives the need for a hearing, then the court shall require exact legal proof upon every point by affidavit.
Haw. Rev. Stat. § 572C-7 — HI Code / Division 3 / Title 31 / Chapter 572C / Section 572C-7
Termination of reciprocal beneficiary relationship; filing fees and records; termination upon marriage.
Status: in_force

(a) Either party to a reciprocal beneficiary relationship may terminate the relationship by filing a signed notarized declaration of termination of reciprocal beneficiary relationship by either of the reciprocal beneficiaries with the director. For the filing of the declaration, the director shall collect a fee of $8, which shall be remitted to the director of finance for deposit into the general fund.

(b) Upon the payment of the fee, the director shall file the declaration and issue a certificate of termination of reciprocal beneficiary relationship to each party of the former relationship. The director shall maintain a record of each declaration and certificate of termination of reciprocal beneficiary relationship filed with or issued by the director.

(c) A reciprocal beneficiary relationship shall automatically terminate when:

(1) Either party to the reciprocal beneficiary relationship enters into a marriage or civil union solemnized by a person licensed by the department of health; or

(2) Either party to the reciprocal beneficiary relationship enters into a union outside the State that is recognized by law as a marriage or civil union in the State.

(d) If either party to a reciprocal beneficiary relationship enters into a legal marriage or civil union, the parties shall no longer have a reciprocal beneficiary relationship and shall no longer be entitled to the rights and benefits of reciprocal beneficiaries, except as provided in section 572B-4.5. [L 1997, c 383, pt of §1; am L 2012, c 267, §12]
Haw. Rev. Stat. § 587A-26 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-26
Temporary foster custody hearing.
Status: in_force

(a) When the department assumes temporary foster custody of a child and files a petition pursuant to this chapter, the court shall conduct a temporary foster custody hearing within two days after the petition is filed, excluding Saturdays, Sundays, and holidays. The purpose of a temporary foster custody hearing is to determine whether a child's safety continues to require protection prior to an adjudicatory determination at a return hearing.

(b) The temporary foster custody hearing may be continued for a period not to exceed fifteen days if the court determines that further investigation would be in the child's best interests.

(c) After reviewing the petition and any reports submitted by the department and considering all information pertaining to the safe family home factors, the court shall order:

(1) That the child be immediately released from the department's temporary foster custody, placed in temporary family supervision, and returned to the child's family home with the assistance of services, upon finding that the child's family is able to provide a safe family home with services; or

(2) That the child continue in the department's temporary foster custody, upon finding that there is reasonable cause to believe that continued placement in foster care is necessary to protect the child from imminent harm; provided that in making this determination, the court shall consider whether:

(A) The department made reasonable efforts to prevent or eliminate the need for removing the child from the child's family home before the child was placed in foster care;

(B) The alleged or potential perpetrator of imminent harm, harm, or threatened harm should be removed from the family home rather than continuing the child's placement in foster care. The child's family shall have the burden of establishing that it is in the child's best interests to remove the child, rather than the alleged or potential perpetrator, from the family home; and

(C) Every reasonable effort has been or is being made to place siblings or psychologically-bonded children together, unless such placement is not in the children's best interests.

(d) The court shall conduct a return hearing on the petition within fifteen days after the temporary foster custody hearing.

(e) The court may further order that:

(1) Any party undergo a physical, developmental, psychological, or psychiatric evaluation and that a written or oral report be submitted or communicated to the court and all parties before the next court hearing;

(2) The child's family members who are parties provide the department or another authorized agency the names and addresses of other relatives and friends who are potential visitation supervisors or resource families for the child;

(3) The child's family members who are parties be permitted reasonable supervised or unsupervised visitation with the child at the discretion of the child's guardian ad litem, the department, or another authorized agency;

(4) The court and the parties view a video or listen to an audio recording of the child's statements at such time and in such manner as the court deems appropriate;

(5) A criminal history record check be conducted by the department or another authorized agency on a party who is an alleged or potential perpetrator of imminent harm, harm, or threatened harm to the child;

(6) A protective order be entered;

(7) The department or another authorized agency prepare a written supplemental report;

(8) The child's guardian ad litem visit the child's family home and resource family home, be present during supervised visitation, and prepare a written report that includes specific recommendations concerning services and assistance to the family; and

(9) Any other orders be entered that the court deems necessary and in the best interests of the child.

(f) Any party may file a motion requesting, or the court may order sua sponte, a temporary foster custody hearing or rehearing at any time after a petition is filed, to determine whether the child should be placed in temporary foster custody to ensure the child's safety pending a scheduled return hearing. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 576D-17 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-17
Violations; penalties.
Status: in_force

(a) Unless otherwise provided, any person or entity in the State including for-profit, nonprofit, and labor organizations, and any agency, board, commission, authority, court, or committee of the State or its political subdivisions that knowingly, intentionally, or wilfully violates any section of this chapter or any request of the agency pursuant to this chapter shall be guilty of a petty misdemeanor.

(b) The agency may establish, through administrative rules, a system of fines for failure to promptly respond to the agency's request for information, which may be levied without the necessity of a court order. [L 1997, c 293, pt of §6; am L 2002, c 84, §4]
Haw. Rev. Stat. § 571-46.1 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-46.1
Joint custody.
Status: in_force

(a) Upon the application of either parent, joint custody may be awarded in the discretion of the court. For the purpose of assisting the court in making a determination whether an award of joint custody is appropriate, the court shall, upon the request of either party, direct that an investigation be conducted pursuant to the provisions of section 571-46(a)(4).

(b) For the purposes of this section, "joint custody" means an order awarding legal custody of the minor child or children to both parents and providing that physical custody shall be shared by the parents, pursuant to a parenting plan developed pursuant to section 571-46.5, in such a way as to assure the child or children of frequent, continuing, and meaningful contact with both parents; provided, however, that such order may award joint legal custody without awarding joint physical custody.

(c) Any order for joint custody may be modified or terminated upon the petition of one or both parents or on the court's own motion if it is shown that the best interests of the child require modification or termination of the order.

(d) Any order for the custody of the minor child or children of a marriage entered by a court in this State or any other state may, subject to the jurisdictional requirements set forth in sections 583A-201 to 583A-204, be modified at any time to an order of joint custody in accordance with this section. [L 1980, c 52, §2; am L 2002, c 124, §3; am L 2005, c 244, §4; am L 2008, c 114, §3]
Haw. Rev. Stat. § 576D-4 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-4
Establishment of paternity.
Status: in_force

When necessary to obtain child support for a child under section 576D-3, the agency shall take any legal or administrative action to establish the paternity of the child. The agency shall undertake the action on behalf of the State, child, custodial parent of the child, or any other person for whom the agency has a duty to obtain or enforce a child support order.
Haw. Rev. Stat. § 572B-5 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-5
Applicants for civil union; license required; limitations.
Status: in_force

(a) No persons may be joined in a civil union in this State unless both partners have:

(1) Met the requirements of section 572B-2;

(2) Complied with section 572B-6 and, if applicable, section 572B-7; and

(3) Been issued a license by an agent, which license shall bear the certification of the agent that the persons named therein have met the requirements of section 572B-2 and have complied with section 572B-6 and, if applicable, section 572B-7.

(b) The license, when certified by the agent, is sufficient authority for any person authorized to perform a civil union solemnization in this State to join the persons in a civil union; provided that the solemnization is performed not more than thirty days after the date of issuance. The license shall become void thirty days after issuance. [L 2011, c 1, pt of §2; am L 2012, c 267, §7]
Haw. Rev. Stat. § 571-50 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-50
Modification of decree, rehearing.
Status: in_force

(a) Except as otherwise provided by this chapter, any decree or order of the court may be modified at any time.

(b) At any time during supervision of a child the court may issue notice or other appropriate process to the child if the child is of sufficient age to understand the nature of the process, to the parents, and to any other necessary parties to appear at a hearing on a charge of violation of the terms of supervision, for any change in or modification of the decree or for discharge. The provisions of this chapter relating to process, custody, and detention at other stages of the proceeding shall be applicable.

(c) A parent, guardian, custodian, or next friend of any child whose status has been adjudicated by the court, or any adult affected by a decree of the court, at any time may petition the court for a rehearing on the ground that new evidence, which was not known or not available through the exercise of due diligence at the time of the original hearing and that might affect the decree, has been discovered. Upon a satisfactory showing of this evidence, the court shall order a new hearing and make any disposition of the case that the facts and the best interests of the child warrant.

(d) A parent, guardian, or next friend of a child whose legal custody has been transferred by the court to an institution, facility, agency, or person may petition the court for modification or revocation of the decree, on the ground that the legal custodian has wrongfully denied application for the release of the child or has failed to act upon it within a reasonable time, or has acted in an arbitrary manner not consistent with the welfare of the child or the public interest. An institution, facility, agency, or person vested with legal custody of a child may petition the court for a renewal, modification, or revocation of the custody order on the ground that the change is necessary for the welfare of the child or in the public interest. The court may dismiss the petition if on preliminary investigation it finds the petition without substance. If the court is of the opinion that the decree should be reviewed, it shall conduct a hearing on notice to all parties concerned, and may enter an order continuing, modifying, or terminating the decree.

(e) Notwithstanding the foregoing provisions of this section, the court's authority with respect to the review, rehearing, renewal, modification, or revocation of decrees, judgments, or orders entered in the hereinbelow listed classes of proceedings shall be limited by any specific limitations set forth in the statutes governing these proceedings or in any other specifically applicable statutes or rules. These proceedings are as follows:

(1) Annulment, divorce, separation, and other proceedings under chapter 580;

(2) Adoption proceedings under chapter 578;

(3) Parentage proceedings under chapter 584A;

(4) Termination of parental rights proceedings under this chapter; and

(5) State hospital commitment proceedings under chapter 334.

(f) A decree, judgment, or order committing a child to the care of the director of human services shall be reviewable under this section at the instance of others other than duly authorized representatives of the department only after a lapse of thirty days following the date of the decree, judgment, or order, and thereafter only at intervals of no less than one year.

(g) Notwithstanding this section, the court shall not conduct a rehearing of any petition, filed under section 571-11(1), that, following a hearing, has been denied or dismissed. [L 1965, c 232, pt of §1; Supp, §333-26; HRS §571-50; am L 1976, c 85, §13; am L 1980, c 232, §28; gen ch 1985; am L 1990, c 34, §16; am L 1995, c 189, §§13, 26; am L 1998, c 133, §5; am L 2025, c 298, §12]
Haw. Rev. Stat. § 576D-16 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-16
Duty of employers to report new hires to the agency; civil penalties for failure to comply with reporting; national new hire directory.
Status: in_force

(a) Beginning October 1, 1998, each employer in the State shall report to the agency within twenty days of hire, the name, address, social security number, and the date services for remuneration were first performed of each new hire along with the name, federal identification number, and address of the employer. Each report shall be made on a W-4 form or its equivalent, and may be transmitted by first class mail, magnetically, or electronically. If an employer is transmitting reports to the agency magnetically or electronically, the report shall be transmitted twice monthly not less than twelve days nor more than sixteen days apart. The agency shall maintain these reports as the state directory of new hires.

(b) Employers failing to report the information required in subsection (a) shall be subject to a civil penalty of $25 or, if the failure is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report, a $500 fine.

(c) Within three working days after the date information is reported to the agency's state directory of new hires, the agency shall furnish the information to the national directory of new hires. The agency shall furnish extracts of the reports required to the national directory of new hires on a quarterly basis concerning the wages and compensation paid to individuals, by such dates, in such format, and containing such information as the United States Secretary of Health and Human Services shall specify in regulations.

(d) For the purposes of this section, the term "new hire" means an employee who has not previously been employed by the employer or was previously employed by the employer but has been separated from the prior employment for at least sixty consecutive days. [L 1997, c 293, pt of §6; am L 2012, c 35, §1; am L 2013, c 69, §1]
Haw. Rev. Stat. § 578-13 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-13
Change of name.
Status: in_force

The court may fix or change the given name and the family name of an adoptive minor child to the name stipulated by the adoptive parents or that name which is in the best interest of the child.

The court may fix or change the given name and family name of an adoptive individual who is an adult at the time of the filing of the petition for adoption to the name stipulated by the adoptive parents or that name which is in the best interest of the adult. [RL 1945, pt of §12276; am L 1945, c 40, pt of §1; am L 1953, c 115, pt of §1; RL 1955, §331-13; HRS §578-13; am L 1973, c 211, §3(k); am L 1976, c 194, §1(7); am L 1987, c 278, §2]
Haw. Rev. Stat. § 577-3 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-3
Natural guardian; liability for torts of child.
Status: in_force

The father and mother of an unmarried minor child are jointly the natural guardians of the child's person and property. They shall have equal powers and duties with respect to the child and neither shall have any right superior to that of the other concerning the child's custody or control or any other matter affecting the child; provided that if either parent dies or abandons the family or is incapable for any reason to act as guardian, the guardianship devolves upon the other parent, and that when the parents live apart, the court may award the guardianship to either of them, having special regard to the interests of the child. The father and mother of unmarried minor children shall jointly and severally be liable in damages for tortious acts committed by their children, and shall be jointly and severally entitled to prosecute and defend all actions in which the children or their individual property may be concerned. [CC 1859, §1288; RL 1925, §3033; am L 1931, c 77, §1; RL 1935, §4511; RL 1945, §12262; RL 1955, §330-3; HRS §577-3; am L 1972, c 144, §1; gen ch 1985]
Haw. Rev. Stat. § 572B-8 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-8
Record of solemnization; reported by whom; affidavit; evidentiary weight of certificate or affidavit.
Status: in_force

(a) Each person who solemnizes a civil union shall certify upon the civil union license certificate all the facts required to be stated in a standard certificate of civil union, the form and contents of which shall be prescribed by the department of health, and return the certificate to the department of health within three business days following the solemnization of the civil union, or as may otherwise be prescribed by the department of health.

(b) If any person who has solemnized a civil union fails to return the certificate to the department of health as required under subsection (a), the partners joined in a civil union may provide the department of health with a notarized affidavit attesting to the fact that they were joined in a civil union and stating the date and place of the solemnization of the civil union. Upon the receipt of that affidavit by the department of health, the civil union of the partners shall be deemed to be valid as of the date of the solemnization of the civil union stated in the affidavit.

(c) The certificate required by subsection (a) or an affidavit received pursuant to subsection (b) shall be prima facie evidence of the facts stated therein. [L 2011, c 1, pt of §2; am L 2012, c 267, §9]
Haw. Rev. Stat. § 587D-2 — HI Code / Division 3 / Title 31 / Chapter 587D / Section 587D-2
Unharmed newborn children left at hospitals, fire stations, or police stations, or with emergency services personnel; avoidance of prosecution.
Status: in_force

A person may leave a newborn child with the personnel of a hospital, fire station, or police station, or emergency services personnel without being subject to prosecution for abandonment of a child pursuant to section 709‑902; provided that:

(1) The newborn child was born within seventy-two hours of being left at the hospital, fire station, or police station, or with emergency services personnel as determined within a reasonable degree of medical certainty; and

(2) The newborn child is left in an unharmed condition. [L Sp 2007, c 7, pt of §2]
Haw. Rev. Stat. § 571-43 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-43
Additional remedies not pleaded.
Status: in_force

When it appears, during the course of any trial, hearing, or proceeding, that some action or remedy other than or in addition to those indicated by the petition or other pleadings appears appropriate, the court may, provided all necessary parties consent, proceed to hear and determine forthwith the additional or other issues as though originally properly sought and pleaded.
Haw. Rev. Stat. § 572-22 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-22
Contracts.
Status: in_force

(a) A married person may make contracts, oral and written, sealed and unsealed, with the married person's spouse, or any other person, in the same manner as if the married person were sole.

(b) An agreement between spouses providing for periodic payments for the support and maintenance of one spouse by the other, or for the support, maintenance, and education of children of the parties, when the agreement is made in contemplation of divorce or judicial separation, is valid; provided that:

(1) The agreement shall be subject to approval by the court in any subsequent proceeding for divorce or judicial separation; and

(2) Future payments under an approved agreement shall nevertheless be subject to increase, decrease, or termination from time to time upon application and a showing of circumstances justifying a modification thereof.

(c) All contracts made between spouses, whenever made, whether before or after June 6, 1987, and not otherwise invalid because of any other law, shall be valid. [L 1888, c 11, §2; RL 1925, §2994; am L 1931, c 146, §1; RL 1935, §4645; am L 1939, c 17, §1; RL 1945, §12366; am L 1945, c 5, §1; RL 1955, §325-2; HRS §573-2; am L 1969, c 222, §1; am L 1976, c 200, pt of §1; ren and am L 1984, c 79, §2; am L 1987, c 194, §1; am L 2019, c 111, §40]

Revision Note

"June 6, 1987" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 576B-613 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-613
Jurisdiction to modify child support order of another state when individual parties reside in this State.
Status: in_force

(a) If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

(b) A tribunal of this State exercising jurisdiction under this section shall apply the provisions of Articles 1 and 2, this article, and the procedural and substantive law of this State to the proceeding for enforcement or modification. Articles 3, 4, 5, 7, and 8 shall not apply. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]