Haw. Rev. Stat. § 572-1.5 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-1.5
Definition of marriage.
Status: in_force

Whenever used in the statutes or other laws of Hawaii, "marriage" means the union licensed under section 572-1.
Haw. Rev. Stat. § 576B-317 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-317
Communications between tribunals.
Status: in_force

A tribunal of this State may communicate with a tribunal outside this State in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this State may furnish similar information by similar means to a tribunal outside this State.
Haw. Rev. Stat. § 576E-20 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-20
Uniform statewide procedures.
Status: in_force

The agency shall adopt uniform statewide procedures in compliance with applicable federal law, including part 305 of Title 45, Code of Federal Regulations.
Haw. Rev. Stat. § 572-12.2 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-12.2
Religious organizations; exemption under certain circumstances.
Status: in_force

(a) Notwithstanding any other law to the contrary, a religious organization or nonprofit organization operated, supervised, or controlled by a religious organization shall not be required to provide goods, services, or its facilities or grounds for the solemnization or celebration of a marriage that is in violation of its religious beliefs or faith.

(b) A religious organization or nonprofit organization operated, supervised, or controlled by a religious organization that, pursuant to this section, fails or refuses to provide goods, services, or its facilities or grounds for the solemnization or celebration of a marriage shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal. [L Sp 2013 2d, c 1, pt of §2]
Haw. Rev. Stat. § 576E-17 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-17
Medical support enforcement.
Status: in_force

(a) Where the responsible parent is ordered to provide medical insurance coverage for the dependent child, the standard notice for such medical support prescribed by Title IV-D of the Social Security Act, as amended by the agency, shall be issued. The agency shall forward a copy of the notice, by regular mail, by personal delivery, or by transmission through electronic means, to the responsible parent's employer or union when the responsible parent fails to provide written proof to the agency, within thirty days of receipt of the order, that the insurance has been obtained, that application for insurance coverage has been made, or within two business days after the date of entry of a responsible parent in a Title IV-D case in the state directory of new hires, whichever shall first occur.

(b) Upon receipt of the copy of the notice, or upon request of the responsible parent pursuant to the order, the employer or union shall transfer the notice to the appropriate plan providing health care coverage for which the child is eligible within twenty business days after the date of the notice or enroll the dependent child as a beneficiary in the group medical insurance plan and withhold any required premium from the responsible parent's income. If more than one plan is offered by the employer or union, the child shall be enrolled in the plan in which the responsible parent is enrolled or the least costly plan otherwise available to the responsible parent that is comparable to the plan in which the responsible parent is enrolled. An employer who has received a copy of the notice shall inform the agency when the employment of the responsible parent is terminated.

(c) A dependent child whom a responsible parent is required to cover as a beneficiary pursuant to this section is eligible for insurance coverage as a dependent of the responsible parent until the duty of support expires or until further court or administrative order. The insurance coverage shall not be terminated prior to the expiration of the duty of support or the entry of an order relieving the responsible parent of the duty to provide insurance coverage, unless it is determined by the agency that insurance coverage is being provided through appropriate alternative means.

(d) The signature of the custodial parent of the insured dependent child is a valid authorization to the insurer for purposes of processing an insurance reimbursement payment to the provider of medical services. When an order for dependent insurance coverage is in effect and the responsible parent's employment is terminated, or the insurance coverage is terminated, the insurer shall notify the agency within ten days of the termination date with notice of conversion privileges, if any.

(e) Notwithstanding any other law to the contrary, when an order for insurance coverage is in effect, the responsible parent's employer or union shall release to the agency, upon request, information on the dependent coverage available to the responsible parent, including the name of the insurer. The employer or union shall also provide any other information and perform all tasks as required by the notice issued pursuant to this section.

(f) Any responsible parent who fails to comply with an order requiring the maintenance of insurance coverage for the dependent child shall be liable for any medical expenses incurred by the obligee or the State after the effective date of the order.

(g) The agency may terminate the requirement for the responsible parent's employer or union to enroll the dependent child as a beneficiary in the group medical insurance plan and withhold any required premium from the responsible parent's income by sending a notice to the employer or union by regular mail, by personal delivery, or by transmission through electronic means. The notice shall be issued upon determination by the agency that the obligor no longer is required to provide medical insurance coverage or that such coverage is being provided by another employer. [L 1988, c 154, pt of §2; am L 1990, c 176, §23; am L 1997, c 293, §39; am L 2002, c 19, §1; am L 2005, c 26, §5; am L 2012, c 35, §2]
Haw. Rev. Stat. § 587A-3.1 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-3.1
Rights of children in foster care.
Status: in_force

(a) The department or an authorized agency shall ensure, whenever possible, that a child in foster care will:

(1) Live in a home, free from physical, psychological, sexual, and other abuse;

(2) Receive food, shelter, and clothing;

(3) Receive medical care, dental services, corrective vision care, and mental health services;

(4) Be enrolled in a health insurance plan and, within forty-five days of out-of-home placement, be provided with a health assessment and recommended treatment;

(5) Have regular, supervised or unsupervised, in-person, telephone, or other forms of contact with the child's parents and siblings while the child is in foster care, unless the contact is either prohibited by court order or is deemed to be unsafe by the child's child welfare services worker, therapist, guardian ad litem, or court appointed special advocate. Withholding visitation shall not be used as punishment. If the department or authorized agency denies supervised or unsupervised visits with the child's parents or siblings:

(A) If all parties, including the child, agree to the denial of the visits, the department or authorized agency shall submit a written report to the court within five working days to document the reasons why the visits are being denied; or

(B) If any party, including the child, disagrees with the denial of the visits, the department or authorized agency shall file a motion for immediate review within five working days that shall include the specific reasons why visits are being denied;

(6) Receive notice of court hearings, and if the child wishes to attend the hearings, the department or authorized agency shall ensure that the child is transported to the court hearings;

(7) Have in-person contact with the child's assigned child welfare services worker;

(8) Have the ability to exercise the child's own religious beliefs, including the refusal to attend any religious activities and services;

(9) Have a personal bank account if requested and assistance in managing the child's personal income consistent with the child's age and development, unless safety or other concerns require otherwise;

(10) Be able to participate in extracurricular, enrichment, cultural, and social activities; provided that if a child caring institution or resource caregiver authorizes the participation, the authorization shall be in accordance with the reasonable and prudent parent standard, as defined in title 42 United States Code section 675(10)(A);

(11) Beginning at age twelve, be provided with age-appropriate life skills training and a transition plan for appropriately moving out of the foster care system, which shall include reunification or other permanency, and written information concerning independent living programs, foster youth organizations, and transitional planning services that are available to all children in foster care who are twelve years of age or older and their resource families;

(12) If the child is fourteen years of age or older, have the right to be involved in developing a case plan and planning for the child's future;

(13) If the child is fourteen years of age or older, receive the child's credit report, free of charge, annually during the child's time in foster care and receive assistance with interpreting the report and resolving inaccuracies, including, when feasible, assistance from the child's guardian ad litem; and

(14) If the child is seventeen years of age, receive prior to aging out of care certain personal records, such as an official or certified copy of the child's United States birth certificate, a Social Security card issued by the Commissioner of Social Security, health insurance information, a copy of the child's medical records or information to access the child's medical records free of charge, immigration documents, and a driver's license or civil identification card issued by the State; provided that the department or authorized agency shall obtain the personal records for the child.

(b) In addition to the rights established in subsection (a), a child in foster care shall have the following rights:

(1) To be treated fairly and equally and receive care and services that are culturally responsive and free from discrimination based on race, ethnicity, color, national origin, ancestry, immigration status, gender, gender identity, gender expression, sexual orientation, religion, physical and mental disability, pregnancy or parenting status, or the fact that the child is in foster care;

(2) To meet with and speak to the presiding judge in the child's case;

(3) To have regular in-person contact with the child's court appointed guardian ad litem, court appointed special advocate, and probation officer;

(4) To ask for an attorney, if the child's opinions and requests differ from those being advocated by the guardian ad litem pursuant to section 587A-16(c)(6);

(5) To attend school and to remain in the child's school of origin unless determined not to be in the child's best interest, and to be provided cost-effective transportation to be maintained in the child's school of origin; provided that if the child changes school during a school year, the child should be enrolled immediately in the new school; and

(6) To receive educational records to the same extent as all other students.

(c) Sua sponte or upon appropriate motion, the family court may issue any necessary orders to any party, including the department, department of education, department of health, guardian ad litem, court appointed special advocate, or probation officer to ensure the child is provided with the rights enumerated in subsections (a) and (b).

(d) Nothing in this section shall establish a private cause of action for violation of any provision of this section. [L 2018, c 105, §1]
Haw. Rev. Stat. § 588-1.5 — HI Code / Division 3 / Title 31 / Chapter 588 / Section 588-1.5
Coordination function.
Status: in_force

(a) The program shall promote the sharing of information among agencies providing services to the child and family, for purposes of implementing this chapter.

(b) All agencies and their providers that have information regarding the mental, physical health, or other information relating to the best interest of the child shall share the information among the agencies working with the child unless otherwise prohibited by federal or state statute or rule. No agency shall further disclose any confidential information unless written consent expressly authorizing further disclosure is obtained from the person who is the subject thereof, or disclosure is permitted by law. [L 2001, c 219, §2]
Haw. Rev. Stat. § 571-46 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-46
Criteria and procedure in awarding custody and visitation; best interest of the child.
Status: in_force

(a) In actions for divorce, separation, annulment, separate maintenance, or any other proceeding where there is at issue a dispute as to the custody of a minor child, the court, during the pendency of the action, at the final hearing, or any time during the minority of the child, may make an order for the custody of the minor child as may seem necessary or proper. In awarding the custody, the court shall be guided by the following standards, considerations, and procedures:

(1) Custody should be awarded to either parent or to both parents according to the best interests of the child, and the court also may consider frequent, continuing, and meaningful contact of each parent with the child unless the court finds that a parent is unable to act in the best interest of the child;

(2) Custody may be awarded to persons other than the father or mother whenever the award serves the best interest of the child. Any person who has had de facto custody of the child in a stable and wholesome home and is a fit and proper person shall be entitled prima facie to an award of custody;

(3) If a child is of sufficient age and capacity to reason, so as to form an intelligent preference, the child's wishes as to custody shall be considered and be given due weight by the court;

(4) Whenever good cause appears therefor, the court may require an investigation and report concerning the care, welfare, and custody of any minor child of the parties. When so directed by the court, investigators or professional personnel attached to or assisting the court, hereinafter referred to as child custody evaluators, shall make investigations and reports that shall be made available to all interested parties and counsel before hearing, and the reports may be received in evidence if no objection is made and, if objection is made, may be received in evidence; provided the person or persons responsible for the report are available for cross-examination as to any matter that has been investigated; and provided further that the court shall define, in accordance with section 571-46.4, the requirements to be a court-appointed child custody evaluator, the standards of practice, ethics, policies, and procedures required of court-appointed child custody evaluators in the performance of their duties for all courts, and the powers of the courts over child custody evaluators to effectuate the best interests of a child in a contested custody dispute pursuant to this section. Where there is no child custody evaluator available that meets the requirements and standards, or any child custody evaluator to serve indigent parties, the court may appoint a person otherwise willing and available in accordance with section 571-46.4;

(5) The court may hear the testimony of any person or expert, produced by any party or upon the court's own motion, whose skill, insight, knowledge, or experience is such that the person's or expert's testimony is relevant to a just and reasonable determination of what is for the best physical, mental, moral, and spiritual well-being of the child whose custody is at issue;

(6) Any custody award shall be subject to modification or change whenever the best interests of the child require or justify the modification or change and, wherever practicable, the same person who made the original order shall hear the motion or petition for modification of the prior award;

(7) Reasonable visitation rights shall be awarded to parents, grandparents, siblings, and any person interested in the welfare of the child in the discretion of the court, unless it is shown that rights of visitation are detrimental to the best interests of the child;

(8) The court may appoint a guardian ad litem to represent the interests of the child and may assess the reasonable fees and expenses of the guardian ad litem as costs of the action, payable in whole or in part by either or both parties as the circumstances may justify;

(9) In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that family violence has been committed by a parent raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence. In addition to other factors that a court shall consider in a proceeding in which the custody of a child or visitation by a parent is at issue, and in which the court has made a finding of family violence by a parent:

(A) The court shall consider as the primary factor the safety and well-being of the child and of the parent who is the victim of family violence;

(B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, or assault or causing reasonable fear of physical harm, bodily injury, or assault to another person; and

(C) If a parent is absent or relocates because of an act of family violence by the other parent, the absence or relocation shall not be a factor that weighs against the parent in determining custody or visitation;

(10) A court may award visitation to a parent who has committed family violence only if the court finds that adequate provision can be made for the physical safety and psychological well-being of the child and for the safety of the parent who is a victim of family violence;

(11) In a visitation order, a court may:

(A) Order an exchange of a child to occur in a protected setting;

(B) Order visitation supervised by another person or agency;

(C) Order the perpetrator of family violence to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of the visitation;

(D) Order the perpetrator of family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for twenty-four hours preceding the visitation;

(E) Order the perpetrator of family violence to pay a fee to defray the costs of supervised visitation;

(F) Prohibit overnight visitation;

(G) Require a bond from the perpetrator of family violence for the return and safety of the child. In determining the amount of the bond, the court shall consider the financial circumstances of the perpetrator of family violence;

(H) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family violence, or other family or household member; and

(I) Order the address of the child and the victim to be kept confidential;

(12) The court may refer but shall not order an adult who is a victim of family violence to attend, either individually or with the perpetrator of the family violence, counseling relating to the victim's status or behavior as a victim as a condition of receiving custody of a child or as a condition of visitation;

(13) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation;

(14) A supervised visitation center shall provide a secure setting and specialized procedures for supervised visitation and the transfer of children for visitation and supervision by a person trained in security and the avoidance of family violence;

(15) The court may include in visitation awarded pursuant to this section visitation by electronic communication provided that the court shall additionally consider the potential for abuse or misuse of the electronic communication, including the equipment used for the communication, by the person seeking visitation or by persons who may be present during the visitation or have access to the communication or equipment; whether the person seeking visitation has previously violated a temporary restraining order or protective order; and whether adequate provision can be made for the physical safety and psychological well-being of the child and for the safety of the custodial parent;

(16) The court may set conditions for visitation by electronic communication under paragraph (15), including visitation supervised by another person or occurring in a protected setting. Visitation by electronic communication shall not be used to:

(A) Replace or substitute an award of custody or physical visitation except where:

(i) Circumstances exist that make a parent seeking visitation unable to participate in physical visitation, including military deployment; or

(ii) Physical visitation may subject the child to physical or extreme psychological harm; or

(B) Justify or support the relocation of a custodial parent; and

(17) Notwithstanding any provision to the contrary, no natural parent shall be granted custody of or visitation with a child if the natural parent has been convicted in a court of competent jurisdiction in any state of rape or sexual assault and the child was conceived as a result of that offense; provided that:

(A) A denial of custody or visitation under this paragraph shall not affect the obligation of the convicted natural parent to support the child;

(B) The court may order the convicted natural parent to pay child support;

(C) This paragraph shall not apply if subsequent to the date of conviction, the convicted natural parent and custodial natural parent cohabitate and establish a mutual custodial environment for the child; and

(D) A custodial natural parent may petition the court to grant the convicted natural parent custody and visitation denied pursuant to this paragraph, and upon such petition the court may grant custody and visitation to the convicted natural parent where it is in the best interest of the child.

(b) In determining what constitutes the best interest of the child under this section, the court shall consider, but not be limited to, the following:

(1) Any history of sexual or physical abuse of a child by a parent;

(2) Any history of neglect or emotional abuse of a child by a parent;

(3) The overall quality of the parent-child relationship;

(4) The history of caregiving or parenting by each parent prior and subsequent to a marital or other type of separation;

(5) Each parent's cooperation in developing and implementing a plan to meet the child's ongoing needs, interests, and schedule; provided that this factor shall not be considered in any case where the court has determined that family violence has been committed by a parent;

(6) The physical health needs of the child;

(7) The emotional needs of the child;

(8) The safety needs of the child;

(9) The educational needs of the child;

(10) The child's need for relationships with siblings;

(11) Each parent's actions demonstrating that they allow the child to maintain family connections through family events and activities; provided that this factor shall not be considered in any case where the court has determined that family violence has been committed by a parent;

(12) Each parent's actions demonstrating that they separate the child's needs from the parent's needs;

(13) Any evidence of past or current drug or alcohol abuse by a parent;

(14) The mental health of each parent;

(15) The areas and levels of conflict present within the family; and

(16) A parent's prior wilful misuse of the protection from abuse process under chapter 586 to gain a tactical advantage in any proceeding involving the custody determination of a minor. Such wilful misuse may be considered only if it is established by clear and convincing evidence, and if it is further found by clear and convincing evidence that in the particular family circumstance the wilful misuse tends to show that, in the future, the parent who engaged in the wilful misuse will not be able to cooperate successfully with the other parent in their shared responsibilities for the child. The court shall articulate findings of fact whenever relying upon this factor as part of its determination of the best interests of the child. For the purposes of this section, when taken alone, the voluntary dismissal of a petition for protection from abuse shall not be treated as prima facie evidence that a wilful misuse of the protection from abuse process has occurred. [L 1965, c 83, §1; Supp, §333-23.5; am L 1967, c 56, §4; HRS §571-46; am L 1980, c 52, §3; am L 1984, c 274, §1; gen ch 1985; am L 1989, c 132, §1; am L 1993, c 228, §2; am L 1996, c 198, §3; am L 1999, c 201, §1; am L 2002, c 78, §1; am L 2005, c 244, §2; am L 2008, c 114, §2 and c 149, §2; am L 2011, c 191, §2; am L 2013, c 103, §3 and c 253, §2]
Haw. Rev. Stat. § 587A-10 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-10
Relatives; foster placement.
Status: in_force

(a) The department shall provide a child's relative an application to be licensed as the child's resource family within fifteen days of the relative's request to provide foster placement for the child. The department shall issue a license only if the relative submits an application and meets the licensing standards for a child-specific license established in rules adopted by the department pursuant to chapter 91 and the child is placed with the relative. If the application is submitted and:

(1) The license is denied due to the failure of the applicant to meet the licensing standards set out in rules adopted by the department, the department shall provide the applicant with the specific reasons for the denial and an explanation of the procedures for an administrative appeal to contest the denial based on the licensing standards; or

(2) The applicant meets the licensing standards set out in rules adopted by the department, and the department does not issue a child-specific license because the child is not placed with the applicant, the applicant shall not have a right to an administrative appeal to contest the placement decision; provided that the applicant may seek judicial review by the family court with exclusive jurisdiction to review placement determinations for the child pursuant to the provisions of this chapter.

(b) The department and authorized agencies shall make reasonable efforts to identify and notify all relatives of the child within thirty days after assuming foster custody of the child. [L 2010, c 135, pt of §1; am L 2024, c 148, §1]
Haw. Rev. Stat. § 571-52.2 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-52.2
Automatic assignment by court or administrative order of future income for payment of child support.
Status: in_force

(a) Notwithstanding section 571-52, the court shall order an assignment of future income when:

(1) The court has ordered any person (hereinafter the "obligor") to make periodic payments toward the support of a child pursuant to a court or administrative order, judgment, or decree;

(2) The court or administrative order, judgment, or decree provides for an automatic assignment of the obligor's income upon the obligor's failure to timely pay any child support that the obligor is required to pay through the child support enforcement agency or directly to the obligee; and

(3) The court finds the obligor to be delinquent in payments in an amount equal to or greater than the sum of payments which would become due over a one-month period under the order, judgment, or decree providing for child support.

The order shall take effect without necessity of further action of the court, except when a hearing is requested under subsection (c).

(b) The court or the child support enforcement agency, on its own motion, may order an assignment of future income, or a portion thereof, of the obligor in an amount adequate to insure that past due payments and payments which will become due in the future under the terms of the support order will be paid.

(c) The court or the clerk of the court shall provide the obligor written notice at least fourteen days in advance of entering an automatic income assignment and inform the obligor the automatic income assignment will issue on a certain date unless the obligor files with the court or the clerk of the court a written objection to the automatic assignment and a written request for a hearing. If the obligor files the written objection and the written request, the court or the clerk of the court shall not issue the automatic assignment of future income until a hearing is held and the matter resolved. The court shall establish and implement other notice procedures as may be necessary to adequately protect the obligor's right to procedural due process.

(d) The order for automatic assignment 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. The 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.

The assignment shall continue 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 assignment shall be applied to satisfy all past due support owed. The assignment shall be terminated when appropriate by the court, the clerk of the court, or the child support enforcement agency; provided that payment of all overdue support shall not be the sole basis for terminating the assignment. 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. In the event that the obligee retains private counsel or proceeds pro se, the obligee shall have primary responsibility for terminating the assignment.

If the obligee fails to terminate the assignment when appropriate, the obligee shall reimburse the obligor to the extent of any overpayment. If the assignment is not terminated when appropriate, the obligor may seek reimbursement for any overpayment from the obligee or from the child support enforcement agency, to the extent the overpayment was disbursed to the department of human services.

The child support enforcement agency shall establish procedures by rule in accordance with chapter 91 for the prompt reimbursement for any overpayment to the obligor.

(e) An employer receiving an assignment order shall send the amounts withheld to this State's child support enforcement agency within five working days after the obligor is paid. The employer shall begin withholding no later than the first pay period occurring within seven business days following the date a copy of the order 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, except that when an employer receives an income withholding order issued by another state, the employer shall send the amounts withheld to that state's agency administering a program under Title IV-D of the Social Security Act and 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 assignment 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 assignment order 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 obligor may remit a sum total of the amounts in one check, with a listing of the amounts applicable to each obligor.

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

(f) For each payment made pursuant to an assignment order, the person making such payment may deduct and retain as an administrative fee the additional amount of $2 from the income owed to the obligor. 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 assignment made pursuant to an assignment order shall have priority as against any garnishment, attachment, execution, or other assignment order, or any other order 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.

For purposes of this section, 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, and the fact that the obligor may have subsequently paid such delinquencies shall not relieve the court or the child support enforcement agency of its duty under this subsection to order the assignment.

(g) It shall be unlawful for any employer to fail to comply with the requirements of this section. In addition, an employer who fails to comply with an order of assignment of future income, as provided for under this section, shall be liable to the obligee or the obligee's assignee for whom support was required to be paid, for the full amount of all sums ordered to be withheld and transmitted and not otherwise done so, and may be subject to a fine not to exceed $250 as determined by the court.

(h) The only basis for contesting a withholding under this section is a mistake of fact, which, for purposes of this section, means an error in the amount of current or overdue support or in the identity of the alleged absent parent.

(i) In contested cases, the State shall notify the obligor, within forty-five days, as to whether the withholding of the obligor's income will occur.

(j) Obligors may request withholding of their income prior to the entry of an order for the repayment of a delinquency.

(k) Notice of automatic income assignment after a one-month delinquency shall be included in every child support order entered hereafter in the State.

(l) If there is more than one obligee, the amounts withheld from the income of an obligor shall be allocated among the obligees. The allocation may be based on each obligee's proportionate share of the amount of the withholding orders that were served on the employer of the obligor. In no case shall the allocation result in a withholding for one of the support obligations not being implemented.

(m) The provisions of section 571-52(d) and (e) shall apply to all orders for automatic assignments issued under this section.

(n) Notwithstanding any other provision of law, for 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 other political subdivision thereof, or from any retirement, disability, or annuity system established by any of them pursuant to statute.

The term "employer", as used in this section 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. [L 1984, c 207, §3; am L 1985, c 176, §2; am L 1986, c 332, §13; am L 1987, c 161, §2; am L 1990, c 152, §1 and c 176, §2; am L 1992, c 212, §1; am L 1995, c 125, §§1 to 3; am L 1996, c 25, §1; am L 1997, c 293, §§22, 23; am L 2000, c 194, §2; am L 2001, c 55, §27; am L 2006, c 34, §1; am L 2009, c 115, §1; am L 2019, c 67, §1]
Haw. Rev. Stat. § 571-22.5 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-22.5
Appeal of waiver of jurisdiction.
Status: in_force

An order waiving jurisdiction shall not be appealable as a final order, but may only be appealable in conjunction with an appeal of all other issues after a trial on the charge against such minor or adult.
Haw. Rev. Stat. § 577E-6 — HI Code / Division 3 / Title 31 / Chapter 577E / Section 577E-6
Exemption from administrative supervision of boards and commissions.
Status: in_force

Notwithstanding any law to the contrary, the commission shall be exempt from section 26-35 with the exception of section [26-35(a)(2), (3), (7), and (8)].
Haw. Rev. Stat. § 587A-3.5 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-3.5
[ §587A-3.
Status: in_force

[ §587A-3.5] Authority to conduct criminal history record checks without consent. When an assessment is required pursuant to this chapter, the department may conduct criminal history record checks, without consent, of an alleged perpetrator of harm or threat of harm and all adult household members to ensure the safety of the child.
Haw. Rev. Stat. § 576B-203 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-203
Initiating and responding tribunal of State.
Status: in_force

Under this chapter, a tribunal of this State may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.
Haw. Rev. Stat. § 583A-202 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-202
Exclusive, continuing jurisdiction.
Status: in_force

(a) Except as otherwise provided in section 583A-204, a court of this State which has made a child-custody determination consistent with section 583A-201 or 583A-203 has exclusive, continuing jurisdiction over the determination until:

(1) A court of this State determines that the child, the child's parents, and any person acting as a parent do not have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child's care, protection, training, and personal relationships; or

(2) A court of this State or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this State.

(b) A court of this State which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 583A-201. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 583A-103 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-103
Proceedings governed by other law.
Status: in_force

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Haw. Rev. Stat. § 571-6 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-6
Appointment and duties of employees.
Status: in_force

(a) For each family court, the judge, or the senior judge when there is more than one judge, shall appoint a chief administrative and executive officer who shall have the title of director of the family court. Under the general supervision of the senior judge or the judge, the director shall:

(1) Prepare an annual budget for the court;

(2) Formulate procedures governing the routine administration of court services;

(3) Make recommendations to the court for improvement in court services;

(4) Make recommendations to the senior judge or the judge for the appointment of administrative, supervisory, consultant, and necessary professional and clerical and other personnel to perform the duties assigned to the court and the director;

(5) Provide supervision and consultation to the administrative and supervisory staff regarding the administration of court services, recruitment of personnel, in-service training, and fiscal and office management; and

(6) Perform other duties as the senior judge or the judge shall specify.

(b) For each family court the judge or senior judge where there is more than one shall appoint necessary probation officers, social workers, and marital counselors and may appoint, or make arrangements for the services of physicians, psychologists, psychiatrists, and other professionally competent persons, to carry on the work of the court.

(c) Pursuant to subsection (a)(5), the deputy chief court administrator shall require each probation officer to complete training annually on juvenile justice or probation supervision best practices; provided that funding is available. The form and length of the training shall be determined by the deputy chief court administrator, or a designee, and at the discretion of the several deputy chief court administrators, training may be conducted jointly between judicial circuits, as defined in section 603-1. [L 1965, c 232, pt of §1; Supp, §333-6; HRS §571-6; am L 2002, c 7, §1; am L 2014, c 201, §8]
Haw. Rev. Stat. § 571-89 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-89
Family court; annual report.
Status: in_force

Each deputy chief court administrator, or the administrator's designee, shall submit an annual report to the board of family court judges and the Hawaii juvenile justice state advisory council that includes:

(1) The number and per cent of cases ordered to administrative monitoring status;

(2) The number and per cent of cases ordered to administrative monitoring status that were subsequently closed without a protective supervision or probation term;

(3) The number and per cent of youth disposed to a probation term, and the outcome of the probation terms;

(4) The number and per cent of cases committed to a Hawaii youth correctional facility; the underlying offense or type of probation violation or revocation precipitating commitment; and the age, race, and gender of the child; and

(5) The number and per cent of cases returned to court supervision on a maintained probation term following a release from a Hawaii youth correctional facility. [L 2014, c 201, pt of §3]
Haw. Rev. Stat. § 580-49 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-49
Support of insane spouse after divorce.
Status: in_force

In every action for divorce where a decree is granted to the plaintiff and the defendant is insane at the time of the decree, the court may, at any time after entering the decree, revise and alter the same so far as the support and maintenance of the insane person is concerned, and may provide for such maintenance by the plaintiff out of any property or earnings acquired by the plaintiff subsequently, as well as previously, to the decree of divorce. The court making the order for maintenance, may, in its discretion, require the plaintiff to give security to the satisfaction of the court for the faithful execution of the same.
Haw. Rev. Stat. § 586-24 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-24
Enforcement of foreign protective orders.
Status: in_force

(a) A law enforcement officer shall enforce a foreign protective order that appears to be authentic on its face. For purposes of this section, "authentic on its face" means the protective order contains the names of both parties and remains in effect.

(b) If a paper copy of the order is unavailable and the officer verifies the existence and status of the order through a national or state centralized registry for protective orders or through communication with appropriate authorities in the issuing state, tribe, or territory, the officer shall enforce the order.

(c) A law enforcement officer shall make an arrest for a violation of a foreign protective order in the same manner as for violations of protective orders issued in this State. [L 2000, c 186, pt of §7]
Haw. Rev. Stat. § 571-63 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-63
Findings and judgment.
Status: in_force

No judgment of termination of parental rights entered under sections 571-61 to 571-63 shall be valid or binding unless it contains a finding that the facts upon which the petition is based bring the child within such sections and have been proved by the evidence and that the adjudication of termination of parental rights is necessary for the protection and preservation of the best interests of the child concerned and will facilitate the legal adoption of the child.

In any judgment entered pursuant to sections 571-61 to 571-63 the court may terminate the parental rights of one or both of the parents of the child concerned, may transfer the care, custody and control of the child to any proper person not forbidden by law to place a child for adoption or to the department of human services or to any child-placing organization approved by the department, may appoint a guardian of the child, and may authorize the person or the department or the agency or the guardian to consent to the legal adoption of the child.

No judgment of termination of parental rights entered under sections 571-61 to 571-63 shall operate to terminate the mutual rights of inheritance of the child and the parent or parents involved, or to terminate the legal duties and liabilities of the parent or parents, unless and until the child has been legally adopted.

Every such judgment of termination of parental rights when the procedural provisions of sections 571-61 to 571-63 have been followed shall become final and binding upon all of the parties concerned as of the date of its entry and filing, subject to the right of appeal. No such judgment shall be set aside for reasons other than the best interests and welfare of the child concerned, after the entry of a decree of adoption of the child concerned or during any period when the child is in an adoptive home in which the child has been placed by the department of human services or by a child-placing organization approved by the department or by any person not forbidden by law to place a child for adoption. When any such child is placed for adoption, a sworn certificate evidencing the placement shall be filed in the termination proceeding by the agency or person making the placement. Upon the entry of a final decree of adoption of any such child, a certified copy of the decree shall be filed in the termination proceeding and notification of the entry of the decree, without disclosing the identity of the adopting parents, shall, unless waived by the court, be given to each person whose parental rights have been terminated by registered or certified mail addressed to the last known address of each such person; provided that at any time following the expiration of one year from the date of the entry of any such judgment of termination of parental rights, upon the motion of the parent or parents of the child or the department of human services or any child-placing organization approved by the department or any other proper person, based upon the fact that the child has not been adopted or placed in a prospective adoptive home, the court in which the judgment was entered shall review the same and shall consider the currently reported circumstances of the child and of the parent or parents and shall enter its findings as to whether the circumstances, and the present best interests of the child, justify the continuance of the judgment. Upon such reconsideration, the court may either set aside the judgment or continue it in effect, as the circumstances may warrant. Upon the entry in the termination proceeding of a certified copy of the final decree of adoption of any such child and notification thereof to the person whose parental rights have been terminated, unless waived as herein provided, or upon the dismissal or discontinuance or other final disposition of the petition in the termination proceeding the clerk of the court shall seal all records in the termination proceeding and the seal shall not be broken and the records shall not be inspected by any person, including the parties to the termination proceeding, except upon order of the court. [L 1965, c 232, pt of §1; Supp, §333-31; HRS §571-63; am L 1970, c 105, §5; am L 1973, c 211, §1(i); am L 1976, c 85, §15; am L 1987, c 339, §4; am L 2004, c 161, §36]
Haw. Rev. Stat. § 587A-43 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-43
Child protective review panel.
Status: in_force

(a) The department shall establish a child protective review panel to review each case of child abuse or neglect that leads to near fatality or death as a result of acts or omissions of the child's legal caretaker. Based upon its review, the panel shall submit a report of its findings and recommendations to the director of the department. The department shall appoint members of the child protective review panel, who may include:

(1) Any physician treating the child for abuse;

(2) Any child protective services worker assigned to the case and the worker's supervisor;

(3) The guardian ad litem for the child, appointed under section 587A-16, if applicable;

(4) The members of the child's multidisciplinary team or a child protective services consultant; and

(5) Other child protective services workers and supervisors.

(b) Members of the child protective review panel shall serve without compensation and shall not be reimbursed for costs; provided that state employees serving within the scope of their employment shall receive compensation and reimbursement as provided by law or by collective bargaining.

(c) Members of the child protective review panel shall be immune from any liability for injuries and damages arising from the panel's report under subsection (a).

(d) This section shall not be construed as interfering with any authority of the department or the courts to remove, to place, or to order any disposition on custody of an abused child under this chapter. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 571-52.7 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-52.7
Award of costs and reasonable attorneys' fees.
Status: in_force

Whenever a party files a motion seeking to enforce a child support order, the court may award the prevailing party the party's costs and reasonable attorneys' fees incurred, except as this chapter otherwise provides. The award shall be made only when the prevailing party was represented by an attorney.
Haw. Rev. Stat. § 580-53 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-53
§§580-53, 580-54 REPEALED.
Status: repealed

§§580-53, 580-54 REPEALED. L 1972, c 11, §§9, 10.
Haw. Rev. Stat. § 572B-7 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-7
Persons under control of conservator or guardian.
Status: in_force

(a) No civil union license may be issued to any applicant under the supervision or control of a conservator or guardian, appointed in accordance with chapter 560, unless the written consent of the conservator or guardian is signed, notarized, and filed with the agent.

(b) Any person who enters into a civil union without the consent provided for in subsection (a) shall acquire no rights by that civil union in the property of any person who was under the control or supervision of a conservator or guardian at the time the civil union was entered into. [L 2011, c 1, pt of §2]
Haw. Rev. Stat. § 582-5 — HI Code / Division 3 / Title 31 / Chapter 582 / Section 582-5
Fees.
Status: in_force

Any judge of the State who appoints counsel or guardian ad litem pursuant to the compact may, in the judge's discretion, fix a fee to be paid out of funds available for disposition by the court but no such fee shall exceed the sum of $75.
Haw. Rev. Stat. § 587A-18 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-18
Reports to be submitted by the department and authorized agencies.
Status: in_force

(a) Unless otherwise ordered by the court, the department or other authorized agencies shall file written reports with the court:

(1) Concurrent with the filing of a petition invoking the jurisdiction of the court under this chapter; and

(2) No less than fifteen days before a scheduled return hearing, periodic review hearing, permanency hearing, or termination of parental rights hearing; provided that additional information may be submitted to the court up to the date of the hearing; provided that the department or other authorized agencies make a good cause showing that such additional information was not available to the department or other authorized agency before the fifteen day deadline.

(b) The reports shall include:

(1) An assessment of each safe family home factor and the family's progress with recommended or court-ordered services;

(2) A recommended service plan or permanent plan that references the pertinent safe family home factors; and

(3) A recommendation documenting the basis for any other orders, including protective orders.

(c) The department or other authorized agencies shall submit to the court each report, in its entirety, pertaining to the child or the child's family that has been prepared by a child protective services multidisciplinary team or consultant.

(d) A written report submitted pursuant to this section shall be admissible and relied upon to the extent of its probative value in any proceeding under this chapter, subject to the right of any party to examine or cross-examine the preparer of the report. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 572-5 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-5
Marriage license; agent to grant; fee.
Status: in_force

(a) The department of health shall appoint, and at its pleasure remove, one or more suitable persons as agents authorized to grant marriage licenses under this chapter in each judicial circuit. The agents may issue licenses from any state facility when deemed necessary by the director. Any agent appointed under this subsection and receiving an application for a marriage license shall collect from the applicant for the license $60, of which the agent, except those provided for in subsection (b), shall retain $9 for the agent's benefit and compensation and shall remit $51 to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:

(1) $32 for each license issued to the credit of the general fund of the State;

(2) $4.50 for each license issued to the credit of the spouse and child abuse special fund established under section 346-7.5;

(3) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; and

(4) $10 for each license issued to the credit of the vital statistics improvement special fund established under section 338-14.6.

(b) The department may appoint, as regular employees under the civil service and classification laws, the number of suitable persons as agents authorized to grant marriage licenses for whom provision has been made in the general appropriation act. In the case of these agents, the full amount collected from applicants shall be remitted to the director of health. Upon the receipt of remittances under this subsection, the director of health shall deposit:

(1) $41 for each license issued to the credit of the general fund of the State;

(2) $4.50 for each license issued to the credit of the spouse and child abuse special fund established under section 346-7.5;

(3) $4.50 for each license issued to the credit of the spouse and child abuse special account established under section 601-3.6; and

(4) $10 for each license issued to the credit of the vital statistics improvement special fund established under section 338-14.6.

(c) Every agent appointed under this section may administer the oaths required by this chapter to be taken.

(d) The department or its authorized agents shall furnish to each applicant for a marriage license a brochure explaining rubella, the risks of infection with rubella during pregnancy, and how to seek testing and immunization. The department or its authorized agents shall also furnish to each applicant for a marriage license information, to be provided by the department, relating to population stabilization, family planning, birth control, fetal alcohol and drug syndromes, and acquired immune deficiency syndrome (AIDS), including the availability of anonymous testing for human immunodeficiency virus (HIV) infection at alternate test sites; provided that such information is available.

(e) In addition to the fee prescribed under subsection (a), the agent, except those provided for in subsection (b), shall collect from the applicant for the license a surcharge of $5, of which the agent shall retain the full amount for the agent's additional benefit and compensation. [PC 1869, c 55, §14; am L 1905, c 11, §1; am L 1917, c 189, §1; am L 1921, c 121, §1; RL 1925, §2946; am L 1929, c 104, §2; am L 1932 2d, c 34, §1; RL 1935, §4634; am L 1937, c 122, §7; RL 1945, §12355; am L 1947, c 21, §1; am L 1953, c 87, §1; am L 1955, c 149, §1; RL 1955, §323-5; am L Sp 1959 2d, c 1, §§14, 19; am L 1963, c 114, §1; HRS §572-5; am L 1969, c 33, §1; am L 1971, c 89, §1; am L 1976, c 138, §1; am L 1977, c 24, §1; gen ch 1985; am L 1987, c 98, §1; am L 1989, c 364, §1; am L 1994, c 232, §6; am L 1995, c 153, §2; am L 1998, c 311, §8; am L 2002, c 252, §3; am L 2005, c 223, §4; am L 2019, c 84, §5; am L 2025, c 148, §3]
Haw. Rev. Stat. § 586-5.8 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-5.8
Transfer or release of domestic abuse victims from shared wireless plans.
Status: in_force

(a) The court may issue an order requiring a wireless telecommunications service provider, without charge, penalty, or fee, to:

(1) Transfer the billing authority and all rights to the wireless telephone number or numbers of a shared wireless plan to a petitioner who has been granted an order for protection pursuant to this chapter if the petitioner is not the account holder of the shared wireless plan; provided that if the petitioner is not the protected party named in the order for protection, the billing authority and rights to the wireless telephone number or numbers of a shared wireless plan may be transferred to another person who shall serve as the account holder, as requested by or on behalf of the protected party with the protected party's approval; or

(2) Remove or release the petitioner from a shared wireless plan and assign a substitute telephone number or numbers; provided that if the petitioner is not the protected party named in the order for protection, the court may order that the protected party be removed or released from a shared wireless plan and assigned a substitute telephone number or numbers and order a person, as requested by or on behalf of the protected party with the protected party's approval, to be the account holder for the substitute telephone number or numbers.

(b) The order issued pursuant to subsection (a) shall be a separate order that is directed to the wireless telecommunications service provider. The order shall list the name and billing telephone number of the account holder, the name of the person to whom the telephone number or numbers will be transferred, and each telephone number to be transferred.

(c) A cause of action shall not lie against any wireless telecommunications service provider, its officers, employees, or agents for the actions taken that are related to the transfer of the billing authority and rights to the wireless telephone number or numbers in accordance with the terms of a court order issued pursuant to this section.

(d) For purposes of this section:

"Wireless telecommunications service" shall have the same meaning as "commercial mobile radio service" as defined in title 47 Code of Federal Regulations section 20.3.

"Wireless telecommunications service provider" means a provider of wireless telecommunications service. [L 2015, c 219, §3; am L 2016, c 9, §2]
Haw. Rev. Stat. § 571-31.6 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-31.6
Informal adjustment, minor who may be both law violator and status offender.
Status: in_force

When a child is reasonably believed to come within section 571-11(1) and (2), the intake officer may exercise discretion to process informal adjustment under section 571-31.4. In making that determination, the officer shall be guided by the criteria set out in section 571-31.1(c)(1) to (5) and the criteria in the framework established pursuant to section 571-31.4(b), taking into account the availability of suitable method, program, or procedure for the child.
Haw. Rev. Stat. § 586-22 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-22
Valid protective order.
Status: in_force

(a) A protective order issued by another state, tribe, or territory shall be considered valid if:

(1) The issuing court or tribunal had jurisdiction over the parties and matter under the laws of the state, tribe, or territory; and

(2) The respondent received notice and an opportunity to be heard before the foreign protective order was issued; provided that, in the case of an ex parte order, notice and opportunity to be heard were provided within a reasonable period of time, sufficient to protect the respondent's right to due process.

(b) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of an out-of-state protective order. [L 2000, c 186, pt of §7]
Haw. Rev. Stat. § 578-12 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-12
Setting aside or modifying decree.
Status: in_force

At any time within one year from the date of entry of any decree of adoption, the court may, for good cause, set aside or modify the decree and, in connection therewith, may make appropriate orders, concerning the custody of the minor child and the disposition and handling of the record of adoption by the department of health. The setting aside or modification of any decree of adoption shall not affect any property rights which have become vested between the date of the entry of the decree or the effective date of the decree and the effective date of any order setting aside or modifying the decree of adoption.

No decree of adoption shall be subject to attack in any collateral proceeding, and, after the expiration of one year from the date of its entry, no decree of adoption shall be subject to direct attack upon any ground other than fraud rendering the decree void as of the time of its entry. [RL 1945, pt of §12276; am L 1945, c 40, pt of §1; am L 1947, c 47, §2; am L 1953, c 115, pt of §1; RL 1955, §331-12; am L Sp 1959 2d, c 1, §19; HRS §578-12; am L 1973, c 211, §3(j)]
Haw. Rev. Stat. § 583A-311 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-311
Warrant to take physical custody of child.
Status: in_force

(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this State.

(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this State, it may issue a warrant to take physical custody of the child. The petition shall be heard on the first judicial day possible. The application for the warrant must include the statements required by section 583A-308(b).

(c) A warrant to take physical custody of a child must:

(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(2) Direct law enforcement officers to take physical custody of the child immediately; and

(3) Provide for the placement of the child pending final relief.

(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.

(e) A warrant to take physical custody of a child is enforceable throughout this State. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 576B-207 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-207
Determination of controlling child support order.
Status: in_force

(a) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and shall be recognized.

(b) If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of this State, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this State having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order shall control and be recognized:

(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls.

(2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter:

(A) An order issued by a tribunal in the current home state of the child controls; or

(B) If an order has not been issued in the current home state of the child, the order most recently issued controls.

(3) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this State shall issue a child support order, which controls.

(c) If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this State having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification pursuant to Article 6, or may be filed as a separate proceeding.

(d) A request to determine which is the controlling order shall be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

For the purposes of this subsection, service of the notice shall be by personal service or certified mail, return receipt requested. After initial service is effected, additional service upon a party shall be satisfied by regular mail to the party's last known address. In any child support enforcement proceedings subsequent to an order, upon a showing that diligent effort has been made to ascertain the location of a party, notice of service of process shall be presumed to be satisfied upon delivery of written notice to the most recent residential or employer address on file with the state case registry.

(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in section 576B-205 or 576B-206.

(f) A tribunal of this State that determines by order which is the controlling order under subsection (b)(1) or (2) or (c), or that issues a new controlling order under subsection (b)(3), shall state in that order:

(1) The basis upon which the tribunal made its determination;

(2) The amount of prospective support, if any; and

(3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by section 576B-209.

(g) Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

(h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter. [L 1997, c 295, pt of §1; am L 1998, c 270, §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 578-1 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-1
Who may adopt; jurisdiction; venue.
Status: in_force

Any unmarried adult person, person married to the legal birthing parent or non-birthing parent of a minor child, or married couple jointly may petition the family court of the circuit in which the person or persons reside or are in military service, in which the individual to be adopted resides or was born, or in which a child placing organization approved by the department of human services under the provisions of section 346-17 having legal custody (as defined in section 571-2) of the child is located for leave to adopt an individual toward whom the person or persons do not sustain the legal relationship of parent and child and for a change of the name of the individual. When adoption is the goal of a permanent plan recommended by the department of human services and ordered pursuant to section 587A-31, the department may petition for adoption on behalf of the proposed adoptive parents. The petition shall be in a form and shall include information and exhibits as may be prescribed by the family court. [RL 1945, pt of §12271; am L 1947, c 47, §1; am L 1953, c 115, pt of §1; RL 1955, §331-1; am imp L 1965, c 232, §1; HRS §578-1; am L 1969, c 183, §2; am L 1973, c 211, §3(a); am L 1976, c 194, §1(1); am L 1992, c 190, §3; am L 2010, c 135, §4; am L 2023, c 160, §3 and c 161, §3]
Haw. Rev. Stat. § 587A-42 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-42
Educational, medical, dental, and recreational needs.
Status: in_force

Upon the first day of placement, a child's resource family shall have the authority, for the child placed in the resource family's care:

(1) To consent to routine educational and recreational needs and activities, except for purposes regulated under title 8, chapters 60 and 61, of the Hawaii administrative rules, or successor rules; and

(2) To seek and obtain ordinary medical and dental care, immunizations, and well-baby and well-child medical services. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 587A-22 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-22
Unavailability of specified privileges.
Status: in_force

The following privileges shall not be available to exclude evidence of imminent harm, harm, or threatened harm in any proceeding under this chapter:

(1) The physician-patient privilege;

(2) The psychologist-client privilege;

(3) The spousal privilege; and

(4) The victim-counselor privilege. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 572-12.1 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-12.1
Refusal to solemnize a marriage.
Status: in_force

(a) 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 pursuant to this chapter shall not be required to solemnize any marriage that is in violation of their religious beliefs or faith.

(b) 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 marriage shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal. [L Sp 2013 2d, c 1, pt of §2]
Haw. Rev. Stat. § 583A-205 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-205
Notice; opportunity to be heard; joinder.
Status: in_force

(a) Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 583A-108 must be given to all persons entitled to notice under the law of this State as in child-custody proceedings between residents of this State, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

(b) This chapter does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard.

(c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this chapter are governed by the law of this State as in child-custody proceedings between residents of this State. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 586-23 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-23
Filing of foreign protective order.
Status: in_force

[§586-23 Filing of foreign protective order.] A certified copy of a foreign protective order, accompanied by a sworn affidavit that the order remains in effect and has not been vacated or modified, may be filed with the court; provided that no filing fee shall be required. Filing of a foreign protective order with the court shall not be required for enforcement of the foreign protective order in this State.
Haw. Rev. Stat. § 577-13 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-13
REPEALED.
Status: in_force

L 1973, c 211, §2(d).
Haw. Rev. Stat. § 577-25 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-25
Emancipation of certain minors.
Status: in_force

(a) Any law to the contrary notwithstanding, a minor shall be deemed to be emancipated if the minor has:

(1) Entered into a valid marriage pursuant to chapter 572; or

(2) Received a declaration of emancipation issued by the family court pursuant to this section.

(b) An emancipated minor shall be considered to have the rights and responsibilities of an adult; provided that nothing in this section shall:

(1) Be deemed to confer upon an emancipated minor the right to vote in any federal, state, or county election, or the right to purchase, possess, consume, or sell alcoholic beverages, tobacco products, or electronic smoking devices;

(2) Prevent the petitioning minor from continuing to receive educational, mental health, or other services the minor is receiving solely due to the minor's age; or

(3) Change the status of the emancipated minor to be deemed a minor in connection with any criminal law or affect the exclusive original jurisdiction of the family court over such persons under sections 571-11(1) and (12).

(c) A minor shall be considered emancipated for the purposes of, but not limited to the right to:

(1) Enter into enforceable contracts, including apartment leases;

(2) Sue or be sued in the minor's own name;

(3) Retain the minor's personal earnings;

(4) Establish a separate domicile;

(5) Act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including property transactions and obtaining accounts for utilities, except for estate or property matters that a court determines may require a conservator or guardian ad litem;

(6) Earn a living, subject only to the health and safety regulations designed to protect individuals under the age of majority regardless of their legal status;

(7) File the minor's own tax returns and pay taxes pursuant to applicable personal income tax laws;

(8) Authorize the minor's own preventive health care, medical care, dental care, mental health care, and substance abuse treatment without knowledge or liability of the minor's parents or guardian;

(9) Apply for a driver's license or other state licenses for which the minor may be eligible;

(10) Register for school;

(11) Marry;

(12) Apply to medical and other public assistance programs administered by the State or its political subdivisions;

(13) If the minor is a parent, make decisions and give authority in caring for the minor's child; and

(14) Execute a will and other estate planning documents, including trust documents, durable power of attorney, and an advance health care directive.

(d) A minor who has reached the age of sixteen years who seeks to be emancipated may file a petition for a declaration of emancipation with the family court in the circuit in which the minor resides. The petition shall be filed on behalf of the minor seeking emancipation by any state agency or an attorney of the minor, and a parent or guardian of a minor shall not, in their individual capacity or as a representative or agent of the minor, petition for emancipation of the minor.

(e) The petition for a declaration of emancipation shall be signed and verified by the petitioning minor, and shall include:

(1) The minor's full name and birth date;

(2) A certified copy of the minor's birth certificate, if available;

(3) The name and last known address of the minor's parents or guardian;

(4) The minor's present address and duration of the minor's residency at that address;

(5) A declaration by the minor attesting that:

(A) The minor resides separately and apart from the minor's parents or guardian at the minor's own will;

(B) The minor is managing or has the ability to manage the minor's financial affairs, including supporting documentation of the minor's income and expenses;

(C) The minor is managing or has the ability to manage the minor's personal and social affairs, including supporting documentation on proof of housing; and

(D) The source of the minor's income is not derived from any activity in violation of any laws of the State or the United States; and

(6) Any other information deemed necessary by the court.

The judiciary shall prepare and make available to the public forms that may be used for emancipation proceedings.

(f) Upon receipt of the petition, the court shall:

(1) Set a date for hearing on the petition as soon as practicable;

(2) Issue a summons requiring the appearance of the minor's parents or guardian and any other person deemed necessary by the court unless the parents or guardian and the person deemed necessary by the court promise in writing to appear voluntarily; and

(3) Appoint a guardian ad litem to represent the interest of the minor throughout the pendency of the minor's emancipation proceedings.

Nothing in this subsection shall be construed to prevent the petitioning minor from obtaining the minor's own legal counsel to represent the minor in the emancipation proceeding.

(g) The fees and costs of a guardian ad litem appointed pursuant to subsection (f) may be paid for by the court, unless the minor or the minor's parents or guardian have sufficient funds.

(h) Proceedings for a petition for declaration of emancipation shall be heard by the court separately from hearings of adult cases and without a jury. The court shall grant the petition and issue a declaration of emancipation if it finds clear and convincing evidence that:

(1) The minor is at least sixteen years of age;

(2) The minor is a resident of the State;

(3) The minor resides separately and apart from the minor's parents or guardian at the minor's own will, with or without the parents' or guardian's consent, and in absence of undue influence or coercion by a third party;

(4) The minor is managing or has the ability to manage the minor's financial affairs;

(5) The minor is managing or has the ability to manage the minors' personal and social affairs;

(6) The source of the minor's income is not derived from any activity in violation of any laws of the State or the United States;

(7) The minor understands the minor's rights and responsibilities as an emancipated minor in the State, and has been given the time and opportunity to consider alternatives to emancipation, if any, before conclusion of the hearing;

(8) The minor is not seeking emancipation under duress, including by coercion of a parent, guardian, or any other third party; and

(9) Emancipation is in the best interest of the minor.

A declaration of emancipation issued by the court shall be conclusive evidence that the minor is emancipated and shall terminate the rights of the minor's parents to the custody, control, services, and earnings of the minor.

(i) A declaration of emancipation obtained by fraud or by the withholding of material information shall be voidable. A petition to void a declaration of emancipation on the ground that the declaration was obtained by fraud or by the withholding of material information may be filed by any person with the family court that issued the declaration of emancipation.

(j) A declaration of emancipation of a minor who has subsequently become indigent with no means of support shall be subject to rescission. A petition to rescind a declaration of emancipation on the ground that the minor has become indigent may be filed by:

(1) The minor declared emancipated;

(2) The minor's parents or former guardian; or

(3) The corporation counsel or county attorney of the county in which the minor resides,

with a family court in the circuit in which the minor or the parents or former guardian resides.

(k) Upon filing of a petition to void or rescind a declaration of emancipation pursuant to subsection (i) or (j), the court shall:

(1) Set a date for hearing on the petition as soon as practicable; and

(2) Issue a summons requiring the appearance of the minor if the minor is not the petitioner, the minor's parents or former guardian, and any other person deemed necessary by the court unless the minor, the minor's parents or former guardian, and the person deemed necessary by the court promise in writing to appear voluntarily. Summons issued to the parents or former guardian of the minor shall be accompanied by a statement that they may be liable to provide support to the minor, including provision of medical insurance coverage, if the declaration of emancipation is voided or rescinded. Liability shall not accrue to a parent or guardian of a minor whose emancipation has been voided or rescinded until the parent or guardian has actual notice of the voidance or rescission.

(l) Proceedings for a petition to void or rescind a declaration of emancipation shall be heard by the court separately from hearings of adult cases and without a jury. The court shall grant the petition and issue an order:

(1) Voiding the declaration of emancipation if the court finds clear and convincing evidence that the declaration was obtained by fraud or by the withholding of material information; or

(2) Rescinding the declaration of emancipation if the court finds clear and convincing evidence that the rescission of the declaration of emancipation will be in the best interest of the minor.

The voiding or rescission of a declaration of emancipation shall not alter any contractual obligation or right or any property right or interest that arose during the period that the declaration was in effect.

(m) Service of summons issued pursuant to this section shall be made personally by the delivery of a copy thereof, together with a copy of the relevant petition, to the person summoned; provided that if a judge determines that personal service of the summons 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 no 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 the service and the notice.

Service of summons, process, or any notice required by this section 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.

(n) Notwithstanding any other law to the contrary, and except as otherwise provided in this section, the court shall order reasonable fees for counsel, experts, and other costs of services required in relation to a petition for declaration of emancipation, including reasonable fees for service of process of the petition, summons, and notice of hearing, to be paid by the minor's parents or guardian, regardless of whether the fees were incurred by the minor or other parties or ordered by the court.

(o) The petitioner or any other person admitted as party to a petition hearing concerning emancipation of a minor pursuant to this section may file an appeal from the court's issuance of or denial of a declaration of emancipation, an order voiding a declaration of emancipation, or an order rescinding a declaration of emancipation pursuant to section 571-54.

(p) As used in this section:

"Emancipation" means termination of the rights of the parents of a minor to the custody, control, services, and earnings of a minor.

"Guardian" means a person appointed or qualified by a court as a guardian of an individual and includes a limited guardian, but excludes a person who is merely a guardian ad litem.

"Minor" means a person under the age of majority. [L 1976, c 164, §1; am L 2023, c 79, §2]
Haw. Rev. Stat. § 576D-7 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-7
Guidelines in establishing amount of child support.
Status: in_force

(a) The family court, in consultation with the agency, shall establish guidelines to establish the amount of child support when an order for support is sought or being modified under this chapter. The guidelines shall be based on specific descriptive and numeric criteria and result in a computation of the support obligation.

The guidelines may include consideration of the following:

(1) All earnings, income, and resources of both parents; provided that earnings be the net amount, after deductions for taxes, and social security. Overtime and cost of living allowance may be deducted where appropriate;

(2) The earning potential, reasonable necessities, and borrowing capacity of both parents;

(3) The needs of the child for whom support is sought;

(4) The amount of public assistance which would be paid for the child under the full standard of need as established by the department;

(5) The existence of other dependents of the obligor parent;

(6) To foster incentives for both parents to work;

(7) To balance the standard of living of both parents and child and avoid placing any below the poverty level whenever possible;

(8) To avoid extreme and inequitable changes in either parent's income depending on custody; and

(9) If any obligee parent (with a school age child or children in school), who is mentally and physically able to work, remains at home and does not work, thirty (or less) hours of weekly earnings at the minimum wage may be imputed to that parent's income.

(b) The guidelines shall be:

(1) Applied statewide;

(2) To simplify the calculations as much as practicable;

(3) Applied to ensure, at a minimum, that the child for whom support is sought benefits from the income and resources of the obligor parent on an equitable basis in comparison with any other minor child of the obligor parent;

(4) Established by October 1, 1986; and

(5) Transmitted to the agency and all family court judges when available or updated, and shall be considered by the judges in the establishment of each child support order.

(c) The family court, in consultation with the agency, shall update the guidelines at least once every four years.

(d) The establishment of the guidelines or the adoption of any modifications made to the guidelines set forth in this section 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.

(e) The responsible or custodial parent for which child support has previously been ordered 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 the child support order 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. [L 1986, c 332, pt of §2; am L 1987, c 305, §1; am L 1990, c 176, §7; am L 1991, c 216, §1; am L 1992, c 115, §1 and c 246, §1; am L 1997, c 293, §28 and c 294, §2]
Haw. Rev. Stat. § 571-14 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-14
Jurisdiction; adults.
Status: in_force

(a) Except as provided in sections 603-21.5 and 604-8, the court shall have exclusive original jurisdiction:

(1) To try any offense committed against a child by the child's parent or guardian or by any other person having the child's legal or physical custody, and any violation of section 302A-1135, 707-726, 707-727, 709-902, 709-903, 709-903.5, 709-904, 709-905, or 709-906, whether or not included in other provisions of this paragraph or paragraph (2);

(2) To try any adult charged with:

(A) Deserting, abandoning, or failing to provide support for any person in violation of law;

(B) An offense, other than a felony, against the person of the defendant's spouse;

(C) Any violation of an order issued pursuant to chapter 586; or

(D) Any violation of an order issued by a family court judge;

(3) In all proceedings under chapter 580, and in all proceedings under chapter 584A;

(4) In proceedings under chapter 575, the Uniform Desertion and Nonsupport Act, and under chapter 576B, the Uniform Interstate Family Support Act;

(5) For commitment of an adult alleged to be mentally defective or mentally ill;

(6) In all proceedings for support between parent and child or between spouses;

(7) In all proceedings for pre-trial detention or waiver of jurisdiction over an adult who was a child at the time of an alleged criminal act as provided in section 571-13 or 571-22;

(8) In all proceedings under chapter 586, Domestic Abuse Protective Orders; and

(9) For the protection of vulnerable adults under chapter 346, part X;

provided that in any case within paragraph (1) or (2), the court, in its discretion, may waive its jurisdiction over the offense charged; provided further that in any case within paragraph (3), (4), or (6), the attorney general, through the child support enforcement agency, may exercise concurrent jurisdiction as provided in chapter 576E.

(b) The court shall have concurrent jurisdiction with the district court over violations of sections 707-712, 707-717, 707-722, 708-822, 708-823, 710-1010.5, 711-1106, and 711-1106.5 when multiple offenses are charged through complaint or indictment and at least one offense is a violation of an order issued pursuant to chapter 586 or a violation of section 709-906.

(c) The court shall have concurrent jurisdiction with the circuit court over violations of section 711-1106.4.

[(d)] The court shall have concurrent jurisdiction with the circuit court in all proceedings to appoint a guardian of an adult. [L 1965, c 232, pt of §1; Supp, §333-11; am L 1967, c 56, §2; HRS §571-14; am L 1973, c 211, §1(1); am L 1976, c 85, §6; am L 1980, c 232, §27; am L 1982, c 238, §2; am L 1983, c 79, §1; am L 1984, c 50, §1; am L 1986, c 285, §1; am L 1988, c 154, §3; am L 1989, c 61, §1 and c 381, §3; am L 1992, c 86, §1; am L 1996, c 89, §17; am L 1997, c 295, §2; am L 1998, c 64, §1 and c 190, §4; am L 2002, c 9, §1; am L 2004, c 18, §1 and c 161, §30; am L 2008, c 154, §26; am L 2025, c 298, §11]
Haw. Rev. Stat. § 582D-1 — HI Code / Division 3 / Title 31 / Chapter 582D / Section 582D-1
Execution of compact.
Status: in_force

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

ARTICLE I

PURPOSE

The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 United States Code section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact, through means of joint and cooperative action among the compacting states to:

(1) Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state;

(2) Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected;

(3) Return juveniles who have run away, absconded, or escaped from supervision or control, or have been accused of an offense to the state requesting their return;

(4) Make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services;

(5) Provide for the effective tracking and supervision of juveniles;

(6) Equitably allocate the costs, benefits, and obligations of the compacting states;

(7) Establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders;

(8) Ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;

(9) Establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact;

(10) Establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators;

(11) Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance;

(12) Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and

(13) Coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for adult offender supervision, and other compacts affecting juveniles, particularly in those cases where concurrent or overlapping supervision issues arise.

It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.

ARTICLE II
Haw. Rev. Stat. § 576B-105 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-105
Application of chapter to resident of foreign country and foreign support proceeding.
Status: in_force

(a) A tribunal of this State shall apply Articles 1 through 6 and, as applicable, Article 7, to a support proceeding involving:

(1) A foreign support order;

(2) A foreign tribunal; or

(3) An obligee, obligor, or child residing in a foreign country.

(b) A tribunal of this State that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles 1 through 6.

(c) Article 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 7 is inconsistent with Articles 1 through 6, Article 7 controls. [L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 576B-311 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-311
Pleadings and accompanying documents.
Status: in_force

(a) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country shall file a petition. Unless otherwise ordered under section 576B-312, the petition or accompanying documents shall provide, if known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition shall be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

(b) The petition shall specify the relief sought. The petition and accompanying documents shall conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 571-48.5 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-48.5
Probation supervision requirements.
Status: in_force

Every child placed on probation pursuant to section 571-48(1)(A) shall be supervised in accordance with the following requirements:

(1) Supervision levels, frequency of contacts with probation officers and the court, and referrals to treatment and programs under section 571-31.4(c)(7) shall be established using, among other factors, the results of the risk and needs assessment conducted pursuant to section 571-45;

(2) A case plan, as defined in section 571-2, shall be developed for each child and submitted to the court. The case plan shall be developed in consultation with the child and the child's parent, legal guardian, or custodian. The probation officer assigned to each child shall keep the child's parent, legal guardian, or custodian informed regarding development of and progress toward the case plan, the child's conduct, compliance with the conditions of probation, and any other relevant matter in the child's case;

(3) A child whose probation term and case plan require in‑person visits with a probation officer shall receive at least one home visit; provided that the first visit shall take place within forty-five days of the child's placement on probation; provided further that a home visit shall not be required when the probation officer has reasonable perceptions of risks to the probation officer's safety due to known factors of violent criminal activity or isolation of the child's place of residence. The probation officer shall immediately report any reasonable perceptions of risks to a supervisor and may receive permission to waive the home visit requirement for the child or to conduct the home visit accompanied by another;

(4) Probation officers shall have the authority to impose graduated sanctions in response to a violation of the rules and conditions of probation, as an alternative to judicial modification or revocation pursuant to section 571-50, or to award incentives or rewards for positive behavior exhibited by the child. The graduated sanctions and incentives shall be established as follows:

(A) The judiciary shall adopt guidelines and procedures for the development and application of a statewide graduated sanctions and incentives system in accordance with this section, and the deputy chief court administrator in each judicial circuit, or the administrator's designee, shall adopt policies or procedures for the implementation of the adopted graduated sanctions and incentives system to guide probation officers in imposing sanctions and awarding incentives;

(B) The system shall include a series of presumptive sanctions for the most common types of probation violations but shall allow for a child's risk level and seriousness of violation to be taken into consideration. The system shall also identify incentives that a child may receive as a reward for compliance with the rules and conditions of probation, completion of benchmarks, or positive behavior exceeding expectations, at the discretion of the probation officer;

(C) The system shall be developed with the following objectives:

(i) To respond quickly, consistently, and proportionally to violations of the rules and conditions of probation;

(ii) To reduce the time and resources expended by the court in responding to violations with judicial modification;

(iii) To reduce the likelihood of a new delinquent act; and

(iv) To encourage positive behavior;

(D) At a child's first meeting with a probation officer after being adjudicated and disposed to a probation term, the probation officer shall provide written and oral notification to the child regarding the graduated sanctions and incentives system to ensure the child is aware of the sanctions and incentives that may be imposed or rewarded;

(E) When issuing a sanction or incentive, the probation officer shall provide written notice to the child of the nature and date of the relevant behavior, the sanction or incentive imposed or rewarded, and, in the case of sanctions, any applicable time period in which the sanction will be in effect or by which corrective behavior must be taken. The probation officer shall provide this information to the court at the next regularly scheduled review hearing and inform the court of the child's response to the sanction or incentive; and

(F) Each administrator of the juvenile client services branch in each judicial circuit shall report annually to the board of family court judges and the Hawaii juvenile justice state advisory council, the number and the per cent of children on probation who received a graduated sanction or incentive, the types of sanctions and incentives used, and the child's current probation status. [L 2014, c 201, pt of §3]
Haw. Rev. Stat. § 577-8 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-8
REPEALED.
Status: in_force

L 1972, c 9, pt of §1.
Haw. Rev. Stat. § 571-32 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-32
Detention; shelter; release; notice.
Status: in_force

(a) If a minor who is believed to come within section 571-11(1) is not released as provided in section 571-31 and is not deemed suitable for diversion, then the minor shall be taken without unnecessary delay to the court or to the place of detention or shelter designated by the court. If a minor who is believed to come within section 571-11(2) is not released as provided in section 571-31, and is not deemed suitable for diversion, then the minor shall be taken without unnecessary delay to the court or to the place of shelter designated by the court. If the court determines that the minor requires care away from the minor's own home but does not require secure physical restriction, the minor shall be given temporary care in any available nonsecure minor caring institution, foster family home, or other shelter facility.

(b) The officer or other person who brings a minor to a detention or shelter facility shall give notice to the court at once, stating the legal basis therefor and the reason why the minor was not released to the minor's parents. If the facility to which the minor is taken is not an agency of the court, the person in charge of the facility in which the minor is placed shall promptly give notice to the court that the minor is in that person's custody. Before acceptance of the minor for detention or shelter care, a prompt inquiry shall be made by a duly authorized staff member of the detention or shelter facility or officer of the court. Where it is deemed in the best interests of the minor, the judge, officer, staff member, or director of detention services may then order the minor to be released, if possible, to the care of the minor's parent, guardian, legal custodian, or other responsible adult, or the judge may order the minor held in the facility subject to further order or placed in some other appropriate facility.

(c) As soon as a minor is detained, the minor's parents, guardian, or legal custodian shall be informed, by personal contact or by notice in writing on forms prescribed by the court, that they may have a prompt hearing held by a circuit judge or district family judge regarding release or detention. A minor may be released on the order of the judge with or without a hearing. The director of detention services may order the release of the minor if an order of detention has not been made.

(d) No minor shall be held in a detention facility for juveniles or shelter longer than twenty-four hours, excluding weekends and holidays, unless a petition or motion for revocation of probation or motion for revocation of protective supervision has been filed, or unless the judge orders otherwise after a court hearing. No ex parte motions shall be considered.

(e) No minor shall be held after the filing of a petition or motion, as specified in subsection (d), unless an order for continued detention or shelter has been made by a judge after a court hearing. If there is probable cause to believe that the minor comes within section 571-11(1), the minor may be securely detained, following a court hearing, in a detention facility for juveniles or may be held in a shelter. If there is probable cause to believe that the minor comes within section 281-101.5 or 571-11(2), the minor may be held, following a court hearing, in a shelter but shall not be securely detained in a detention facility for juveniles for longer than twenty-four hours, excluding weekends and holidays, unless the minor is subject to the provisions of chapter 582, Interstate Compact on Juveniles, or chapter 582D, Interstate Compact for Juveniles, or is allegedly in or has already been adjudicated for a violation of a valid court order, as provided under the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended.

(f) No minor shall be released from detention except in accordance with this chapter.

(g) When a minor is ordered to be held or detained by the court, the minor shall not be held in any jail, lockup, or prison for adults.

(h) A minor may be placed in room confinement in a juvenile detention facility only under the following conditions:

(1) Room confinement may only be used as a temporary response to a minor's behavior, and only if:

(A) The behavior poses an immediate and substantial risk of danger to the minor's self or another individual, or a serious and immediate threat to the safety and orderly operation of the facility; provided that any decision to hold a minor in room confinement due to a mental health emergency shall be made by a mental health professional and based upon the mental health professional's examination of the minor; or

(B) The minor is an imminent escape risk;

(2) Because of the potential impact on a minor's mental or physical health, room confinement may only be used for the minimum time necessary for the minor to regain self-control, and only after less restrictive options or techniques, including de-escalation, conflict and behavioral management techniques, and intervention by a mental health professional, have been attempted, exhausted, and failed;

(3) If a minor is placed in room confinement, the reasons for the room confinement shall be explained to the minor. The minor shall also be informed that release from room confinement will occur immediately when the minor exhibits self-control and is no longer deemed a threat to the minor's safety or the safety of others;

(4) If a minor is placed in room confinement, the following individuals shall be notified on the next business day and provided the reasons for the room confinement as well as the location and duration of the confinement:

(A) The senior judge of the family court;

(B) The presiding judge who ordered the minor to be held at the facility;

(C) The deputy chief court administrator; and

(D) The social services manager of the juvenile client services branch for the circuit court of the first circuit;

(5) Room confinement shall not be used for purposes of punishment or disciplinary sanction, coercion, convenience, or retaliation, or to address staffing shortages at the facility;

(6) A minor may be held in room confinement for no more than three hours unless the minor is a danger to themselves or another, or the on-call judge grants an extension of no more than three additional hours of confinement. Thereafter, the minor shall be returned to the general population; provided that if a minor is held in room confinement for more than three hours, a hearing shall be held before the family court on the next business day, at which time the minor shall be provided legal representation;

(7) A minor shall not be returned to room confinement immediately after returning to the general population from room confinement for the purposes of evading the reporting requirements and room confinement restrictions pursuant to this section;

(8) If the minor is not returned to the general population following a hearing pursuant to paragraph (6), the minor shall be transferred to a location where services may be provided to the minor without the need for room confinement; provided that if a mental health professional determines that the level of crisis service needed is not presently available at the location, the superintendent or deputy superintendent of the facility shall initiate a referral to a facility that can meet the needs of the minor;

(9) All rooms used for room confinement shall have adequate and operational lighting, ventilation for the comfort of the minor, and shall be clean and resistant to suicide and self-harm;

(10) The minor shall have access to drinking water, toilet facilities, hygiene supplies, and reading materials approved by a mental health professional;

(11) The minor shall have the same access as provided to minors in the general population of the facility to meals, contact with parents or legal guardians, legal assistance, educational programs, and medical and mental health services;

(12) The minor shall be continuously monitored by facility staff; and

(13) The judiciary shall post quarterly on the judiciary's website a report of its detention center detailing their compliance with this section. Each report shall include:

(A) The number of incidents of room confinement every year;

(B) The number of minors impacted;

(C) The age, gender identity, and race of minors impacted;

(D) Any alternative strategies employed before the use of room confinement, the reasons those alternative strategies failed, and why room confinement was necessary; and

(E) The incidence of mental illness.

For the purposes of this subsection:

"Mental health professional" means a qualified mental health professional or mental health professional supervised by a qualified mental health professional.

"Room confinement" means the placement of a minor in a room, cell, or area with minimal or no contact with persons other than court staff and attorneys. "Room confinement" does not include confinement of a minor in a single-person room or cell for brief periods of locked room time as necessary for required institutional operations and does not include confinement during sleep hours.

(i) Provisions regarding bail shall not be applicable to minors detained in accordance with this chapter; provided that bail may be allowed after a minor has been transferred for criminal prosecution pursuant to waiver of family court jurisdiction.

(j) The official in charge of a facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a minor who is or appears to be under eighteen years of age is received at the facility.

(k) Any other provision of law to the contrary notwithstanding, any person otherwise subject to proceedings under chapter 832 and who is under the age of eighteen may be confined in a juvenile detention facility by order of a judge for the purposes set forth in section 832-12, 832-15, or 832-17.

(l) A minor may temporarily be held for processing or while in transit to court in an adult jail or lockup in a county that does not have a juvenile detention facility if the minor is:

(1) Separated by sight and sound from adult inmates; and

(2) Held no longer than is necessary to be transported to court or the nearest juvenile detention facility.

The department of human services through the office of youth services shall certify police station cellblocks and community correctional centers that provide sight and sound separation between minors and adults in temporary secure custody pursuant to this subsection. Only cellblocks and centers certified under this subsection shall be authorized to temporarily hold juveniles pursuant to this subsection. The office of youth services may develop sight and sound separation standards, issue certifications, monitor and inspect facilities for compliance, cite facilities for violations, withdraw certifications, and require certified facilities to submit data and information as requested. In addition, the office of youth services may monitor and inspect all cellblocks and centers for compliance with this subsection. [L 1965, c 232, pt of §1; Supp, §333-17; HRS §571-32; am L 1976, c 85, §8; am L 1977, c 119, §2; am L 1980, c 303, §4(4); am L 1993, c 187, §2; am L 2009, c 93, §3; am L 2021, c 61, §1; am L 2022, c 290, §1; am L 2025, c 234, §1]
Haw. Rev. Stat. § 576B-306 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-306
Inappropriate tribunal.
Status: in_force

If a petition or comparable pleading is received by an inappropriate tribunal of this State, that tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this State or another state and notify the petitioner where and when the pleading was sent.
Haw. Rev. Stat. § 586-11 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-11
Violation of an order for protection.
Status: in_force

(a) Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection shall be guilty of a misdemeanor. A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program. The court additionally shall sentence a person convicted under this section as follows:

(1) For a first conviction for violation of the order for protection, the person shall be sentenced to a mandatory minimum jail sentence of no less than five days and be fined no less than $300 nor more than $500;

provided that any conviction for violation of a temporary restraining order under section 586-4(e), issued under the same judicial case number as the order for protection, shall be treated as a prior violation of an order for protection; and

(2) For the second and any subsequent conviction for violation of the order for protection that occurs after a first conviction for violation of the same order or conviction for a violation of the temporary restraining order under section 586-4(e), issued under the same judicial case number as the order for protection, the person shall be sentenced to a mandatory minimum jail sentence of no less than forty-five days and be fined no less than $500 nor more than $1,000;

provided that the court shall not sentence a defendant to pay a fine if the court makes an on-the-record determination that the defendant is or will be unable to pay the fine.

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

The court may suspend any jail sentence under paragraphs (1) and (2), upon condition that the defendant remain alcohol- and drug-free, conviction-free, and complete court-ordered assessments or intervention . Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense. All remedies for the enforcement of judgments shall apply to this chapter.

(b) Any fines collected pursuant to subsection (a) shall be deposited into the spouse and child abuse special account established under section 601-3.6. [L 1982, c 123, pt of §2; am L 1992, c 290, §6; am L 1993, c 229, §1; am L 1999, c 200, §2; am L 2008, c 180, §§2, 6; am L 2009, c 11, §19; am L 2023, c 23, §2; am L 2025, c 121, §2]
Haw. Rev. Stat. § 577-16 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-16
Curfew; children in public streets, prohibited when; penalty.
Status: in_force

Any child under sixteen years of age, who, except in case of necessity, or except when permitted so to do in writing by a judge of the family court, goes or remains on any public street, highway, public place, or private place held open to the public after ten o'clock in the evening and before four o'clock in the morning, unaccompanied by either a parent or guardian, or an adult person duly authorized by a parent or guardian to accompany the child, is subject to adjudication under section 571-11(2).
Haw. Rev. Stat. § 587A-23 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-23
Effect of oral orders.
Status: in_force

Orders stated orally by the court on the record in a proceeding under this chapter shall have full force and effect from the date of the hearing until further order of the court. All oral orders shall be reduced to writing as soon as is practicable.
Haw. Rev. Stat. § 587A-14 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-14
Notice of hearings; participation of resource family.
Status: in_force

(a) Notice of hearings shall be served on the parties; provided that no further notice is required for any party who defaulted or was given actual notice of a hearing while present in court. Notice of hearings shall be served no less than forty-eight hours before the scheduled hearing, subject to a shortening of time as ordered by the court.

(b) The child's current resource family shall be served written notice of hearings no less than forty-eight hours before a scheduled hearing; provided that no further notice shall be provided to a resource family that was given actual notice of a hearing while present in court, subject to a shortening of time as ordered by the court.

(c) No hearing shall be held until the child, the child's current resource family, and all other parties are given notice of the hearing or are served, as required by this section.

(d) The child's current resource family is entitled to participate in the proceedings to provide information to the court, either in person or in writing, concerning the current status of the child in their care.

(e) The court may not convene a hearing under this chapter unless the court enters a finding that each of the parties required to be notified of the hearing has been served with a copy of the petition; provided that if a party is required to be summoned to a temporary foster custody or return hearing and has not been served with the summons, the court may proceed with the hearing if:

(1) A reasonable effort has been made to effect personal service;

(2) It would not be in the best interests of the child to postpone the proceeding until service can be effectuated; and

(3) The child is represented by a guardian ad litem or counsel.

(f) For purposes of this section, "party" or "parties" shall include the current foster parents. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 586-4 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-4
Temporary restraining order.
Status: in_force

(a) Upon petition to a family court judge, an ex parte temporary restraining order may be granted without notice to restrain either or both parties from contacting, threatening, or physically abusing each other, notwithstanding that a complaint for annulment, divorce, or separation has not been filed. The order may be granted to any person who, at the time the order is granted, is a family or household member as defined in section 586-1 or who filed a petition on behalf of a family or household member. The order shall enjoin the respondent or person to be restrained from performing any combination of the following acts:

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

(2) Contacting, threatening, or physically abusing any person residing at the protected party's residence; or

(3) Entering or visiting the protected party's residence.

The ex parte temporary restraining order may also enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court.

(b) For any person who is alleged to be a family or household member by virtue of a dating relationship, the court may consider the following factors in determining whether a dating relationship exists:

(1) The length of the relationship;

(2) The nature of the relationship; and

(3) The frequency of the interaction between the parties.

(c) The family court judge may issue the ex parte temporary restraining order orally, if the person being restrained is present in court. The order shall state that there is probable cause to believe that a past act or acts of abuse have occurred, or that threats of abuse make it probable that acts of abuse may be imminent. The order further shall state that the temporary restraining order is necessary for the purposes of: preventing acts of abuse or preventing a recurrence of actual domestic abuse and ensuring a period of separation of the parties involved. The order shall also describe in reasonable detail the act or acts sought to be restrained. Where necessary, the order may require either or both of the parties involved to leave the premises during the period of the order; may also restrain the party or parties to whom it is directed from contacting, threatening, or physically abusing the applicant's family or household members; and may enjoin or restrain both parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court. The order shall not only be binding upon the parties to the action, but also upon their officers, agents, servants, employees, attorneys, or any other persons in active concert or participation with them. The order shall enjoin the respondent or person to be restrained from performing any combination of the following acts:

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

(2) Contacting, threatening, or physically abusing any person residing at the protected party's residence;

(3) Entering or visiting the protected party's residence; or

(4) Taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court.

(d) If a divorce or a child custody proceeding is pending, a petition for a temporary restraining order may be filed in that same proceeding to the extent practicable. Any decree or order issued in a divorce or child custody proceeding subsequent to the petition being filed or an order being issued pursuant to this section, in the discretion of the court hearing the divorce or child custody proceeding, may supersede in whole or part the orders issued pursuant to this section. The factual findings and rulings made in connection with the granting or denying of a temporary restraining order may not have binding effect in any other family court proceeding, including child custody determinations under section 571-46, and the court in such proceedings may give de novo consideration to the facts and circumstances alleged in making later determinations affecting the parties, including determination of custody and visitation.

(e) When a temporary restraining order is granted and the respondent or person to be restrained knows of the order, a knowing or intentional violation of the restraining order shall be a misdemeanor. A person convicted under this section shall be ordered by the court to complete an assessment at any available domestic violence program and shall complete a domestic violence intervention or anger management course as determined by the domestic violence program. The court additionally shall sentence a person convicted under this section as follows:

(1) Except as provided in paragraph (2), for a first conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of five days and be fined no less than $300 nor more than $500;

(2) For a first conviction for a violation of the temporary restraining order, if the person has a prior conviction for any of the following felonies:

(A) Section 707-701 relating to murder in the first degree;

(B) Section 707-701.5 relating to murder in the second degree;

(C) Section 707-710 relating to assault in the first degree;

(D) Section 707-711 relating to assault in the second degree;

(E) Section 707-720 relating to kidnapping;

(F) Section 707-721 relating to unlawful imprisonment in the first degree;

(G) Section 707-730 relating to sexual assault in the first degree;

(H) Section 707-731 relating to sexual assault in the second degree;

(I) Section 707-732 relating to sexual assault in the third degree;

(J) Section 707-733.6 relating to continuous sexual assault of a minor under the age of fourteen years;

(K) Section 707-750 relating to promoting child abuse in the first degree;

(L) Section 708-810 relating to burglary in the first degree;

(M) Section 708-811 relating to burglary in the second degree;

(N) Section 709-906 relating to abuse of family or household members; or

(O) Section 711-1106.4 relating to aggravated harassment by stalking;

and if any of these offenses has been committed against a family or household member as defined in section 586-1, the person shall serve a mandatory minimum term of imprisonment of thirty days and be fined no less than $350 nor more than $600; and

(3) For the second and any subsequent conviction for a violation of the temporary restraining order, the person shall serve a mandatory minimum jail sentence of forty-five days and be fined no less than $500 nor more than $1,000;

provided that the court shall not sentence a defendant to pay a fine if the court makes an on-the-record determination that the defendant is or will be unable to pay the fine.

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

The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1), (2), and (3) upon condition that the defendant remain alcohol- and drug-free, conviction-free, and complete court-ordered assessments or intervention. Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor.

(f) Any fines collected pursuant to subsection (e) shall be deposited into the spouse and child abuse special account established under section 601-3.6.

(g) If the court denies a temporary restraining order, the court may order upon the oral request of the respondent or the person to be restrained that the petition record be withheld from public inspection ; provided that the record shall remain accessible to law enforcement officers without a court order. [L 1982, c 123, pt of §2; am L 1985, c 136, §2; am L 1987, c 315, §2; am L 1992, c 290, §2; am L 1998, c 172, §2; am L 1999, c 200, §1; am L 2000, c 186, §4; am L 2005, c 242, §1; am L 2008, c 180, §§1, 8; am L 2009, c 11, §19 and c 159, §1; am L 2012, c 206, §1; am L 2020, c 18, §2; am L 2023, c 23, §1; am L 2025, c 121, §1]
Haw. Rev. Stat. § 582-8 — HI Code / Division 3 / Title 31 / Chapter 582 / Section 582-8
Delinquent child included.
Status: in_force

The term "delinquent juvenile" as used in the Interstate Compact on Juveniles shall include a minor, subject to section 571-11(1).
Haw. Rev. Stat. § 571-46.4 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-46.4
Child custody evaluators; qualification; registry; complaints.
Status: in_force

(a) [Subsection effective until June 30, 2026. For subsection effective July 1, 2026, see below.] Subject to subsection (c), a person may be appointed as a child custody evaluator for purposes of section 571-46 if the person is actively licensed as a:

(1) Marriage and family therapist under chapter 451J;

(2) Physician under chapter 453 and is a board certified psychiatrist or has completed a residency in psychiatry;

(3) Psychologist under chapter 465; or

(4) Clinical social worker under section 467E-7(3).

(a) [Subsection effective July 1, 2026. For subsection effective until June 30, 2026, see above.] Subject to subsection (c), a person may be appointed as a child custody evaluator for purposes of section 571-46 if the person is actively licensed as a:

(1) Marriage and family therapist under chapter 451J;

(2) Physician under chapter 453 and is a board certified psychiatrist or has completed a residency in psychiatry;

(3) Psychologist under chapter 465; or

(4) Clinical social worker under section 467E-7(a)(3).

(b) A person may be appointed as a child custody evaluator in the absence of a license under subsection (a) if:

(1) The individual has obtained education and training that meet nationally recognized competencies and standards of practice in child custody evaluation; provided that there are no child custody evaluators enumerated under subsection (a) who are willing and available, within a reasonable period of time, to perform child custody evaluations; or

(2) The parties stipulate to a person who does not qualify as a child custody evaluator under subsection (a) and the court approves, subject to subsection (c), that person as a fact-finding investigator to the court.

(c) Beginning July 1, 2024, the following requirements shall apply to a person described in subsection (a) or (b)(2) who seeks to be appointed as, or who wishes to continue acting as, a child custody evaluator pursuant to this section:

(1) The person shall complete a training course on the dynamics of domestic violence at least once every three years; provided that the training course shall include a minimum of five hours of training;

(2) Following completion of the training course, the person shall submit a letter or certificate of completion to the family court and, upon request, shall provide copies thereof to all parties or the parties' attorneys;

(3) If the person is included on the family court's registry of child custody evaluators as of July 1, 2024, the person shall submit to the family court proof of completion of the training course on or before June 1, 2026; and

(4) If the person is not on the family court's registry of child custody evaluators as of July 1, 2024, the person shall submit proof of having completed the requisite training course when seeking to be appointed as a child custody evaluator.

(d) The judiciary shall maintain on its website a publicly accessible registry of child custody evaluators who are qualified pursuant to this section. Professionals who are willing and available to perform child custody evaluations shall be responsible for providing the judiciary with relevant information, including contact information, evidence of qualifications, and fees.

(e) The judiciary shall establish a referral process to allow parties to file a complaint with the judiciary regarding a court-appointed child custody evaluator. Upon notification by a party of the party's intent to file a complaint against a child custody evaluator appointed under subsection (a), the judiciary may refer the complainant to the appropriate licensing authority. The judiciary shall submit to the legislature an annual report regarding the number of complaints against court-appointed child custody evaluators that are processed through the referral process.

(f) A complaint against a court-appointed child custody evaluator not qualified under subsection (a) may be resolved through civil litigation. [L 2013, c 103, §2; am L 2023, c 85, §2; am L 2024, c 93, §33]
Haw. Rev. Stat. § 580-25 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-25
Inheritance by children.
Status: in_force

The children of such illegal marriage shall be entitled to succeed in the same manner as legitimate children, to all the real and personal estate of both parents in the State. [CC 1859, §1317; RL 1925, §2959; RL 1935, §4454; RL 1945, §12205; RL 1955, §324-5; HRS §580-25]
Haw. Rev. Stat. § 576B-102 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-102
Definitions.
Status: in_force

In this chapter:

"Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

"Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

"Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

"Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

"Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:

(1) That has been declared under the law of the United States to be a foreign reciprocating country;

(2) That has established a reciprocal agreement for child support with this State as provided in section 576B‑308;

(3) That has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under this chapter; or

(4) In which the Convention is in force with respect to the United States.

"Foreign support order" means a support order of a foreign tribunal.

"Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country that is authorized to establish, enforce, or modify support orders or to determine parentage of a child. This term includes a competent authority under the Convention.

"Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.

"Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State.

"Income withholding order" means an order or other legal process directed to an obligor's employer as defined by sections 571-52, 571-52.2, 571-52.3, 576D-14, and 576E-16, to withhold support from the income of the obligor.

"Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

"Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

"Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child.

"Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.

"Law" includes decisional and statutory law and rules and regulations having the force of law.

"Obligee" means:

(1) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;

(2) A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;

(3) An individual seeking a judgment determining parentage of the individual's child; or

(4) A person that is a creditor in a proceeding under Article 7.

"Obligor" means an individual, or the estate of a decedent that:

(1) Owes or is alleged to owe a duty of support;

(2) Is alleged but has not been adjudicated to be a parent of a child;

(3) Is liable under a support order; or

(4) Is a debtor in a proceeding under Article 7.

"Outside this State" means a location in another state or a country other than the United States, whether or not the country is a foreign country.

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

"Record" means information that is inscribed on a tangible medium or stored in an electronic or other medium and retrievable in a perceivable form.

"Register" means to file in the family court of this State a support order or judgment determining parentage of a child issued in another state or a foreign country.

"Registering tribunal" means a tribunal of the state in which a support order or judgment determining parentage of a child is registered. The support enforcement agency of this State is the registering tribunal for the receipt and processing of all registration requests from another support enforcement agency or an individual who has applied for support enforcement agency services. The family court is the registering tribunal for all other requests for registration.

"Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or foreign country.

"Responding tribunal" means the authorized tribunal in a responding state or foreign country.

"Spousal support order" means a support order for a spouse or former spouse of the obligor.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.

"Support enforcement agency" means a public official, governmental entity, or private agency authorized to:

(1) Seek enforcement of support orders or laws relating to the duty of support;

(2) Seek establishment or modification of child support;

(3) Request determination of parentage of a child;

(4) Attempt to locate obligors or their assets; or

(5) Request determination of the controlling child support order.

"Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief.

"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. [L 1997, c 295, pt of §1; am L 2000, c 194, §3; am L 2001, c 48, §1; §576B-101; ren and am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 572B-6 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-6
Application for license for persons who wish to enter into a civil union; fee.
Status: in_force

(a) No license for a civil union shall be issued by an agent until both applicants have appeared in-person or by synchronous online access, as authorized by the department of health in rules adopted pursuant to chapter 91, before the agent and applied for the license. The application for the license shall be completed in its entirety, dated, signed, and sworn to by each applicant and shall state each applicant's full name, date of birth, birthplace, residence, and social security number; whether each applicant is single, widowed, or divorced; and whether the applicant is under the supervision or control of a conservator or guardian. If the application is signed and sworn to by the applicants on different dates, the earlier date shall be deemed the date of the application.

(b) The fee for a license to enter into a civil union shall be an amount equal to the amount prescribed in section 572-5, and all amounts collected pursuant to section 321-1(g) as application fees under this chapter shall be retained or remitted and apportioned in the same manner as prescribed in section 572-5. [L 2011, c 1, pt of §2; am L 2012, c 267, §8; am L 2024, c 72, §2]
Haw. Rev. Stat. § 572C-4 — HI Code / Division 3 / Title 31 / Chapter 572C / Section 572C-4
Requisites of a valid reciprocal beneficiary relationship.
Status: in_force

In order to enter into a valid reciprocal beneficiary relationship, it shall be necessary that:

(1) Each of the parties be at least eighteen years old;

(2) Neither of the parties be married, a party to another reciprocal beneficiary relationship, or a partner in a civil union;

(3) The parties be legally prohibited from marrying one another under chapter 572;

(4) Consent of either party to the reciprocal beneficiary relationship has not been obtained by force, duress, or fraud; and

(5) Each of the parties sign a declaration of reciprocal beneficiary relationship as provided in section 572C-5. [L 1997, c 383, pt of §1; am L 2012, c 267, §11]
Haw. Rev. Stat. § 572B-10 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-10
Unions performed in other jurisdictions.
Status: in_force

A legal union of two persons that is not a marriage under chapter 572, which was validly formed in another jurisdiction, and which is substantially equivalent to a civil union under this chapter, shall be recognized as a valid civil union in this State and shall be treated the same as a civil union entered into in this State regardless of whether it bears the name civil union; provided that the relationship meets the eligibility requirements of this chapter, has been entered into in accordance with the laws of that jurisdiction, and can be documented.
Haw. Rev. Stat. § 587A-11 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-11
Investigation; department powers.
Status: in_force

Upon receiving a report that a child is subject to imminent harm, has been harmed, or is subject to threatened harm, and when an assessment is required by this chapter, the department shall cause an investigation to be made as it deems to be appropriate. In conducting the investigation, the department may:

(1) Enlist the cooperation and assistance of appropriate state and federal law enforcement authorities, who may conduct an investigation and, if an investigation is conducted, shall provide the department with all preliminary findings, including the results of a criminal history record check of an alleged perpetrator of harm or threatened harm to the child;

(2) Conduct a criminal history record check of an alleged perpetrator and all adults living in the family home, with or without consent, to ensure the safety of the child;

(3) Interview the child without the presence or prior approval of the child ' s family and temporarily assume protective custody of the child for the purpose of conducting the interview;

(4) Resolve the matter in an informal fashion that it deems appropriate under the circumstances;

(5) Close the matter if the department finds, after an assessment, that the child is residing with a caregiver who is willing and able to meet the child ' s needs and provide a safe and appropriate placement for the child;

(6) Immediately enter into a service plan to:

(A) Safely maintain the child in the family home; or

(B) Place the child in voluntary foster care pursuant to a written agreement with the child ' s parent.

If the child is placed in voluntary foster care and the family does not successfully complete the service plan within three months after the date on which the department assumed physical custody of the child, the department shall file a petition. The department shall not be required to file a petition if the parents agree to adoption or legal guardianship of the child and the child ' s safety is ensured; provided that the adoption or legal guardianship hearing is conducted within six months of the date on which the department assumed physical custody of the child;

(7) Assume temporary foster custody of the child and file a petition with the court within three days, excluding Saturdays, Sundays, and holidays, after the date on which the department assumes temporary foster custody of the child, with placement preference being given to an approved relative;

(8) File a petition or ensure that a petition is filed by another appropriate authorized agency in court under this chapter; or

(9) File a petition pursuant to section 587A-12 and seek an order for protective custody if there is reasonable cause to believe that the child is subject to imminent harm , as follows:

(A) The department may contemporaneously file an ex parte motion for protective custody and the court may issue an order for protective custody without notice and without a hearing;

(B) If an ex parte motion for protective custody is filed contemporaneously with a petition pursuant to this paragraph, the initial reports in section 587A-18(b)(1) and (2) shall not be required at the time the petition is filed; provided that the ex parte motion shall be accompanied by a written declaration setting forth the facts establishing reasonable cause to believe that a child is subject to imminent harm. The initial reports required by section 587A-18(b)(1) and (2) shall be filed on or before the next hearing date unless required sooner by the court;

(C) If the court finds reasonable cause to believe that the child is subject to imminent harm, the court shall issue a written order that a police officer immediately take the child into protective custody and transfer custody of the child to the department, which will then assume temporary foster custody of the child pursuant to section 587A-8(b);

(D) If an order for protective custody is issued under this paragraph, the court shall order that a police officer make every reasonable effort to personally serve the child ' s parents and any person who has physical custody of the child with copies of the ex parte motion and order; and

(E) After the court rules on the ex parte motion, the case shall proceed pursuant to section 587A-12(c). [L 2010, c 135, pt of §1; am L 2016, c 96, §4; am L 2024, c 144, §4]
Haw. Rev. Stat. § 587A-24 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-24
Motions to vacate or modify prior orders brought or decided upon pursuant to rule 59, Hawaii family court rules.
Status: in_force

In considering a party's motion to vacate or modify prior orders brought or decided upon pursuant to rule 59, Hawaii family court rules, the court need not commence a trial or hearing de novo, but rather, after such further hearing as the court deems to be appropriate, may proceed to enter such orders as are in the best interests of the child.
Haw. Rev. Stat. § 572C-1 — HI Code / Division 3 / Title 31 / Chapter 572C / Section 572C-1
Purpose.
Status: in_force

The purpose of this chapter is to extend certain rights and benefits which are presently available only to married couples to couples composed of two individuals who are legally prohibited from marrying under state law.
Haw. Rev. Stat. § 571-46.2 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-46.2
Orders relating to custody and visitation cases.
Status: in_force

In any action involving the custody or visitation of a minor child, the court may order any party and the minor child, as needed, to attend counseling, parenting classes or any other type of educational activity, as the court deems appropriate to meet the best interests of the child.
Haw. Rev. Stat. § 587D-3 — HI Code / Division 3 / Title 31 / Chapter 587D / Section 587D-3
Safe place for newborns.
Status: in_force

(a) The personnel of a hospital, fire station, or police station, or emergency services personnel may receive a newborn child; provided that 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.

(b) When a person leaves a newborn child with the personnel of [a] hospital, fire station, or police station, or emergency services personnel, the personnel:

(1) Shall make every reasonable effort to solicit the following information from the person leaving the newborn child:

(A) The name of the newborn child;

(B) The name and address of the parent or person dropping off the newborn child;

(C) The location where the newborn child was born;

(D) Information pertaining to the newborn child's medical history;

(E) The newborn child's biological family's medical history, including major illnesses and diseases; and

(F) Any other information that might reasonably assist the department in determining the best interests of the newborn child, including whether the parents plan on returning to seek custody of the child in the future;

provided that refusal of the person leaving the newborn child to provide such information shall not prevent personnel from accepting the newborn child;

(2) May provide the person leaving the newborn child with information on how to contact relevant social service agencies; and

(3) Shall notify appropriate law enforcement agencies that a newborn child was received, for purposes of matching the child with missing children reports.

(c) If a hospital, fire station, or police station, or emergency services personnel receives a newborn child pursuant to subsection (a), any health care provider, firefighter, police officer, or emergency services personnel receiving the newborn child shall perform any act necessary, in accordance with generally accepted standards of their respective professional practice, to protect, preserve, and aid the physical health and safety of the newborn child during the temporary physical custody. [L Sp 2007, c 7, pt of §2]
Haw. Rev. Stat. § 580-26 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-26
Lack of mental capacity.
Status: in_force

The marriage of a person who lacked the mental capacity to consent to the marriage may be annulled on the application of either party, or on the application of a guardian of the party who lacked capacity; provided that no sentence of nullity shall be pronounced if it appears that the parties freely cohabited as a married couple after the party who lacked mental capacity attained the mental capacity necessary to consent to marriage. [CC 1859, §1318; am L 1903, c 22, §2; RL 1925, §2960; RL 1935, §4455; RL 1945, §12206; RL 1955, §324-6; HRS §580-26; am L 1973, c 211, §5(1); am L 1980, c 43, §2; am L 2023, c 160, §11]
Haw. Rev. Stat. § 576B-608 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-608
Confirmed order.
Status: in_force

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Haw. Rev. Stat. § 577D-2 — HI Code / Division 3 / Title 31 / Chapter 577D / Section 577D-2
Consent to primary medical care and services.
Status: in_force

(a) A licensed health care practitioner may provide primary medical care and services to a minor who consents to the primary medical care and services if the physician reasonably believes that:

(1) The minor understands the significant benefits and risks of the proposed primary medical care and services and can communicate an informed consent;

(2) The primary medical care and services are for the minor's benefit; and

(3) The minor is a "minor without support", as defined in section 577D-1.

(b) Any consent given under this section shall be valid and binding as if the minor had reached the age of majority and the minor shall be deemed to have, and shall have the same legal capacity to act, and the same legal obligations with regard to the giving of an informed consent, as a person of full legal age and capacity, the infancy of the minor and any contrary provisions of law notwithstanding.

(c) The consent given under this section shall not be subject to later disaffirmance by reason of the patient's minority.

(d) No consent of any other person, including a spouse, parent, custodian, or guardian, shall be necessary to authorize a licensed health care practitioner to provide primary medical care and services to a minor without support under this section.

(e) Any licensed health care practitioner who in good faith renders primary medical care and services to a minor without support in accordance with the requirements of subsection (a) shall have immunity from any civil or criminal liability based on that determination; provided that a licensed health care practitioner whose determination under subsection (a) is the result of gross negligence or wilful or wanton acts or omissions shall be liable for damages suffered by the minor resulting from the gross negligence or wilful or wanton acts or omissions.

(f) If a minor without support consents to receive primary medical care and services, the spouse, parent, custodian, or guardian of the minor shall not be liable for the legal obligations resulting from the primary medical care and services provided by a licensed health care practitioner. A minor without support who consents to the provision of primary medical care and services under this chapter shall assume financial responsibility for the costs of the primary medical care and services. Notwithstanding any other law to the contrary, a spouse, parent, custodian, or guardian whose consent has not been obtained or who has no prior knowledge that a minor without support has consented to the provision of primary medical care and services shall not be liable for the costs incurred by virtue of the minor's consent.

(g) No licensed health care practitioner shall be held liable for treating a minor patient who has misrepresented that he or she is a minor without support.

(h) Notwithstanding any other law to the contrary, an action to recover any debt founded upon any contract, obligation, or liability made pursuant to this chapter shall not commence until the minor without support has reached the age of majority; provided that any action shall commence within two years of the date the minor reaches the age of majority.

(i) If a claim for primary medical care or services obtained under this chapter is filed with a managed care plan or health insurance plan under which a minor without support is enrolled, and the minor does not want the plan to disclose information regarding the claim to a spouse, parent, custodian, or guardian, the minor, or the licensed health care practitioner rendering the primary medical care and services on behalf of the minor, shall so notify the plan prior to submitting the claim. The plan may require that the request for confidential communication be made in writing and that it contain a statement that disclosure of all or part of the information to which the request pertains could endanger the minor. The plan shall have fourteen days to make any changes necessary to comply with the request for confidentiality. The plan may accommodate requests by the minor or the licensed health care practitioner to receive communications related to the primary medical care and services by alternative means or at alternative locations. [L 2007, c 35, pt of §2]
Haw. Rev. Stat. § 580-2 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-2
Commencement of action; summons.
Status: in_force

An action for annulment, divorce, or separation is commenced by filing a complaint with the court, which complaint shall be signed and sworn to by the applicant and shall set forth sufficient facts to constitute a claim for relief. Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it for service to a person authorized to serve process in civil actions. The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which the defendant is required to appear and defend which shall not be less than twenty days after the service of the summons and complaint upon the defendant, and shall notify the defendant that in case of the defendant's failure to appear and defend as required, further proceedings may be taken including judgment for the relief demanded in the complaint without further notice to the defendant. Alternative complaints for annulment, divorce, or separation may be set forth or combined in one complaint.
Haw. Rev. Stat. § 578-11 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-11
Disposition in case of death of petitioners.
Status: in_force

Notwithstanding the death of a petitioner or the petitioners during the pendency of the petition, the court, if it finds that the best interests of the individual to be adopted will be served thereby, and, in the case of a surviving petitioner, that such petitioner so desires, may enter a decree of adoption as prayed for in the petition, effective as of the date of the filing of the petition. [RL 1945, pt of §12276; am L 1953, c 115, pt of §1; RL 1955, §331-11; HRS §578-11; am L 1973, c 211, §3(i); am L 1976, c 194, §1(6)]
Haw. Rev. Stat. § 576E-8 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-8
Action by agency upon request for hearing.
Status: in_force

Upon receipt of a hearing request, the agency may contact the parties and attempt to reach an agreed disposition. If no agreed disposition can be obtained, the matter shall be referred to a hearings officer for contested case proceedings.
Haw. Rev. Stat. § 571-3 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-3
Family courts, divisions of circuit courts.
Status: in_force

The family courts shall be divisions of the circuit courts of the State and shall not be deemed to be other courts as that term is used in the State Constitution. A family court shall be held at the courthouse in each circuit, or other duly designated place, by the judge or judges of the respective family courts as herein defined. The chief justice of the supreme court may temporarily assign a family court judge to preside in another circuit when the urgency of one or more cases requires the chief justice to do so. In any case in which it has jurisdiction the court shall exercise general equity powers as authorized by law.
Haw. Rev. Stat. § 577-10 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-10
Court having jurisdiction.
Status: in_force

The family courts shall have exclusive jurisdiction of all cases coming within sections 709-902, 709-903, 709-904, and 709-905; provided that upon complaint made to any prosecuting officer of the commission of any offense coming within sections 709-902, 709-903, 709-904, and 709-905, the district judge within whose circuit the offense is alleged to have been committed may issue the judge's warrant for the arrest of the person accused of such offense, and commit the accused to the family court for the required proceedings.
Haw. Rev. Stat. § 580-3.5 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-3.5
Personal judgment against absent defendant.
Status: in_force

In any proceeding in the family court, the court may render a personal judgment against a party who is outside of this State and over whom jurisdiction is acquired by service of process in the manner set forth in section 580-3(b) or (c), if the party was personally served with a copy of the summons or order to show cause and complaint or other pleading upon which the judgment is based and if the party was a domiciliary of this State at the time:

(1) The cause of action that is the subject of the proceeding arose;

(2) Of the commencement of the proceeding; or

(3) Of service. [L 1970, c 24, §1; am L 2018, c 18, §48]
Haw. Rev. Stat. § 577-16.5 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-16.5
Sentencing for the violation of curfew.
Status: in_force

In addition to any other penalties established by law, rule, or ordinance in the State, any child found in violation of section 577-16 and their parents or guardians may be required to participate in such counseling, as the court deems to be appropriate in each case.
Haw. Rev. Stat. § 572-2 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-2
Consent of parent or guardian.
Status: in_force

Whenever any person who is under the age of eighteen is to be married, the written consent of his or her parents, or guardian or other person in whose care and custody he or she may be, shall accompany the application for a license to marry. No license shall be issued to any minor who is under the jurisdiction of the family court without the written consent of a judge of such court. [CC 1859, §1291; RL 1925, §2944; am L 1929, c 104, §1; RL 1935, §4631; RL 1945, §12352; am L 1947, c 43, §1; RL 1955, §323-2; am L 1965, c 232, §1; HRS §572-2; am L 1969, c 45, §1; am L 1972, c 2, pt of §34 and c 192, pt of §1]
Haw. Rev. Stat. § 577-15 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-15
Children deemed to be orphans.
Status: in_force

For the purpose of taking, or determining eligibility to take, any benefit under any law or under any private instrument by the terms of which orphans are eligible to receive benefits, a child born to parents not married to each other and not adopted shall be deemed an orphan; provided that nothing in this section shall be construed to:

(1) Deprive any child of any rights of inheritance, any rights to support, or any other rights to which the child would be entitled; or

(2) Affect the liabilities of any other person with respect to any child to which the person would be subject if this section had not been enacted. [L 1941, c 263, §1; RL 1945, §12281; RL 1955, §330-13; HRS §577-15; am L 1975, c 77, §1(4); am L 2018, c 18, §46]
Haw. Rev. Stat. § 586-6 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-6
Notice of order.
Status: in_force

(a) Any order issued under this chapter shall either be personally served upon the respondent, or served by certified mail, unless the respondent was present at the hearing in which case the respondent shall be deemed to have notice of the order. A filed copy of each order issued under this chapter shall be served by regular mail upon the chief of police of each county.

(b) Except as otherwise provided in this chapter or in the order, a law enforcement officer as defined in section 701-118 may use a reliable copy, facsimile telecommunication, or other reliable reproduction of an order issued pursuant to this chapter in lieu of the original order for purposes of this section. Any such copy, facsimile telecommunication, or other reproduction shall be a complete reproduction of the entire original order and may only be transmitted from law enforcement officer to law enforcement officer until served. [L 1982, c 123, pt of §2; am L 1987, c 315, §5; am L 1992, c 290, §5; am L 1993, c 215, §2; am L 1998, c 172, §5; am L 2002, c 123, §1]
Haw. Rev. Stat. § 576D-6 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-6
Other duties of agency.
Status: in_force

(a) The agency shall:

(1) Establish a state parent locator service for the purpose of locating absent and custodial parents;

(2) Cooperate with other states in:

(A) Establishing paternity, if necessary;

(B) Locating an absent parent who is present in the State and against whom any action is being taken under a Title IV-D program in any other state; and

(C) Securing compliance by an absent parent with a support order issued by a court of competent jurisdiction in any other state;

(3) Perform periodic checks of whether a parent is collecting unemployment compensation and, if so, to arrange, either through agreement with the parent or by bringing legal process, to have a portion of the compensation withheld, to fulfill the parent's child support obligations;

(4) Notify annually each custodial parent, guardian, protective payee, or other person having custody of the child of an Aid to Families with Dependent Children family of the amount of child support collected on behalf of the child in the family. For the purpose of this paragraph, "Aid to Families with Dependent Children family" means a family that receives financial assistance under the federal Aid to Families with Dependent Children program or its successor;

(5) Establish and use procedures that shall require a debtor parent to give security, post bond, or give some other guarantee to secure payment of delinquent child support. The procedures shall apply to all debtor parents of children described under section 576D-3. The procedures shall include advance notice to the debtor parent in full compliance with the State's procedural due process requirements. The agency shall develop guidelines, which are available to the public, to determine whether the case is appropriate for application of this requirement;

(6) Establish and use procedures by which information regarding the name of the debtor parent and the amount of delinquent child support owed by a debtor parent residing in the State will be made available to any consumer reporting agency as defined in section 603(f) of the Fair Credit Reporting Act. The procedures shall be effectuated upon the agency being authorized to provide Title IV-D services and shall include provisions to provide to the debtor parent whose information is being reported advance notice of the procedures, which notice and procedures shall be in full compliance with the State's procedural due process requirements, to contest the accuracy of the information;

(7) Establish and use procedures that will enforce liens against the real and personal property of a debtor parent who owes overdue support and who resides or owns property in the State. The agency shall further establish guidelines that are available to the public to determine whether the case is inappropriate for application of this paragraph;

(8) Establish and use procedures for the notification of a custodial parent that any income tax refund setoff under section 231-53 shall be retained by the State in cases where medical support rights have been assigned to the State and the income tax refund setoff is applied to amounts designated in the child support order for medical purposes;

(9) Establish and use procedures for prompt reimbursement of overpayment of child support debts from income tax refund setoffs under section 231-53. The procedures shall provide for the reimbursement to be made by the custodial parent or agency;

(10) Establish and use procedures for periodic review and modification of child support orders in accordance with Title IV-D;

(11) Provide notice not less than once every three years to those parents subject to an order of support informing the parents of their right to request the agency to review and, if appropriate, adjust the order of support pursuant to the guidelines established under section 576D-7;

(12) Establish and operate a state case registry that contains records of:

(A) Each case in which services are being provided by the agency under the state plan; and

(B) Each support order established or modified in the State on or after October 1, 1998.

The records shall use standardized data elements for both parents, including but not limited to names, residential and mailing addresses, telephone numbers, driver's license numbers, social security numbers and other uniform identification numbers, dates of birth, case identification numbers, and the names, addresses, and telephone numbers of the parents' employers, and contain any other information as required by the United States Secretary of Health and Human Services. In each case, with respect to subparagraph (A) and where a support order has been established, the case record shall include the amount of monthly or other periodic support owed under the order, and other amounts, including but not limited to arrearages, due under the order, the amounts collected under the order, the birthdate of any child for whom the order requires the provision of support, and the amount of any lien imposed;

(13) Perform other duties required under chapter 576B, the Uniform Interstate Family Support Act; and

(14) Perform other duties required under Title IV-D.

(b) The procedures required under subsection (a)(5), (6), (7), (8), (9), and (10) shall be established by rule in accordance with chapter 91. [L 1986, c 332, pt of §2; am L 1991, c 182, §1; am L 1994, c 24, §2; am L 1995, c 137, §1; am L 1996, c 25, §2; am L 1997, c 293, §27; am L 1998, c 153, §5; am L 2008, c 178, §1; am L 2011, c 79, §2]
Haw. Rev. Stat. § 586-7 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-7
Assistance of police in service or execution.
Status: in_force

When an order is issued under this chapter upon request of the petitioner, the court may order the police department to serve the order and related documents upon respondent and to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence.
Haw. Rev. Stat. § 576B-314 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-314
Limited immunity of petitioner.
Status: in_force

(a) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present in this State to participate in a proceeding under this chapter.

(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this State to participate in the proceeding. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 583A-312 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-312
Costs, fees, and expenses.
Status: in_force

(a) The court may award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 572B-3 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-3
[ §572B-3] Civil unions void; when.
Status: in_force

[ §572B-3] Civil unions void; when. A civil union shall be void between the following persons: parent and child, grandparent and grandchild, two siblings, aunt and nephew, aunt and niece, uncle and nephew, uncle and niece, and persons who stand in relation to each other as ancestor and descendant of any degree whatsoever.
Haw. Rev. Stat. § 576B-602 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-602
Procedure to register order for enforcement.
Status: in_force

(a) Except as otherwise provided in section 576B-706, a support order or income withholding order of another state or a foreign support order may be registered in this State by sending the following records to the registering tribunal in this State:

(1) A letter of transmittal to the tribunal requesting registration and enforcement;

(2) Two copies, including one certified copy, of the order to be registered, including any modification of the order;

(3) A sworn statement by the person requesting registration or a certified statement by the custodian of the record showing the amount of any arrearage;

(4) The name of the obligor and, if known:

(A) The obligor's address and social security number;

(B) The name and address of the obligor's employer and any other source of income of the obligor; and

(C) A description and the location of property of the obligor in this State not exempt from execution; and

(5) Except as otherwise provided in section 576B‑312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.

(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State may be filed at the same time as the request for registration or later. The pleading shall specify the grounds for the remedy sought.

(d) If two or more orders are in effect, the person requesting registration shall:

(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

(2) Specify the order alleged to be the controlling order, if any; and

(3) Specify the amount of consolidated arrears, if any.

(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 576D-10.5 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-10.5
Liens.
Status: in_force

(a) Whenever any obligor through judicial or administrative process in this State or any other state has been ordered to pay an allowance for the support, maintenance, or education of a child, or for the support and maintenance of a spouse or former spouse in conjunction with child support, and the obligor becomes delinquent in those payments, a lien shall arise on the obligor's real and personal property and the obligor's real and personal property shall be subject to foreclosure, distraint, seizure, and sale, or notice to withhold and deliver, which shall be executed in accordance with this section or applicable state law. No judicial notice or hearing shall be necessary prior to creation of such a lien.

(b) Upon the establishment of an order of support for a prior period, a lien shall arise on the obligor's real and personal property and the obligor's real and personal property shall be subject to foreclosure, distraint, seizure, and sale, or notice to withhold and deliver, which shall be executed in accordance with this section or applicable state law. No judicial notice or hearing shall be necessary prior to creation of such a lien.

(c) Every order or judgment regarding child support filed in judicial or administrative proceedings in this State shall be recorded in the bureau of conveyances. An order or judgment regarding child support filed in judicial or administrative proceedings of any other state may be recorded in the bureau of conveyances. This recorded lien shall be deemed, at such time, for all purposes and without any further action, to procure a lien on land registered in the land court under chapter 501. The statutory lien becomes effective when it arises under subsection (a) or (b) and shall attach to all interests in real or personal property then owned or subsequently acquired by the obligor including any interests not recorded with the bureau of conveyances or filed in the land court.

(d) No fee shall be charged the child support enforcement agency or its designated counsel for recording or filing of the liens provided for in this section or for the recording or filing of any releases requested in conjunction with the liens.

(e) A recorded order or judgment regarding child support or public assistance debt becomes effective and takes priority from the time it is recorded or the time the child support obligation described therein becomes delinquent, whichever is later. A statutory lien that is provided for by and becomes effective under this section shall take priority over any unrecorded lien whenever acquired, except tax liens previously acquired.

(f) A lien shall be enforceable by the child support enforcement agency or its designated counsel, by the obligee, or by any other state or agency administering a program under Title IV-D, in the following manner:

(1) By suit in the appropriate court;

(2) By bringing an action in an administrative tribunal;

(3) By filing and serving a notice of child support lien; or

(4) By any lawful means of collection.

A notice of child support lien shall state the name and the last four digits only of the social security number, if available, of the obligor, the child support enforcement case number, the amount of the lien and the through date, if applicable, the accruing monthly amount, and the date on which the order or judgment regarding child support or public assistance debt was recorded with the bureau of conveyances. The notice shall require that whoever is served with a notice of child support lien either satisfy the lien or obtain a release of the lien prior to disbursing any funds to the obligor. The method of service of a notice of child support lien shall be by certified mail, return receipt requested, or by personal delivery to the individual or entity referred to. A copy of the notice of child support lien shall also be sent to the obligor by regular mail at the obligor's last known address. Upon service of a notice of child support lien, the individual or entity served shall withhold the amount of the lien from the proceeds of any estate, judgment, settlement, compromise, vacation or holiday pay, or other benefits due the obligor and deliver the funds to the child support enforcement agency. For service effectuated by certified mail, an electronic copy or facsimile of the signature of the served individual or entity on certified mailers provided by the United States Postal Service shall constitute valid proof of service on the individual or entity. A notice of child support lien may be amended from time to time until extinguished or released, each amendment taking effect upon proper service. A notice of child support lien shall remain in effect until satisfied, extinguished, or released.

(g) A lien shall be enforceable by the child support enforcement agency or its designated counsel or by any other state or agency administering a program under Title IV-D without the necessity of obtaining a court order in the following manner:

(1) By intercepting or seizing periodic or lump-sum payments from:

(A) A state or local agency, including unemployment compensation, and other benefits; and

(B) Judgments, settlements, and lotteries;

provided that unemployment compensation benefits may be intercepted only to the extent authorized by section 303(e) of the Social Security Act;

(2) By attaching and seizing assets of the obligor held in financial institutions;

(3) By attaching public and private retirement funds; and

(4) By imposing liens in accordance with this section and, in appropriate cases, to force the sale of property and distribution of proceeds.

These procedures shall be subject to due process safeguards, including, as appropriate, requirements for notice, opportunity to contest the action, and opportunity for an appeal on the record to an independent administrative or judicial tribunal.

(h) The child support enforcement agency, its designated counsel or the obligee, where appropriate, shall issue certificates of release upon satisfaction of the lien. Certificates of release of any real property shall be recorded in the bureau of conveyances or filed in the office of the assistant registrar of the land court. Recordation of the certificate of release shall be the responsibility of the obligor.

(i) If there is a dispute between the obligor and the child support enforcement agency concerning the amount of the child support lien, the obligor may request in writing an account review. Upon receipt of a written request, the child support enforcement agency shall conduct a review of the obligor's account balance pursuant to its administrative rules.

(j) Any person or entity failing to satisfy a notice of child support lien as required by this section, even though able to do so, shall be personally liable to the child support enforcement agency or the obligee for the full amount of all sums required to be withheld and delivered. [L 1989, c 304, §1; am L 1995, c 137, §2; am L 1997, c 293, §29; am L 2000, c 273, §1; am L 2001, c 95, §1; am L 2002, c 72, §§6, 7; am L 2009, c 115, §3; am L 2011, c 79, §4]
Haw. Rev. Stat. § 583A-317 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-317
Costs and expenses.
Status: in_force

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the attorney general or county prosecuting attorney, as appropriate, and law enforcement officers under section 583A-315 or 583A-316.
Haw. Rev. Stat. § 572-13.5 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-13.5
Revocation or suspension of licenses to solemnize.
Status: in_force

Any license to solemnize marriages issued pursuant to section 572-12 may be revoked or suspended by the department of health, if the holder of the license has failed to comply with the applicable provisions of this chapter or of the rules of the department of health.
Haw. Rev. Stat. § 586-10 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-10
Copy to law enforcement agency.
Status: in_force

(a) Any order for protection granted pursuant to this chapter shall be transmitted by the clerk of the court within twenty-four hours to the appropriate county police department.

(b) Each county police department shall make available to other law enforcement officers in the same county, through a system for verification, information as to the existence and status of any order for protection issued pursuant to this chapter. [L 1982, c 123, pt of §2; am L 2000, c 186, §5]
Haw. Rev. Stat. § 572B-4.5 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-4.5
[ §572B-4.
Status: in_force

[ §572B-4.5] Rights held by reciprocal beneficiaries who enter into a civil union. (a) If two reciprocal beneficiaries enter into a civil union with each other, the rights, benefits, protections, or responsibilities created by the reciprocal beneficiary relationship shall be continuous through the civil union and deemed to have accrued as of the first date these rights existed under the reciprocal beneficiary relationship; provided that the individuals terminated their reciprocal beneficiary relationship simultaneously with their entry into a civil union, or within the ninety days immediately preceding their entry into a civil union.

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

(c) Property held in tenancy by the entirety shall be subject to section 509-3. [L 2012, c 267, pt of §3]
Haw. Rev. Stat. § 577E-3 — HI Code / Division 3 / Title 31 / Chapter 577E / Section 577E-3
Members; terms; chair; quorum; compensation.
Status: in_force

(a) The commission shall consist of fifteen members and reflect the geographic and cultural diversity of the State. The membership shall include:

(1) Ex officio, the director of human services, superintendent of education, director of health, attorney general, director of law enforcement, and executive director of the office of youth services, or their designees; and

(2) Eight voting members shall be appointed by the governor as provided in section 26-34, except as otherwise provided in this section, as follows:

(A) Two members shall be appointed by the governor from a list of three nominees submitted by the president of the senate, and two members shall be appointed by the governor from a list of three nominees submitted by the speaker of the house of representatives; and

(B) Four members shall be appointed by the governor from the community.

(3) One voting member shall be designated by the Hawaii Coalition for Dads.

(b) Of the appointed members, there shall be at least one member from each of the counties of Kauai, Maui, and Hawaii.

(c) All members shall serve for a term of four years. Any vacancies occurring in the membership of the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointments. No member shall serve on the commission for more than two terms; provided that if a member fills a vacancy and serves for the remainder of an unexpired term that member shall be considered to have served one term.

(d) The chair and vice chair of the board shall be selected annually from the nongovernmental members of the commission appointed pursuant to subsection (a)(2). A simple majority shall constitute a quorum, whose affirmative vote shall be necessary for all actions.

(e) The members shall serve without compensation.

(f) Any member of the commission shall be immune from civil liability as provided in section 26-35.5. [L 2003, c 156, pt of §2; am L 2005, c 148, §2; am L 2006, c 232, pt of §1; am L 2007, c 190, §1; am L 2011, c 38, §2; am L 2022, c 278, §17]
Haw. Rev. Stat. § 571-22 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-22
Waiver of jurisdiction; transfer to other courts.
Status: in_force

(a) The court may waive jurisdiction and order a minor or adult held for criminal proceedings after full investigation and hearing where the person during the person's minority, but on or after the person's sixteenth birthday, is alleged to have committed an act that would constitute a felony if committed by an adult, and the court finds that:

(1) There is no evidence the person is committable to an institution for individuals with intellectual disabilities or the mentally ill;

(2) The person is not treatable in any available institution or facility within the State designed for the care and treatment of children; or

(3) The safety of the community requires that the person be subject to judicial restraint for a period extending beyond the person's minority.

(b) The court may waive jurisdiction and order a minor or adult held for criminal proceedings if, after a full investigation and hearing, the court finds that:

(1) The person during the person's minority, but on or after the person's fourteenth birthday, is alleged to have committed an act that would constitute a felony if committed by an adult and either:

(A) The act resulted in serious bodily injury to a victim;

(B) The act would constitute a class A felony if committed by an adult; or

(C) The person has more than one prior adjudication for acts that would constitute felonies if committed by an adult; and

(2) There is no evidence the person is committable to an institution for individuals with intellectual disabilities or the mentally ill.

(c) The factors to be considered in deciding whether jurisdiction should be waived under subsection (a) or (b) are as follows:

(1) The seriousness of the alleged offense;

(2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or wilful manner;

(3) Whether the alleged offense was against persons or against property, greater weight being given to offenses against persons, especially if personal injury resulted;

(4) The desirability of trial and disposition of the entire offense in one court when the minor's associates in the alleged offense are adults who will be charged with a crime;

(5) The sophistication and maturity of the minor as determined by consideration of the minor's home, environmental situation, emotional attitude, and pattern of living;

(6) The record and previous history of the minor, including previous contacts with the family court, other law enforcement agencies, courts in other jurisdictions, prior periods of probation to the family court, or prior commitments to juvenile institutions;

(7) The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the minor (if the minor is found to have committed the alleged offense) by the use of procedures, services, and facilities currently available to the family court; and

(8) All other relevant matters.

(d) The court may waive jurisdiction and order a minor or adult held for criminal proceedings if, after a full investigation and hearing, the court finds that:

(1) The person during the person's minority is alleged to have committed an act that would constitute murder in the first degree or second degree or attempted murder in the first degree or second degree if committed by an adult; and

(2) There is no evidence the person is committable to an institution for individuals with intellectual disabilities or the mentally ill.

(e) Transfer of a minor for criminal proceedings terminates the jurisdiction of the court over the minor with respect to any subsequent acts that would otherwise be within the court's jurisdiction under section 571-11(1) and thereby confers jurisdiction over the minor to a court of competent criminal jurisdiction.

(f) If criminal proceedings instituted under subsection (a), (b), or (d) result in an acquittal or other discharge of the minor involved, no petition shall be filed thereafter in any family court based on the same facts as were alleged in the criminal proceeding.

(g) A minor shall not be subject to criminal prosecution based on the facts giving rise to a petition filed under this chapter, except as otherwise provided in this chapter.

(h) Where the petition has been filed in a circuit other than the minor's residence, the judge, in the judge's discretion, may transfer the case to the family court of the circuit of the minor's residence.

(i) When a petition is filed bringing a minor before the court under section 571-11(1) and (2), and the minor resides outside of the circuit, but within the State, the court, after a finding as to the allegations in the petition, may certify the case for disposition to the family court having jurisdiction where the minor resides. Thereupon, the court shall accept the case and may dispose of the case as if the petition was originally filed in that court. Whenever a case is so certified, the certifying court shall forward to the receiving court certified copies of all pertinent legal and social records.

(j) If the court waives jurisdiction pursuant to subsection (b) or (d), the court also may waive its jurisdiction with respect to any other felony charges arising from the same episode to the charge for which the minor was waived. [L 1965, c 232, pt of §1; Supp, §333-13; HRS §571-22; am L 1970, c 81, §2; am L 1972, c 2, pt of §33; am L 1974, c 148, §2; am L 1980, c 303, §7(4); am L 1981, c 222, §1; am L 1987, c 182, §1; am L 1997, c 318, §2; am L 1999, c 139, §1; am L 2011, c 220, §16]
Haw. Rev. Stat. § 577-22 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-22
Dancing partners, patrons, age limit.
Status: in_force

It shall be unlawful for any unmarried minor to frequent, be, or remain upon, in, or around the premises of any dance hall where persons receive any remuneration or compensation, either directly or indirectly, for acting as dancing partners to the patrons of the dance hall. The acceptance or receipt of any of the proceeds of the sale of any article to any patron of the dance hall by any such person under eighteen, or by anyone acting on such person's behalf, constitutes receiving [of] remuneration or compensation within the meaning of this section. Any minor violating this section is subject to adjudication under section 571-11(1).