reglab/housing_qa huggingface dataset:
HI Rev Stat § 571-31.1 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-31.1 Standard for detention.

  §571-31.1 Standard for detention. (a) As used in this chapter, "protection of the community" means there is a threat to, and a necessity to protect, the person or property of others from:   (1) A minor who is alleged to have committed an offense which caused physical harm, or a threat of physical harm, to another person; or   (2) A minor who is alleged to have committed an offense which caused damage to, or theft of, property; and   (A) The minor's record reveals a pattern of behavior which has caused damage to, or loss of, property; and   (B) Previous control measures have failed.   (b) As used in this chapter, "immediate welfare" means:   (1) The minor is in physical, emotional, or psychological danger, or may be prior to the court's disposition;   (2) No parent or other responsible adult known to the decision-maker is willing and able to provide the type and degree of supervision necessary to protect the minor from that danger;   (3) No other secure facility is appropriate and available.   (c) In determining whether the immediate welfare or the protection of the community requires a minor's detention, an officer or other person may take into consideration the following, among other pertinent factors:   (1) The severity of the violation or violations which the child is reasonably believed to have committed;   (2) The frequency with which the child is reasonably believed to have committed such or other violations;   (3) The child's age, character, physical, and mental health;   (4) The interpersonal relationships between the child, the family, and the community; and   (5) Any previous history of referrals to the court. [L 1980, c 303, §4(3)]
HI Rev Stat § 571-31.2 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-31.2 Juvenile intake and diagnostic services.

  §571-31.2 Juvenile intake and diagnostic services. (a) The court or other designated agency shall:  (1) Notify the child's parent, guardian[,] or legal custodian or take reasonable action to ensure that such notice has been given;  (2) Require the child, the child's parent, the child's guardian or legal custodian, or both, to appear at the court or other designated agency as soon as practicable for a family counseling session to attempt a quick resolution of their problem; [and]  (3) Investigate, evaluate, make necessary determination, and take appropriate actions regarding:  (A) Diversion from justice system processing, formal or informal, and closure of the case;  (B) Release of a child to the care of the child's parent or other responsible adult;  (C) Extending to or making arrangement for the securing of suitable informal adjustment under section 571-31.4, 571-31.5 or 571-31.6;  (D) Initiation of the filing of a complaint or petition;  (E) Detention of a child, utilizing the standard set out in section 571-31.1 or temporary shelter in a nonsecure shelter; and  (F) Making such other informal disposition as may be suitable.  (b) If the intake officer believes it desirable, [the] officer may take action to obtain the child or the written promise of a parent, guardian, or legal custodian to take the child to the court or other designated agency as in section 571-31(c). The failure of a parent, guardian, or other legal custodian to produce the child in court or at the other designated agency as required by an authorized notice may be pursued as provided in section 571-31(d).  (c) For cases diverted under subsection (a)(3)(A), intake officers shall compile reports at least monthly enumerating the aggregate number of cases diverted and the types of alleged offenses precipitating the referral of the child to the court. These reports shall be submitted to the administrator of the juvenile client services branch in each judicial circuit, who shall compile the reports into an annual report for each judicial circuit, to be submitted to the board of family court judges and the Hawaii juvenile justice state advisory council. [L 1980, c 303, pt of §5(3); am L 1988, c 294, §3; am L 2014, c 201, §9] Rules of Court  Intake procedure, see HFCR rule 123.
HI Rev Stat § 571-31.3 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-31.3 Voluntary assistance.

  §571-31.3 Voluntary assistance. A child or the child's parent, guardian, or legal custodian may voluntarily apply to the court or other designated agency to obtain appropriate services, including family conciliation and counseling, regarding issues or problems involving the child which are not being successfully resolved within the family. Upon such application, the court or other designated agency shall render appropriate services to the child and the family or assist in securing such services from other appropriate agencies. [L 1980, c 303, pt of §5(3); am L 1988, c 294, §4]
HI Rev Stat § 571-31.5 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-31.5 Informal adjustment, status offenders.

  §571-31.5 Informal adjustment, status offenders. (a) When a child reasonably believed to come within section 571-11(2) is referred to the court or other designated agency, informal adjustment shall be provided to the child by an intake officer duly authorized by the family court only where the facts reasonably appear to establish prima facie jurisdiction and are admitted and where a consent is obtained from the child's parent, guardian, or legal custodian, and the child, if of sufficient age and understanding. Informal adjustment under this section may include, among other suitable methods, programs, and procedures, listed in section 571-31.4(c), except section 571-31.4(c)(1), and provided that placement with shelter facilities under section 571-31.4(c)(9) shall be on a nonsecure basis unless the child is processed under subsection (b).  (b) In the event resources and services for informal adjustment are not available, have failed, are reasonably believed to fail if attempted, or are unable to respond to the needs of the child or family, the intake officer shall proceed with formal action, or take such action as is otherwise allowed under this chapter. [L 1980, c 303, pt of §5(3); am L 1988, c 294, §6; am L 2014, c 201, §11] Rules of Court  Informal adjustment, see HFCR rule 124.
HI Rev Stat § 571-31.6 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-31.6 Informal adjustment, minor who may be both law violator and status offender.

  §571-31.6 Informal adjustment, minor who may be both law violator and status offender. 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. [L 1980, c 303, pt of §5(3); am L 2014, c 201, §12] Rules of Court  Informal adjustment, see HFCR rule 124.
HI Rev Stat § 571-32.1 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-32.1 Contract and fee-for-service accommodations.

  §571-32.1 Contract and fee-for-service accommodations. To provide for children under section 571-32, the family court may provide, on a contractual or on fee-for-service basis, accommodations in child caring institutions or foster boarding homes which meet the intent of section 346-17. [L 1980, c 303, §9(2)]
HI Rev Stat § 571-33 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-33 Detention and shelter facilities.

  §571-33 Detention and shelter facilities. Provisions shall be made for the temporary detention of children or minors in a detention home, to be conducted as an agency of the court; or the court may arrange for the care and custody of such children or minors temporarily in private homes subject to the supervision of the court, or may arrange with any institution or agency to receive for temporary care and custody children or minors within the jurisdiction of the court.  When a detention home is established as an agency of the court, the judge may appoint a director of detention services and other necessary employees for such home in the same manner as is provided by law for the appointment of other employees of the court.  A detention home established in any circuit may be used for the temporary detention of children or minors ordered to be detained by the court of another circuit. The use shall be subject to the approval of the judge of the court of the circuit in which the detention home is situated, upon such terms and conditions as may be established by the judge.  The family court shall also provide nonsecure shelter facilities separate from detention facilities. In referring minors to a nonsecure shelter, the court shall consider the minor's background, degree of involvement in illegal and antisocial activities, current behavioral patterns, and any other relevant criteria to determine placement. [L 1965, c 232, pt of §1; Supp, §333-18; HRS §571-33; am L 1988, c 294, §7] Rules of Court  Shelter and detention, see Hawaii Family Court Rules, part D(V).
HI Rev Stat § 571-34 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-34 Criminal history record checks.

  §571-34 Criminal history record checks. The judiciary shall develop standards to ensure the reputable and responsible character of employees of detention facilities defined in this chapter which shall include but not be limited to criminal history record checks. All employees and applicants for employment at facilities established under section 571-33 shall be subject to criminal history record checks and shall provide consent to the judiciary to obtain other criminal history record information for verification. The judiciary shall obtain criminal history record information through the Hawaii criminal justice data center on all employees and applicants. The judiciary may terminate an employee or deny employment to an applicant who was convicted of a crime and if the judiciary finds that the criminal history record indicates that the employee or applicant poses a risk to the health, safety, security, or well-being of youths under detention. [L 1985, c 209, §7; am L 2003, c 95, §15(2)]
HI Rev Stat § 571-41.1 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-41.1 Extradition of minors to Hawaii.

  §571-41.1 Extradition of minors to Hawaii. Any person who violates, or is alleged to have violated, any law of this State defining a crime, and is at the time of the offense under the age of eighteen years, and who thereafter flees from this State may be proceeded against in the manner provided by chapter 832. Upon return of such person to this State by extradition or otherwise, proceedings shall be commenced in the manner provided for in this chapter. [L 1977, c 119, pt of §1; am L 1980, c 303, pt of §7(5)]
HI Rev Stat § 571-41.2 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-41.2 Extradition of minors from Hawaii.

  §571-41.2 Extradition of minors from Hawaii. Any person who violates, or is alleged to have violated, any law of another state defining a crime and is at the time of the offense under the age of eighteen years, and who thereafter flees from that state and is found in this State may be proceeded against in the manner provided for in chapter 832. The circuit judge shall, for the purpose of detention, hold a hearing to determine whether the juvenile should be detained at the juvenile detention home or detention facility or in any other appropriate setting. [L 1977, c 119, pt of §1; am L 1980, c 303, pt of §7(5)]
HI Rev Stat § 571-42 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-42 Procedure in adult cases.

  §571-42 Procedure in adult cases. (a) In any criminal proceeding arising under section 571-14, except as to cases involving abuse of a family or household member, the court, with the consent of the defendant or the parties in interest, may make a preliminary investigation and such adjustment as is practicable, without prosecution. The procedure and disposition applicable in the trial of cases arising under section 571-14, including cases involving abuse of a family or household member, in a criminal court shall be applicable to any trial of these cases by the family court. On request of the court, the appropriate prosecuting officer shall prepare and prosecute any criminal case within the purview of section 571-14.  (b) Where in the judge's opinion it is necessary to protect the welfare of the persons before the court, the judge may conduct hearings in chambers and may exclude persons having no direct interest in the case.  (c) In proceedings arising under section [571-14(a)(3), (4), or (5)], the court may make a preliminary investigation and, with the consent of the parties in interest, may make such adjustment as is practicable without further formal procedures.  (d) In any noncriminal proceeding arising under section 571-14, any findings of fact or disposition shall be based upon a preponderance of evidence admissible under the rules of evidence applicable to the trial of civil cases. [L 1965, c 232, pt of §1; Supp, §333-20; HRS §571-42; am L 1976, c 85, §10; gen ch 1985; am L 1997, c 25, §1] Rules of Court  Findings by court, see HFCR rule 52. Case Notes  Informal adjustment is clearly addressed to the discretion of the trial court. 8 H. App. 497, 810 P.2d 668 (1991).  Informal adjustment done after defendant entered guilty plea to charge of abuse of family and household members ( §709-906), was not done "without prosecution". 10 H. App. 148, 861 P.2d 759 (1993).  No equal protection violation for use of preponderance of evidence standard of proof for §586-5.5 as family and household members not suspect class and rational basis underlying this standard adopted by legislature under this chapter for chapter 586 was to facilitate and expedite judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404 (1997).  Under §571-14(a)(8) and this section, family court is vested with exclusive jurisdiction over chapter 586 proceedings and applicable standard of proof to be applied in those proceedings is preponderance of the evidence. 85 H. 197 (App.), 940 P.2d 404 (1997).
HI Rev Stat § 571-43 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-43 Additional remedies not pleaded.

  §571-43 Additional remedies not pleaded. When it appears, during the course of any trial, hearing, or proceeding, that some action or remedy other than or in addition to those indicated by the petition or other pleadings appears appropriate, the court may, provided all necessary parties consent, proceed to hear and determine forthwith the additional or other issues as though originally properly sought and pleaded. [L 1965, c 232, pt of §1; Supp, §333-21; HRS §571-43]
HI Rev Stat § 571-44 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-44 Physical or mental examination and treatment.

  §571-44 Physical or mental examination and treatment. The court may order that a child or minor concerning whom a petition has been filed shall be examined by a physician, surgeon, psychiatrist, or psychologist, and it may order treatment, by them, of a child or minor who has been adjudicated by the court. For either the examination or treatment, the court may place the child or minor in a hospital or other suitable facility. The court, after hearing, may order examination by a physician, surgeon, psychiatrist, or psychologist, of a parent or guardian whose ability to care for a child before the court is at issue.   No child under the age of twelve shall be adjudged to come within section 571-11(1) without the written recommendation of a licensed psychologist or of a psychiatrist or other physician duly qualified by special training and experience in the practice of child psychiatry. [L 1965, c 232, pt of §1; Supp, §333-22; HRS §571-44; am L 1986, c 119, §1] Rules of Court  Physical and mental examinations, see HFCR rule 35. Case Notes  Where minor was adjudicated for alleged law violations without the statutorily required recommendation of a qualified physician or psychologist, pursuant to this section, and without the constitutional protections that apply to proceedings conducted under §571-11(1) jurisdiction, the family court erred in proceeding under §571-11(2) jurisdiction based on the material allegations of the amended petition filed against minor. 123 H. 184, 231 P.3d 457 (2010).
HI Rev Stat § 571-46.1 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-46.1 Joint custody.

  §571-46.1 Joint custody. (a) Upon the application of either parent, joint custody may be awarded in the discretion of the court. For the purpose of assisting the court in making a determination whether an award of joint custody is appropriate, the court shall, upon the request of either party, direct that an investigation be conducted pursuant to the provisions of section 571-46(a)(4).  (b) For the purposes of this section, "joint custody" means an order awarding legal custody of the minor child or children to both parents and providing that physical custody shall be shared by the parents, pursuant to a parenting plan developed pursuant to section 571-46.5, in such a way as to assure the child or children of frequent, continuing, and meaningful contact with both parents; provided, however, that such order may award joint legal custody without awarding joint physical custody.  (c) Any order for joint custody may be modified or terminated upon the petition of one or both parents or on the court's own motion if it is shown that the best interests of the child require modification or termination of the order.  (d) Any order for the custody of the minor child or children of a marriage entered by a court in this State or any other state may, subject to the jurisdictional requirements set forth in sections 583A-201 to 583A-204, be modified at any time to an order of joint custody in accordance with this section. [L 1980, c 52, §2; am L 2002, c 124, §3; am L 2005, c 244, §4; am L 2008, c 114, §3] Law Journals and Reviews  Hawaii's Statewide Child Support Guidelines. 14 HBJ, no. 13, at 9 (2011). Case Notes  Where joint custodial parents are deadlocked regarding an important decision implicating their child's future or welfare, such an impasse qualifies as a material change in circumstances sufficient to warrant the family court's consideration of a change in the custody order's terms with respect to the deadlocked matter. 133 H. 415 (App.), 329 P.3d 320 (2014).
HI Rev Stat § 571-46.2 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-46.2 Orders relating to custody and visitation cases.

  §571-46.2 Orders relating to custody and visitation cases. 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. [L 1988, c 180, §1]
HI Rev Stat § 571-46.4 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-46.4 Child custody evaluators; qualification; registry; complaints.

  §571-46.4 Child custody evaluators; qualification; registry; complaints. (a) 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) Physician under chapter 453 and is a board certified psychiatrist or has completed a residency in psychiatry;  (2) Psychologist under chapter 465;  (3) Marriage and family therapist under chapter 451J; or  (4) Clinical social worker under section 467E-7(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 that person as a fact-finding investigator to the court.  (c) 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.  (d) 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.  (e) 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]
HI Rev Stat § 571-46.6 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-46.6 Criteria and procedure in awarding custody and visitation; disability.

  §571-46.6 Criteria and procedure in awarding custody and visitation; disability. The court shall not consider the disability of a person seeking custody or visitation of a minor to be the sole factor in the court's determination made pursuant to this part. If the court makes a determination to deny custody or visitation to a person who is disabled, the court shall make specific written findings stating the basis for this determination. The party attempting to demonstrate that the disability of a person seeking custody or visitation impairs the person's ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency. [L 2019, c 259, §4]
HI Rev Stat § 571-47 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-47 Determination of parentage of child born in wedlock.

  §571-47 Determination of parentage of child born in wedlock. Whenever, in any action involving the custody or support of a child apparently born in lawful wedlock, the parentage of the child is placed in issue, the court may make the child a party to the action, if not already a party, and shall thereupon determine the parentage of the child as one of the issues in the action. The court shall 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 any or all parties as the circumstances may justify. In the event the child is not made a party to the action, a determination that the child was not born to parents married to each other at the time of the child's birth shall not be binding upon the child. [L 1967, c 56, §5; HRS §571-47; am L 1997, c 52, §4] Cross References  Parentage, see § §338-21, 577-14, and chapter 584. Rules of Court  Guardians ad litem, see HFCR rule 17(c).  Parties, see Hawaii Family Court Rules, part A(IV). Case Notes  Determination of illegitimacy made in foreign divorce proceeding to which child not a party, admissibility in evidence considered. 49 H. 273, 287-300, 414 P.2d 925 (1966).