reglab/statecodes huggingface dataset:
2023 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.
2023 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]
2023 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.
2023 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.
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-31.8 Contact with counsel; parent, guardian, or legal custodian; consultation.

§571-31.8 Contact with counsel; parent, guardian, or legal custodian; consultation.
(a) Before the waiver of any right against self-incrimination by and before a custodial interrogation of a child under eighteen years of age, the child shall have contact with legal counsel in person, by telephone, or by video conference, and shall also, to the extent practicable, have contact with a parent, guardian, or legal custodian in person, by telephone, or by video conference. The contact may not be waived.
(b) The court, in determining the admissibility of statements of a child under eighteen years of age made during or after the waiver of any right against self-incrimination or during or after a custodial interrogation, shall consider the effect of any failure of the officer who had custody of the child to take steps to comply with subsection (a).
(c) Any officer who has arrested a child under eighteen years of age shall notify the child's parent, guardian, or legal custodian that the child has been arrested and shall provide the location of the child's detainment. [L 2023, c 180, §3]
2023 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)]
2023 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).
2023 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)]
2023 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)]
2023 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)]
2023 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).
2023 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]
2023 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).
2023 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).
2023 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]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-46.5 Parenting plans. (a) For every action that includes a contested custody of children, both parties or both parents shall develop either a mutually agreed-upon general parenting plan or separate individually-desired parenting plan, and file the plan at the outset of the action. (b) A parenting plan may include a general outline relating to parental responsibilities and parenting time. A general parenting plan may also allow the parents to develop a more detailed agreement on an informal basis. (c) A detailed parenting plan may include, but is not limited to, provisions relating to: (1) Residential schedule; (2) Holiday, birthday, and vacation planning; (3) Parental decision-making and responsibility; (4) Breastfeeding, if applicable; (5) Information sharing and access; (6) Relocation of parents; (7) Telephone access and other means of communication; (8) Right of first refusal procedures; (9) Transportation; and (10) Methods for changing or enforcing the parenting plan and for resolving disputes. (d) If the parties cannot agree on a parenting plan, the court may: (1) Order the parties to participate in alternative dispute resolution and in counseling with a person with professional experience in child custody or parenting issues, or with other appropriate education, unless there is a finding of family violence; and (2) Develop and file a detailed parenting plan when requested by either of the parties or parents. (e) The court or the parties may revise and amend the parenting plan from time to time. [L 2005, c 244, §1]

§571-46.5
Parenting plans.
(a) For every action that includes a contested custody of children, both parties or both parents shall develop either a mutually agreed-upon general parenting plan or separate individually-desired parenting plan, and file the plan at the outset of the action.
(b) A parenting plan may include a general outline relating to parental responsibilities and parenting time. A general parenting plan may also allow the parents to develop a more detailed agreement on an informal basis.
(c) A detailed parenting plan may include, but is not limited to, provisions relating to:
(1) Residential schedule;
(2) Holiday, birthday, and vacation planning;
(3) Parental decision-making and responsibility;
(4) Breastfeeding, if applicable;
(5) Information sharing and access;
(6) Relocation of parents;
(7) Telephone access and other means of communication;
(8) Right of first refusal procedures;
(9) Transportation; and
(10) Methods for changing or enforcing the parenting plan and for resolving disputes.
(d) If the parties cannot agree on a parenting plan, the court may:
(1) Order the parties to participate in alternative dispute resolution and in counseling with a person with professional experience in child custody or parenting issues, or with other appropriate education, unless there is a finding of family violence; and
(2) Develop and file a detailed parenting plan when requested by either of the parties or parents.
(e) The court or the parties may revise and amend the parenting plan from time to time. [L 2005, c 244, §1]
2023 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]
2023 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).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-48.6 Earned discharge from probation; reporting requirements.

§571-48.6 Earned discharge from probation; reporting requirements.
(a) A child placed on probation pursuant to section 571-48(1)(A) shall be eligible to receive earned discharge credits to reduce the length of the probation term. Earned discharge credits shall reduce the term of probation by thirty days for each calendar month of compliance with the rules and conditions of probation.
(b) A child is deemed to be compliant with the rules and conditions of probation, and shall be awarded earned discharge credits for the month, if there was no violation of rules and conditions of probation that month at a level that would warrant the filing of a petition or violation report. The court, at the request of the probation officer or on its own motion, may award discharge credits to children who have demonstrated substantial compliance with the rules and conditions of probation.
(c) The judiciary shall adopt guidelines and procedures for the awarding of earned credits for discharge from probation.
(d) Each administrator of the juvenile client services branch in each judicial circuit shall annually provide to the board of family court judges and the Hawaii juvenile justice state advisory council, the number and per cent of youth who received earned discharge credits and the number of credits earned by each youth. [L 2014, c 201, pt of §3]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-51 Support of minor committed for study or care.

§571-51 Support of minor committed for study or care.
Whenever legal custody of a minor is given by the court to someone other than the minor's parents, or when a minor is given medical, psychological, or psychiatric study or treatment under order of the court, and no provision is otherwise made by law for the support of the minor or for payment for such treatment, compensation for the study and treatment of the minor, when approved by order of the court, shall, if necessary, be paid out of such moneys as may be appropriated for the expenses of the court. After giving the parent a reasonable opportunity to be heard, the court may order and decree that the parent shall pay, in such manner as the court may direct, a reasonable sum that will cover in whole or in part the support and treatment of the minor given after the decree is entered. If the parent wilfully fails or refuses to pay such sum, the court may proceed against the parent as for contempt, or the order may be filed and shall have the effect of a civil judgment.
Compensation may be made to a nongovernmental agency, provided that it shall make periodic reports to the court or to an agency designated by the court concerning the care and treatment the minor is receiving and the minor's response to such treatment. These reports shall be made as frequently as the court deems necessary and shall be made with respect to every such minor at intervals not exceeding six months. The agency shall also afford an opportunity for a representative of the court or of an agency designated by the court to visit, examine, or consult with the minor as frequently as the court deems necessary. [L 1965, c 232, pt of §1; Supp, §333-27; HRS §571-51; gen ch 1985]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-52.3 Immediate income withholding.

§571-52.3 Immediate income withholding.
In any case where child support is an issue, and an order for child support is established or modified, and the obligor receives income on a periodic basis, the court shall concurrently enter an order for immediate income withholding which shall operate as an assignment by the person to the child support enforcement agency for the benefit of the child of such amounts at such times as may be specified in the support order. Such order may also include child support arrears and reimbursement of debt pursuant to section 346-37.1. The provisions of section 571-52.2(d), (e), (f), (g), (l), (m), and (n) shall apply to all orders for immediate income withholding issued under this section. [L 1988, c 200, §2; am L 1990, c 152, §2]
Case Notes
Impracticality did not excuse father from income withholding under this section. 82 H. 543 (App.), 923 P.2d 960 (1996).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-52.5 Guidelines to determine child support amounts.

§571-52.5 Guidelines to determine child support amounts.
When the court establishes or modifies the amount of child support required to be paid by a parent, the court shall use the guidelines established under section 576D-7, except when exceptional circumstances warrant departure. [L 1986, c 332, pt of §4]
Case Notes
Agreement to pay all post-high school education expenses is not an exceptional circumstance allowing lower child support payment than specified in guidelines; guidelines do not take precedence over the parties' agreement to pay more than the guidelines specify, but they do take precedence over the parties' agreements to pay less. 7 H. App. 221, 751 P.2d 93 (1988).
Whether facts constitute exceptional circumstances is a question of law. 7 H. App. 345, 764 P.2d 1250 (1988).
Neither expenses for a second vehicle nor preschool expenses of another child of non-custodial obligor parent supported a finding of exceptional circumstance. 88 H. 456 (App.), 967 P.2d 653 (1998).
Assuming arguendo that this section and §584-15 embrace the same subject matter, it cannot be said as a matter of statutory construction that this section ousts §584-15 in the matter of past child support; §584-15(d) affords the court discretion to limit past child support to a proportion of the expenses already incurred on behalf of the child that it deems just. 98 H. 58 (App.), 41 P.3d 720 (2001).
With the consent of the payor-parent, the family court is authorized to enter an order barring the payor-parent, for a period of three years, from seeking a reduction in court-ordered child support. 101 H. 37 (App.), 61 P.3d 548 (2002).
Family court was not authorized to delegate to the child support enforcement agency the duty of deciding the dollar amount of child support to be paid. 112 H. 225 (App.), 145 P.3d 768 (2006).
Where family court clearly erred in its calculation of both parents' monthly gross incomes, the resulting child support award was clearly erroneous. 134 H. 431 (App.), 341 P.3d 1231 (2014).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-52.6 Child support order, judgment, or decree; accident and health or sickness insurance coverage.

§571-52.6 Child support order, judgment, or decree; accident and health or sickness insurance coverage.
Each order, judgment, or decree under this chapter or chapter 576B, 580, or 584 ordering a person to pay child support shall include the following provisions:
(1) Both the obligor and the obligee are required to file with the state case registry, through the child support enforcement agency, upon entry of the child support order and to update as appropriate, information on the identity and location of the party, including social security number, residential and mailing addresses, telephone number, driver's license number if different from social security number, and name, address, and telephone number of the party's employer; and
(2) The liability of that person for accident and health or sickness insurance coverage when available at reasonable cost. [L 1986, c 332, pt of §4; am L 1997, c 293, §24 and c 295, §3; am L 2019, c 111, §39]
Law Journals and Reviews
Hawaii's Statewide Child Support Guidelines. 14 HBJ, no. 13, at 9 (2011).
Case Notes
Relevant cost used to determine reasonable cost is the net cost difference between coverage and noncoverage. 7 H. App. 345, 764 P.2d 1250 (1988).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-52.7 Award of costs and reasonable attorneys' fees.

§571-52.7 Award of costs and reasonable attorneys' fees.
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. [L 1994, c 247, §1]
Case Notes
Family court erred in limiting plaintiff ex-wife's award of attorney's fees to a lodestar amount with no consideration given to a contingent fee enhancement; this section is a fee-shifting statute designed to "attract competent counsel" and a contingent fee enhancement should have at least been considered by the family court. 97 H. 160 (App.), 34 P.3d 1059 (2001).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-53 Signing of papers.

§571-53 Signing of papers.
Unless otherwise specifically provided by law, any decree, order to show cause, injunction, summons, subpoena, warrant, or notice issued by the court in connection with any case or cause, shall have the same validity, force, and effect whether signed by a judge, a district family judge, or a clerk of the court. [L 1967, c 56, §3; HRS §571-53; am L 1973, c 219, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-55 Certification in lieu of oath.

§571-55 Certification in lieu of oath.
Whenever any testimony, declaration, deposition, certification or pleading in the family court is required or authorized to be on oath or affirmation, the person so required or authorized may testify, declare, depose, certify, or plead under "penalty of perjury" in such form as may be prescribed by the court. [L 1970, c 17, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-56 Offense.

§571-56 Offense.
A person who makes a false statement which the person does not believe to be true commits an offense whether the false statement is made under an oath required or authorized by law or under "penalty of perjury" as authorized by section 571-55. [L 1970, c 17, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-57 Penalty.

§571-57 Penalty.
The penalty for the offense of making a false statement under "penalty of perjury" shall be the same as would apply if the false statement had been made under oath or affirmation required or authorized by law. [L 1970, c 17, pt of §1]
Cross References
Perjury and related offenses, see § §710-1060 to 710-1069.5.
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-62 Hearing; investigation and report.

§571-62 Hearing; investigation and report.
Every petition under section 571-61 shall be filed in duplicate and the clerk of the court in which the same is filed shall immediately forward a copy of the petition, and of the notice of the time and place of the hearing thereof, to the director of the department of human services. The director shall be permitted to appear and be heard at any such hearing on behalf of the petitioner or the child or minor or the State and shall have the same right of appeal as any party to the proceeding. The attorney general shall, at the request of the director, represent and defend the interests of the department in any such proceeding. Upon the request of any petitioning parent or parents or upon the request of the department of human services, any child-placing organization, approved by the department under section 346-17, shall be permitted to appear together with or in place of the department.
If any petitioner or the department or any such child-placing organization approved by the department or any parent whose rights are sought to be terminated requests of the court a continuance of the hearing for the purpose of permitting an objective investigation of the circumstances of the minor and the parent or parents concerned, no judgment of termination shall be entered prior to the expiration of thirty days from the date of the request or until the earlier date of the filing of a report of the investigation. If the petition has been filed by or at the request of the department of human services or any such child-placing organization, or, in the event that a continuance has been requested as above provided, the department of human services shall prepare or procure and file in the termination proceeding a report of the facts disclosed as a result of investigation of the circumstances of the minor and the parent or parents whose rights are sought to be terminated. The court may, for good cause, grant extensions of the time within which such report must be filed. Any such report shall be incorporated in the record of the proceeding and shall be considered by the court in determining the issues presented by the petition. The court may, if it deems such action necessary, appoint a guardian ad litem to represent and defend the interests of the child or minor or of any minor parent. [L 1965, c 232, pt of §1; Supp, §333-30; HRS §571-62; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 1990, c 34, §34]
Rules of Court
Guardians ad litem, see HFCR rule 17(c).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-71 Juvenile crime prevention bureau; establishment of.

§571-71 Juvenile crime prevention bureau; establishment of.
Any chief of police may establish as a subdivision of the police department under the chief's jurisdiction a juvenile crime prevention bureau, to be maintained and conducted as hereinafter provided. [L 1965, c 232, pt of §1; Supp, §333-32; HRS §571-71; gen ch 1985]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-72 Duties and powers; reports; expungement of juvenile arrest records.

§571-72 Duties and powers; reports; expungement of juvenile arrest records.
(a) The juvenile division or section shall direct its attention specifically to the suppression, prevention, and investigation of crimes committed by children under the age of eighteen years, and any police officer shall have the power and authority to take and detain any minor coming under section 571-11 at the division or section or other suitable places for questioning and investigation. If it appears upon conclusion of the investigation that the minor does come within such provisions, the minor may be counseled and released, and follow-up counseling provided or the minor may be referred to the family court or to a proper agency for treatment, and a written report of the findings of the officer shall be submitted to the court or agency.
(b) Upon receipt of an expungement order issued by the family court under section 571-88, the police shall expunge the arrest record of the minor. [L 1965, c 232, pt of §1; Supp, §333-33; HRS §571-72; am L 1976, c 85, §16; am L 1980, c 303, §3(1); am L 2001, c 233, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-73 No limitations on family courts.

§571-73 No limitations on family courts.
Nothing in section 571-71 or 571-72 shall be construed to divest family courts of any of their powers, but the same shall specifically grant to the police departments of the several counties the power to take; detain; question; investigate; provide outreach, counsel, release, and follow-up services; and refer to appropriate social or other agencies, private or governmental, as the facts of the case appear to justify, minors coming within section 571-72, subject, however, to sections 571-31 and 571-32. [L 1965, c 232, pt of §1; Supp, §333-34; HRS §571-73; am L 1980, c 303, §3(2)]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-74 Rules and standards; investigation and questioning; fingerprinting and photographing.

§571-74
Rules and standards; investigation and questioning; fingerprinting and photographing.
The judges of the family courts shall make such rules and set up such standards of investigation and questioning as they consider necessary to guide and control the police, within their respective jurisdictions, in the handling of cases involving minors coming within provisions of this chapter. The rules and standards may include limitations and restrictions concerning the fingerprinting and photographing of any child in police custody, except that when any child of the age of twelve years or older who comes within section 571-11(1) is taken into custody for committing an act which, if committed by an adult would be a felony, a misdemeanor, or a petty misdemeanor any limitation or restriction concerning fingerprinting shall not apply. The police shall report all police designated fields of information collected on juvenile offenders to the juvenile justice information system. The rules shall be enforceable as orders of the court. [L 1965, c 232, pt of §1; Supp, §333-35; HRS §571-74; am L 1977, c 172, §1; am L 1991, c 311, §4; am L 1995, c 100, §1; am L 1997, c 292, §1]
Cross References
Juvenile justice information system, see chapter 846D.
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-81 Contempt of court.

§571-81 Contempt of court.
(a) Any adult who wilfully violates, neglects, or refuses to obey or perform any lawful order of the court may be proceeded against for contempt of court. Any adult found in contempt of court may be punished as provided by law.
(b) When a court of competent jurisdiction issues an order compelling a parent to furnish support, including child support, medical support, or other remedial care, for the parent's child, it shall constitute prima facie evidence of a civil contempt of court upon proof that:
(1) The order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced; and
(2) The parent did not comply with the order.
An order of civil contempt of court based on prima facie evidence under this subsection shall clearly state that the failure to comply with the order of civil contempt of court may subject the parent to a penalty that may include imprisonment or, if imprisonment is immediately ordered, the conditions that must be met for release from imprisonment. A party may also prove civil contempt of court by means other than prima facie evidence under this subsection. [L 1965, c 232, pt of §1; Supp, §333-36; HRS §571-81; am L 2008, c 157, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-82 Court sessions; quarters.

§571-82 Court sessions; quarters.
Sessions of the court shall be held at such places as the court shall determine, subject to section 603-14. [L 1965, c 232, pt of §1; Supp, §333-37; HRS §571-82; am L 1973, c 211, §1(j)]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-83 Court and witness fees.

§571-83 Court and witness fees.
In proceedings under section 571-11(1), (2), or (9), no court fees shall be charged against, and no witness fees shall be allowed to, any party to a petition. No officer of the State or of any political subdivision thereof shall be entitled to receive any fee for the service of process or for attendance in court in any such proceedings except as otherwise provided in this chapter. All other persons acting under orders of the court may be paid for service of process and attendance or service as witnesses, the fees provided by law to be paid from the proper appropriation when the allowances are certified to by the judge. [L 1965, c 232, pt of §1; Supp, §333-38; HRS §571-83; am L 2006, c 20, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-84.5 Support order, decree, judgment, or acknowledgment; social security number

§571-84.5 Support order, decree, judgment, or acknowledgment; social security number
. The social security number of any individual who is a party to a divorce decree, or subject to a support order or paternity determination, or has made an acknowledgment of paternity issued under this chapter or chapter 576B, 580, or 584 shall be placed in the records relating to the matter. [L 1997, c 293, §5; am L 1998, c 11, §28]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-84.6 Minor law violators; proceedings and records not confidential.

§571-84.6 Minor law violators; proceedings and records not confidential.
(a) As used in this section:
"Legal record" means petitions, complaints, motions, and other papers filed in any case; transcripts of testimony taken by the court; and findings, judgments, orders, decrees, and other papers and adjudication data, other than social records, filed in proceedings before the court.
"Social record" means those social and clinical studies, reports, or examinations prepared in any case pursuant to this chapter.
(b) Notwithstanding any other law to the contrary, in any proceeding in which a minor age fourteen years of age or older has been adjudicated by the court under section 571-11(1) for an act that if committed by an adult would:
(1) Be murder in the first degree or second degree or attempted murder in the first degree;
(2) Result in serious bodily injury to or death of a victim;
(3) Be a class A felony; or
(4) Be a felony and the minor has more than one prior adjudication for acts that would constitute felonies if committed by an adult,
all legal records related to the above stated proceeding shall be open for public inspection, unless the administrative judge of the family court or the judge's designee finds in writing that there are significant and compelling circumstances peculiar to the case of such a nature that public inspection would be inconsistent with or defeat the express purpose of this section. All social records shall be kept confidential except as provided in section 571-84.
(c) Notwithstanding any other law to the contrary, in any case in which a minor age sixteen years of age or older comes within section 571-11(1) is taken into custody for an act that if committed by an adult would:
(1) Be murder in the first degree or second degree or attempted murder in the first degree;
(2) Result in serious bodily injury to or death of a victim;
(3) Be a class A felony and the minor has one or more prior adjudications for an act that would constitute a felony if committed by an adult; or
(4) Be a class B or C felony and the minor has more than one prior adjudication for acts that would constitute felonies if committed by an adult,
all legal proceedings related to the above stated case shall be open to the public unless the administrative judge of the family court or the judge's designee finds in writing that there are significant and compelling circumstances peculiar to the case of such a nature that an open proceeding would be inconsistent with or defeat the express purpose of this section. [L 1997, c 317, §2; am L 1999, c 139, §3]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-85 Authority of probation officers; additional probation officers.

§571-85 Authority of probation officers; additional probation officers.
Within the scope of their duties, probation officers appointed under this chapter shall have the powers and privileges of a police officer. In addition to the probation officers appointed under section 571-6, the judges of the family courts may appoint special probation officers who shall serve without pay but who shall be entitled to be reimbursed for any cost or expense incurred by them in connection with the performance of their duties as defined by the judge. [L 1965, c 232, pt of §1; Supp, §333-40; HRS §571-85]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-86 Cooperation.

§571-86 Cooperation.
Every public official or department shall render all assistance and cooperation within the official's or its jurisdictional power which may further the objects of this chapter. The court may seek the cooperation of organizations whose object is to protect or aid children and family life. [L 1965, c 232, pt of §1; Supp, §333-41; HRS §571-86; gen ch 1985]