reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-3.5 Property damage, parental responsibility. (a) The parents or legal guardians of a minor child shall be jointly and severally liable for graffiti damage caused by the minor to real or personal property, whether publicly or privately owned. As used in this section, "graffiti" means any unauthorized drawing, inscription, figure, or marking created by paint, ink, chalk, dye, or similar substances. (b) In addition to any other lawful orders, if a minor is found under chapter 571 to have committed an act constituting graffiti, the court shall: (1) Require the minor, the parents, or the legal guardians to remove the graffiti from the affected property within sixty days of the order and pay for the cost of paint and materials; or if appropriate, pay for the actual cost of having the damaged property repaired or replaced; and (2) Order the minor to perform a minimum of eighty hours of community service to remove graffiti from other properties. (c) Nothing in this section shall affect the right of any person to maintain a civil action arising out of graffiti damage to property. [L 1995, c 227, §1; am L 2007, c 196, §1] Cross References Graffiti. County property, see §46-1.5. Criminal property damage, see § §708-820 to 708-823.6.

§577-3.5
Property damage, parental responsibility.
(a) The parents or legal guardians of a minor child shall be jointly and severally liable for graffiti damage caused by the minor to real or personal property, whether publicly or privately owned. As used in this section, "graffiti" means any unauthorized drawing, inscription, figure, or marking created by paint, ink, chalk, dye, or similar substances.
(b) In addition to any other lawful orders, if a minor is found under chapter 571 to have committed an act constituting graffiti, the court shall:
(1) Require the minor, the parents, or the legal guardians to remove the graffiti from the affected property within sixty days of the order and pay for the cost of paint and materials; or if appropriate, pay for the actual cost of having the damaged property repaired or replaced; and
(2) Order the minor to perform a minimum of eighty hours of community service to remove graffiti from other properties.
(c) Nothing in this section shall affect the right of any person to maintain a civil action arising out of graffiti damage to property. [L 1995, c 227, §1; am L 2007, c 196, §1]
Cross References
Graffiti.
County property, see §46-1.5.
Criminal property damage, see § §708-820 to 708-823.6.
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-4 Stepparent; when required to support stepchild.

§577-4 Stepparent; when required to support stepchild.
A stepparent who acts in loco parentis is bound to provide, maintain, and support the stepparent's stepchild during the residence of the child with the stepparent if the legal parents desert the child or are unable to support the child, thereby reducing the child to destitute and necessitous circumstances. [L 1957, c 79, §1; Supp, §330-3.5; HRS §577-4; gen ch 1985]
Case Notes
Legal duty to support includes reasonably necessary and available medical services. 8 H. App. 506, 810 P.2d 672 (1991).
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-6 Duty of minor children.

§577-6 Duty of minor children.
All children during their minority shall obey the lawful commands of their parents, or, the lawful commands of their natural or adoptive parents, or of the guardians appointed according to law. [PC 1869, c 79, §5; RL 1925, §3044; am L 1931, c 77, §2; RL 1935, §4512; RL 1945, §12263; RL 1955, §330-4; HRS §577-6; am L 1975, c 77, §1(2)]
Case Notes
A child adopted by law is bound to obey the lawful and moral commands of the parents by adoption. 8 H. 40 (1890).
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-7 Parents' control and duties.

§577-7 Parents' control and duties.
(a) Parents or, in case they are both deceased, guardians, legally appointed, shall have control over the conduct and education of their minor children. They shall have the right, at all times, to recover the physical custody of their children by habeas corpus. All parents and guardians shall provide, to the best of their abilities, for the discipline, support, and education of their children.
(b) To the extent that the minor child has a beneficial interest in the income or principal of any trust which is applied for such purposes, parents or guardians shall not be required to pay the costs of registration, tuition, books, room and board, and other expenses incurred in connection with the attendance of a minor child at any private grammar, secondary, industrial arts or trade school, or at any college or university, whether or not the college or university is a private institution or is maintained by a state or any subdivision thereof. The power of the family court under sections 580-47 and 580-74 to compel the parties to a divorce or separation to provide for the education of a minor or an adult child shall not be limited by any provision of this subsection. [L 1864, p 47; RL 1925, §3045; am L 1931, c 77, §3; RL 1935, §4513; RL 1945, §12264; RL 1955, §330-5; HRS §577-7; am L 1975, c 77, §1(2); am L 1982, c 84, §1]
Case Notes
Applied in allocating to the mother damages for child's loss of support. 245 F. Supp. 981, 1014 (1965), aff'd 381 F.2d 965 (1967).
Where parents voluntarily parted and later seek recovery of their child, the reasonable wishes of the child will have controlling influence. 6 H. 386 (1883).
Parents are legal, proper and sole custodians of their children until right forfeited. 26 H. 433 (1922).
In deciding question between divorced parents as to custody of child, paramount consideration is welfare of child, technical rights not controlling. 26 H. 465 (1922); 27 H. 742 (1924); 29 H. 85 (1926). See 32 H. 731 (1933).
Duty to support and right to service under §577-3 reciprocal and correlative. 27 H. 671 (1924); 32 H. 608 (1933).
Wrongful death action of death of child, services, recovery. 37 H. 571 (1947).
Court has jurisdiction in equity to award support to child in child's action against parent. 49 H. 200, 412 P.2d 638 (1966) (decided before family court established by chapter 571).
Obligation enforceable in equitable action by child against parent. 49 H. 200, 209, 412 P.2d 638 (1966).
Duty imposed on parents by section to provide for support of their children includes reasonably necessary and available medical services. 73 H. 236, 831 P.2d 924 (1992).
The "physical harm" encompassed in the definition of family violence in §571-2 would not preclude a parent's right to use force to discipline a child as permitted by §703-309(1), and duty to discipline a child under subsection (a). 88 H. 200 (App.), 965 P.2d 133 (1998).
Cited: 45 H. 69, 72, 361 P.2d 1054 (1961).
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-7.5 Parental preferences in government contracts, programs, and services.

§577-7.5 Parental preferences in government contracts, programs, and services.
(a) The purpose of this section is to help to eliminate any preference in a state or county executive agency or judiciary contract, program, or service that favors one parent over the other in terms of child-rearing; provided that nothing in this section is intended to affect maternity benefits. This section shall not serve as a legal basis to invalidate any state, county, or judiciary contract, program, or service.
(b) All state and county executive agencies and the judiciary shall review their respective contracts, programs, and services that affect parental roles in children's health, welfare, and education and, in the sole discretion of the agency or judiciary, determine whether a preference exists that favors one parent over another in the raising of their children. If a determination in the sole discretion of the agency or the judiciary is made that a preference exists, it shall direct its staff to analyze the preference and determine whether it unfairly precludes a parent from participating in child-rearing. If so, the state or county agency or the judiciary shall seek to eliminate that preference by encouraging modifications to ensure the inclusion of both parents in all contracts, programs, and services designed to assist in the raising of children; provided that this provision shall in no instance be interpreted to reduce or negatively impact maternity leave benefits or require any changes in personnel programs or work force policies.
(c) This section shall not apply to a preference that:
(1) The state or county agency or the judiciary determines to be in the best interest of the child;
(2) Would impose an unreasonable burden on the State, a county, or the judiciary by removing a preference from existing contracts, programs, or services; or
(3) Conflicts with existing collective bargaining contracts.
(d) Each state and county executive agency and the judiciary under subsection (b) shall report to the legislature on the implementation of this section no later than twenty days before the beginning of the regular session of 2003, and annually thereafter. [L 2001, c 301, §2; am L 2002, c 162, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-9 Jury trial, when.

§577-9 Jury trial, when.
In trials of any person over the age of majority arising under sections 709-902, 709-903, 709-904, and 709-905, the person proceeded against shall have the right to a trial by jury which shall be granted as in other cases, unless waived. If the finding of the jury is against the person tried their verdict shall so state, in which event the court, in its discretion, may enter such judgment as it deems proper in the premises. [L 1925, c 167, pt of §1; RL 1935, §4516; RL 1945, §12266; RL 1955, §330-7; HRS §577-9; am L 1973, c 211, §2(a); am L 1975, c 77, §1(3)]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-10 Court having jurisdiction.

§577-10 Court having jurisdiction.
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. [L 1925, c 167, pt of §1; am L 1929, c 126, §1; RL 1935, §4517; am L 1943, c 223, §1; RL 1945, §12267; am L 1945, c 142, §5; RL 1955, §330-8; am imp L 1965, c 232, §1; HRS §577-10; am L 1973, c 211, §2(b); gen ch 1985]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-14 Children born to parents not married to each other; support.

§577-14 Children born to parents not married to each other; support.
Except as otherwise provided by law, children whose parents have not been legally married, in contemplation of chapter 572, shall be designated as children whose parents have not been married to each other at the time of the children's birth, provided that any person, who in writing duly acknowledged before an officer authorized to take acknowledgments declares himself to be the father of those children, shall be compellable to provide those children with necessary maintenance and support and to pay the expenses of the mother's pregnancy and confinement. The mothers in all cases shall be compellable to maintain and support them during their minority. [CC 1859, §1289; RL 1925, §3042; RL 1935, §4528; RL 1945, §12279; am L 1953, c 103, §1; RL 1955, §330-12; HRS §577-14; am L 1976, c 200, pt of §1; am L 1997, c 52, §7; am L 1998, c 11, §31]
Cross References
Descent of property to child born to parents not married to each other, see §532-6.
From persons born to parents not married to each other, see §532-7.
Inheritance by children, see § §560:2-114 and 580-25.
Case Notes
Illegitimate child does not inherit from grandfather. 20 H. 722 (1911).
Mother of illegitimate child entitled to custody as against stranger to whom child surrendered or given, but not adopted. 27 H. 158 (1923).
Oral statement to person that he may have custody and adopt may be revoked any time before adoption. 31 H. 328 (1930).
Parent-child relationship, evidence of; presumption. 48 H. 193, 397 P.2d 552 (1964).
Cited: 16 H. 502, 505 (1905).
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-15 Children deemed to be orphans.

§577-15 Children deemed to be orphans.
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]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-16 Curfew; children in public streets, prohibited when; penalty.

§577-16 Curfew; children in public streets, prohibited when; penalty.
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). [L 1896, c 29, §1; am L 1907, c 34, §1; am L 1913, c 124, §1; am L 1915, c 44, §1; RL 1925, §3049; RL 1935, §4530; am L 1943, c 78, pt of §1; RL 1945, §12282; am L 1949, c 279, §1; RL 1955, §330-14; am imp L 1965, c 232, §1; HRS §577-16; am L 1975, c 77, §1(5); am L 1980, c 303, §6]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-16.5 Sentencing for the violation of curfew. 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. [L 1991, c 330, §2]

§577-16.5
Sentencing for the violation of curfew.
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. [L 1991, c 330, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-18 Parents allowing children in street, prohibited when; penalty.

§577-18 Parents allowing children in street, prohibited when; penalty.
Any parent or guardian having the care, custody, and control of a child under sixteen years of age, who, except in case of necessity, knowingly, and voluntarily suffers or permits such child to go or remain on any public street, highway or public place after ten o'clock in the evening and before four o'clock in the morning, unaccompanied by an adult person thereto authorized by such parent or guardian, shall be fined not more than $100 or imprisoned not more than twenty days. [L 1896, c 29, §2; RL 1925, §3050; RL 1935, §4532; am L 1943, c 78, pt of §1; RL 1945, §12284; RL 1955, §330-16; HRS §577-18; am L 1975, c 77, §1(7)]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, 706-663.
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-19 Children prohibited in certain places, when; penalty.

§577-19 Children prohibited in certain places, when; penalty.
Any keeper of a coffee shop, ice cream parlor, victualing or billiard saloon, bowling alley, skating rink, theater, show house, or premises in which any show, moving picture, or other like public entertainment is given, who permits any child under the age of sixteen years to be or remain upon the premises or in the saloon, rink, theater, show house, or premises, or in whose premises such child may be found between the hours of ten in the evening and six in the morning, unless the child is accompanied by the child's parent or guardian, or some other adult person thereto authorized by such parent or guardian, shall be fined not more than $100. [L 1870, c 23, §1; am L 1915, c 44, §2; RL 1925, §3051; RL 1935, §4533; am L 1943, c 78, pt of §1; RL 1945, §12285; RL 1955, §330-17; HRS §577-19; am L 1975, c 77, §1(7); gen ch 1985]
Cross References
Purchasing and consumption of alcoholic beverages by minors, see §281-101.5.
Promoting drugs and intoxicating compounds to minors, see § §712-1241, 712-1244, 712-1249.5, 712-1249.6, 712-1250, and 712-1250.5.
Tobacco products and electronic smoking devices; persons under twenty-one years of age, see §712-1258.
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-20 Arrest, when in such places.

§577-20 Arrest, when in such places.
If any keeper of any of the public places enumerated in section 577-19 finds difficulty in clearing the keeper's premises of school children, the keeper may call in the assistance of the police, who shall first order all such school children to return to their homes; and, if the order is not obeyed by the children, the police shall, subject to chapter 571, proceed to apprehend all children who have not proceeded to their homes. [L 1870, c 23, §2; RL 1925, §3052; RL 1935, §4534; RL 1945, §12286; RL 1955, §330-18; am imp L 1965, c 232, §1; HRS §577-20; gen ch 1985]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-21 Curfew ordinances, effect.

§577-21 Curfew ordinances, effect.
Each of the counties may enact and enforce ordinances regulating the presence of children in public places and on public streets and roads during certain hours at night.
Upon each of the counties enacting an ordinance pertaining to curfew for children, then so far as that county is concerned, the ordinance shall have full force and effect, and shall supersede sections 577-16, 577-18, 577-19 and 577-20 until the ordinance is repealed or otherwise made invalid. [L 1963, c 63, §2; Supp, §330-18.5; HRS §577-21; am L 1975, c 77, §1(8)]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-22 Dancing partners, patrons, age limit.

§577-22 Dancing partners, patrons, age limit.
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). [L 1927, c 224, pt of §1; RL 1935, §4535; RL 1945, §12287; RL 1955, §330-19; am L 1957, c 281, §1; am imp L 1965, c 232, §1; HRS §577-22; am L 1975, c 77, §1(8); am L 1980, c 170, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-23 Parent et al. responsibility, penalty.

§577-23 Parent et al. responsibility, penalty.
Any parent, guardian, or other person having the care, custody, or control of an unmarried minor, who knowingly permits such minor to violate section 577-22, shall be fined not more than $50 or imprisoned not more than thirty days. [L 1927, c 224, pt of §1; RL 1935, §4536; RL 1945, §12288; RL 1955, §330-20; HRS §577-23; am L 1975, c 77, §1(8)]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-24 Escort's responsibility; penalty.

§577-24 Escort's responsibility; penalty.
Any person who knowingly takes, escorts, or accompanies any unmarried minor to a dance hall which the minor is prohibited from attending by section 577-22, or who invites or encourages the minor to attend such dance hall, shall be fined not more than $100 or imprisoned not more than ninety days. [L 1927, c 224, pt of §1; RL 1935, §4537; RL 1945, §12289; RL 1955, §330-21; HRS §577-24; am L 1975, c 77, §1(8)]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, 706-663.
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-26 Alcohol or drug abuse relating to minors; diagnosis, counseling, and related activities.

§577-26 Alcohol or drug abuse relating to minors; diagnosis, counseling, and related activities.
(a) A counselor, certified, licensed, or otherwise authorized by law to engage in the practice of counseling services in either or both the public and private sector, may inform the spouse, parent, custodian, or guardian of any minor who requests, is referred for, or received counseling services relating to alcohol or drug abuse.
(b) If a minor consents to receive counseling services for alcohol or drug abuse, the spouse, parent, custodian, or guardian of the minor shall not be liable for the legal obligations resulting from the furnishing of such counseling services provided by the counselor. A minor who consents to the provision of counseling services under this section shall assume financial responsibility for the costs of such services, if any.
(c) Notwithstanding any other law to the contrary, no spouse, parent, custodian, or guardian, whose consent has not been obtained or who has no prior knowledge that the minor has consented to the provision of such counseling services for alcohol or drug abuse shall be liable for the costs incurred by virtue of the minor's consent.
(d) Notwithstanding any other law to the contrary, any action to recover any debt founded upon any contract, obligation or liability under this section shall not commence until a minor has reached the age of majority; provided that said action shall commence within two years of date a minor reaches the age of majority.
(e) The consent to the provision of furnishing counseling services for alcohol or drug abuse by the counselor when executed by a minor who is or professes to suffer from alcohol or drug abuse, shall be valid and binding as if the minor had achieved the minor's majority; that is, the minor who is or professes to suffer from alcohol or drug abuse, shall be deemed to have, and shall have the same legal capacity, the infancy of the minor and any contrary provisions of law notwithstanding, and such consent shall not be subject to later disaffirmance by reason of such minority; and the consent of no other person (including but not limited to a spouse, parent, custodian, or guardian) shall be necessary in order to authorize such counseling services to such a minor.
(f) In the provision of counseling services for alcohol or drug abuse, the counselor shall seek to open the lines of communication between the minor and the spouse, parent, custodian, or guardian; provided such action is deemed beneficial in achieving the desired counseling objectives. [L 1978, c 179, §1; am L 1982, c 147, §25; gen ch 1993]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-27 Missing children; reporting.

§577-27 Missing children; reporting.
(a) Upon the filing of a police report that a child is missing by the parent or guardian, the law enforcement agency receiving notification shall:
(1) Immediately inform all on-duty law enforcement officers of the existence of the missing child report;
(2) Report pertinent information about the missing child to any other law enforcement agency having jurisdiction in the county; and
(3) Immediately transmit pertinent information on the missing child for inclusion within the state juvenile justice information system, and, if it appears that the juvenile has left the State or may leave the State, the National Crime Information Center system.
(b) A missing child report filed with a law enforcement agency which has jurisdiction is sufficient documentation for entering a juvenile in the missing persons' files of the juvenile justice information system, the National Crime Information Center, or both. Law enforcement agencies having jurisdiction over the missing child shall comply with any information required by the National Crime Information Center to effectuate the purpose of this [section].
(c) In the case of a parental kidnapping, the law enforcement agency shall obtain from the reporting parent or guardian a certified copy of the custody papers. [L 1994, c 244, §1]
Cross References
Missing child center-Hawaii, see §28-121.
2023 Hawaii Revised Statutes › Title 31. Family › 577A. Legal Capacity of Minor Regarding Medical Care › 577A-1 Definitions.

§577A-1 Definitions.
For the purpose of this chapter, the following terms shall be defined as follows:
"Family planning services" includes counseling and medical care designed to facilitate family planning.
"Medical care and services" means the diagnosis, examination, and administration of medication in the treatment of venereal diseases, pregnancy, and family planning services.
"Minor" shall be any person from the age of fourteen to seventeen inclusive. [L 1968, c 58, §3; am L 1972, c 2, §35; am L 1978, c 109, §1; am L 1979, c 105, §57 and c 230, pt of §1; am L 2023, c 2, §14]
Law Journals and Reviews
Minor's consent and abortion, see The Abortion Decision and Evolving Limits on State Intervention. 11 HBJ, no. 3, at 51 (1974).
2023 Hawaii Revised Statutes › Title 31. Family › 577A. Legal Capacity of Minor Regarding Medical Care › 577A-2 Consent valid.

§577A-2 Consent valid.
The consent to the provision of medical care and services by public and private hospitals or public and private clinics, or the performance of medical care and services by a physician licensed to practice medicine or advanced practice registered nurse as defined in section 457-2.7, when executed by a female minor who is or professes to be pregnant, or by a minor who is or professes to be afflicted with a venereal disease, or a minor seeking family planning services shall be valid and binding as if the minor had achieved his or her majority as the case may be; that is, a female minor who is, or professes to be pregnant, or a minor who is, or professes to be afflicted with a venereal disease, or a minor seeking family planning services shall be deemed to have, and shall have the same legal capacity to act, and the same legal obligations with regard to the giving of such consent to such hospitals and such clinics or medical care and services to be provided by a physician licensed to practice medicine or advanced practice registered nurse as defined in section 457-2.7, as a person of full legal age and capacity, the infancy of the minor and any contrary provisions of law notwithstanding, and such consent shall not be subject to later disaffirmance by reason of such minority; and the consent of no other person or persons (including, but not limited to a spouse, parent, custodian, or guardian) shall be necessary in order to authorize such hospitals or such clinics or medical care and services provided by a physician licensed to practice medicine or advanced practice registered nurse as defined in section 457-2.7, to such a minor. [L 1968, c 58, §4; am L 1979, c 230, pt of §1; am L 2017, c 88, §10]
Law Journals and Reviews
Consent for Testing and Treatment of Minors in Hawaii. 13 HBJ, no. 13, at 165 (2009).
2023 Hawaii Revised Statutes › Title 31. Family › 577A. Legal Capacity of Minor Regarding Medical Care › 577A-3 Providing information.

§577A-3 Providing information.
Public and private hospitals, or public and private clinics or physicians licensed to practice medicine or advanced practice registered nurses as defined in section 457-2.7 may, at the discretion of the treating physician or advanced practice registered nurse, inform the spouse, parent, custodian, or guardian of any minor patient of the provision of medical care and services to the minor or disclose any information pertaining to such care and services after consulting with the minor patient to whom such medical care and services have been provided under this chapter.
If the minor patient is not diagnosed as being pregnant or afflicted with [a] venereal disease, such information as well as the application for diagnosis may be disclosed, at the discretion of the treating physician or advanced practice registered nurse after consulting with the minor patient. [L 1968, c 58, §5; am L 1975, c 171, §1(1); am L 1979, c 230, pt of §1; am L 2017, c 88, §11]
Attorney General Opinions
Att. Gen. Op. 74-02, interpreting section, no longer applicable in view of amendments to section after opinion rendered with respect to disclosure of pregnancy or venereal disease. Att. Gen. Op. 92-01.
2023 Hawaii Revised Statutes › Title 31. Family › 577A. Legal Capacity of Minor Regarding Medical Care › 577A-4 Financial responsibility; counseling.

§577A-4 Financial responsibility; counseling.
(a) If a minor consents to receive medical care and services, the spouse, parent, custodian, or guardian of the minor patient shall not be liable for the legal obligations resulting from the furnishing of medical care and services provided by the public and private hospital, public and private clinic or physician licensed to practice medicine, or advanced practice registered nurse as defined in section 457-2.7. A minor who consents to the provision of medical care and services under this section shall assume financial responsibility for the costs of such medical care and services. Any other law to the contrary notwithstanding, no spouse, parent, custodian, or guardian whose consent has not been obtained or who has no prior knowledge that the minor has consented to the provision of such medical care and services shall be liable for the costs incurred by virtue of the minor's consent.
(b) Medical care and services shall include individual counseling for each minor patient by a physician licensed to practice medicine or advanced practice registered nurse as defined in section 457-2.7. Such counseling shall seek to open the lines of communication between parent and child. [L 1975, c 171, §1(2); am L 1979, c 230, pt of §1; am L 2017, c 88, §12]
2023 Hawaii Revised Statutes › Title 31. Family › 577A. Legal Capacity of Minor Regarding Medical Care › 577A-5 Limitation of actions.

§577A-5 Limitation of actions.
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 a minor has reached the age of majority, provided that said action shall commence within two years of the date a minor reaches the age of majority. [L 1978, c 109, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 577D. Primary Medical Care for Minors Without Support › 577D-1 Definitions.

§577D-1 Definitions.
For the purposes of this chapter, the following terms shall be defined as follows:
"Licensed health care practitioner" includes dentists licensed under chapter 448, physicians licensed under chapter 453, physician assistants licensed under chapter 453, and advanced practice registered nurses licensed under chapter 457.
"Minor without support" means a person who is at least fourteen years of age but less than eighteen years of age who is not under the care, supervision, or control of a parent, custodian, or legal guardian.
"Primary medical care and services" means health services that include screening, counseling, immunizations, medication, and treatment of illnesses and medical conditions customarily provided by licensed health care practitioners in an outpatient setting. As used in this chapter, "primary medical care and services" does not include invasive care, such as surgery, that goes beyond standard injections, laceration care, or treatment of simple abscesses. [L 2007, c 35, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 577E. Commission on Fatherhood › 577E-1 Findings and purpose.

§577E-1 Findings and purpose.
The legislature finds that, across the United States, there is a renewed understanding of the unique importance of fathers in the lives of their children, families, and communities. It is widely recognized that children are more likely to thrive with support, guidance, and nurturing from both parents. The absence of one parent from a child's life can place that child at a greater risk of health, emotional, educational, and behavioral problems associated with the child's development. However, many young men today are themselves fatherless, lack appropriate role models, and are in need of information and education regarding the appropriate roles and responsibilities of fathers.
The legislature further finds that the role of fathers in the raising of children and in the health and well-being of families is often unintentionally overlooked in government contracts, programs, and services dealing with children's health, welfare, and education.
It is the purpose of this chapter to provide for a statewide program to promote healthy family relationships between parents and children. [L 2003, c 156, pt of §2; am L 2005, c 148, §2; ree L 2006, c 232, pt of §1; am L 2007, c 190, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 577E. Commission on Fatherhood › 577E-2 State commission on fatherhood.

§577E-2 State commission on fatherhood.
There is established the state commission on fatherhood within the department of human services for administrative purposes. [L 2003, c 156, pt of §2; am L 2005, c 148, § §1, 2; ree L 2006, c 232, pt of §1; am L 2007, c 190, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 577E. Commission on Fatherhood › 577E-3 Members; terms; chair; quorum; compensation.

§577E-3 Members; terms; chair; quorum; compensation.
(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]
2023 Hawaii Revised Statutes › Title 31. Family › 577E. Commission on Fatherhood › 577E-4 Duties.

§577E-4 Duties.
The commission shall serve in an advisory capacity to state agencies to promote healthy family relationships between parents and children. In addition, the commission may make recommendations on programs, services, and contracts relating to children and families, and may:
(1) Act as a central clearinghouse and coordinating body for governmental and nongovernmental activities and information relating to the promotion of healthy families;
(2) Identify promising best practices that support and engage both parents in the emotional and financial support of their children;
(3) Identify obstacles that impede or prevent the involvement of fathers in the lives of their children;
(4) Raise public awareness of the consequences that the absence of the father may cause in a child's life;
(5) Recommend policies and practices, both within and without state government, that sustain and reengage fathers in the lives of their children;
(6) Promote, foster, encourage, and otherwise support programs designed to educate and train young men who are both current and future fathers as to effective parenting skills, behaviors, and attitudes;
(7) Promote, foster, encourage, and otherwise support programs that promote fatherhood;
(8) Promote, foster, encourage, and otherwise support programs that counter poverty and low income by increasing the capacity of fathers to overcome personal challenges and become productive, independent, and financially responsible contributors to their family; and
(9) Do any and all things necessary to carry out its duties and the purposes of this chapter. [L 2003, c 156, pt of §2; am L 2005, c 148, §2; ree L 2006, c 232, pt of §1; am L 2007, c 190, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 577E. Commission on Fatherhood › 577E-5 Meetings.

§577E-5 Meetings.
The meetings of the commission shall be subject to the requirements of chapter 92. [L 2003, c 156, pt of §2; am L 2005, c 148, §2; ree L 2006, c 232, pt of §1; am L 2007, c 190, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 577E. Commission on Fatherhood › 577E-6 Exemption from administrative supervision of boards and commissions.

§577E-6
Exemption from administrative supervision of boards and commissions.
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)]. [L 2003, c 156, pt of §2; am L 2005, c 148, §2; ree L 2006, c 232, pt of §1; am L 2007, c 190, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 577E. Commission on Fatherhood › 577E-7 Administration of funds.

§577E-7 Administration of funds.
The commission shall administer funds appropriated or allocated for its work and shall be authorized to accept, disburse, and allocate funds that may become available from other governmental and private sources; provided that all such funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and, in the absence of any specific designation, the funds shall be disbursed or allocated on projects related to any of the purposes of this chapter. [L 2003, c 156, pt of §2; am L 2005, c 148, §2; ree L 2006, c 232, pt of §1; am L 2007, c 190, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-1 Who may adopt; jurisdiction; venue.

§578-1 Who may adopt; jurisdiction; venue.
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]
Rules of Court
Pleadings, see HFCR rule 103.
Case Notes
Family court had jurisdiction over adoption of children residing in Philippines since petitioners were Hawaii residents. 421 F. Supp. 80 (1976).
In the absence of an adoption in writing parents are presumed not to have parted with the right of custody over their child. 6 H. 386 (1883).
Until legally adopted parent not precluded by surrender of child from asserting parental rights. 31 H. 328 (1930).
Child not "surrendered" by one parent when custody awarded by divorce decree to other parent, consent of such parent must be obtained for adoption of child. 32 H. 443 (1932).
Child not "abandoned" by mother who lives apart from husband. 32 H. 479 (1932).
"Abandoned" defined. 37 H. 532 (1947).
Adoption proceedings are wholly statutory. 45 H. 69, 361 P.2d 1054 (1961).
Cited: 42 H. 129, 137 (1957); 42 H. 640, 655 (1958).
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-1.5 Adoption.

§578-1.5 Adoption.
Any person may be adopted under this chapter; provided that an adult to be adopted must give written consent to the adoption. [L 1976, c 194, §1(11); gen ch 1985; am L 1986, c 166, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-3 Custody of child pendente lite.

§578-3 Custody of child pendente lite.
At any stage of the proceeding subsequent to the filing of the petition and prior to the entry of a decree, the court, upon a showing that the best interests of the child will be served thereby, may order that the petitioner or petitioners shall be entitled to retain the custody and control of the child and shall be responsible for the care, maintenance and support of the child including any necessary medical or surgical treatment, pending the further order of the court. Such order may also authorize and legally obligate the petitioner or petitioners to arrange for the burial of the child if the child shall die prior to the entry of the decree. [RL 1945, pt of §12271; am L 1953, c 115, pt of §1; am L 1955, c 132, §1; RL 1955, §331-3; HRS §578-3; am L 1969, c 183, §4; am L 1973, c 211, §3(c)]
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-4 Notice to resident nonconsenting legal parent whose rights have not been terminated.

§578-4 Notice to resident nonconsenting legal parent whose rights have not been terminated.
If a legal parent to whom notice must be given as aforesaid is within the State, a summons issuing under the seal of the court and containing a notification as to the time and place of hearing, shall be served by the sheriff or the sheriff's deputy, any police officer, or any person authorized by court rule, upon such parent by the delivery to the parent of a certified copy thereof, and of the petition for adoption; or in case the parent cannot be found, by leaving copies of the summons and petition with some agent or person transacting the business of the parent, or by leaving such copies at the parent's last known place of residence. When service is made pursuant to this section, the time appointed for the hearing of the petition shall be not less than ten days subsequent to the date of service as herein provided. [L 1919, c 3, pt of §1; RL 1925, §3035; RL 1935, §4521; RL 1945, §12272; am L 1953, c 115, pt of §1; RL 1955, §331-4; am L 1963, c 85, §3; HRS §578-4; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1994, c 8, §1]
Cross References
Sheriff, etc., see §26-14.6.
Rules of Court
Summons, see HFCR rule 4.
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-5 Same; proof of.

§578-5 Same; proof of.
A return of service of the summons shall be made by the serving officer in the manner prescribed by section 634-22, and be similarly effective. [L 1919, c 3, pt of §1; RL 1925, §3036; RL 1935, §4522; RL 1945, §12273; RL 1955, §331-5; HRS §578-5]
Revision Note
Section "634-22" substituted for "634-58".
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-6 Notice to nonresident or unlocated nonconsenting legal parent whose rights have not been terminated.

§578-6 Notice to nonresident or unlocated nonconsenting legal parent whose rights have not been terminated.
If a legal parent to whom notice must be given as aforesaid was never an inhabitant of the State, or has removed therefrom, or if, after due diligence, the parent cannot be found within the State, and the fact appears by affidavit to the satisfaction of the court, it may be ordered by the court that the service be made under section 578-7. [L 1919, c 3, pt of §1; RL 1925, §3037; RL 1935, §4523; RL 1945, §12274; am L 1953, c 115, pt of §1; RL 1955, §331-6; HRS §578-6; am L 1973, c 211, §3(d)]
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-7 Substituted or constructive service.

§578-7 Substituted or constructive service.
Upon the filing of the affidavit referred to in section 578-6, the court may order service of the notice prescribed in sections 578-2 and 578-4 to be made as follows:
(1) Personal service or service by registered mail without the State. If the residence of a nonresident legal parent is known or is ascertained at any stage of the proceeding prior to the filing of a return of service pursuant to section 578-5, the court may order that service of notice of the time and place of hearing of the petition and of a copy thereof and of a copy of the court's order be made upon the parent by:
(A) Personal service thereof, without the State, by a person and in a manner as the court may direct; or
(B) Sending certified copies of the petition and of the notice of the time and place of the hearing thereof and of the court's order, by registered mail, addressed to the parent, with request for return receipt, which service, evidenced by the receipt signed by the parent and returned to the clerk of the court, shall be regarded as equivalent to service by publication or in lieu thereof.
When service is made pursuant to this paragraph, the time appointed for the hearing of the petition shall be not less than twenty-one days subsequent to the date of service as provided in this paragraph.
(2) Service by publication. If the residence of a parent is not known and cannot be ascertained, or if an attempt to effect service by either of the methods authorized in paragraph (1) is unsuccessful, the court may order that service shall be made by publication. The order shall direct that publication of notice of the pendency of the petition and of the time and place of the hearing thereof be made in a newspaper or newspapers suitable for the advertisement of notices of judicial proceedings once in each week for not less than four successive weeks as the court may prescribe, the last publication to be not less than twenty-one days prior to the time appointed for the hearing of the petition. The court, in addition to ordering publication, may direct that a copy of the petition and notice be forthwith deposited in the post office, addressed to the parent at the parent's last known place of residence. The service of the notice required by section 578-2 shall be deemed complete at the expiration of the time prescribed by the order of publication. [L 1919, c 3, pt of §1; RL 1925, §3038; am L 1931, c 74, §1; RL 1935, §4524; RL 1945, §12275; am L 1953, c 115, pt of §1; RL 1955, §331-7; HRS §578-7; am L 1973, c 211, §3(e); gen ch 1985; am L 2018, c 18, §47]
Cross References
Service by certified mail, see §1-28.