reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-104 Right of survivorship.

§560:6-104 Right of survivorship.
(a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created. If there are two or more surviving parties, their respective ownerships during lifetime shall be in proportion to their previous ownership interests under section 560:6-103 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before the decedent's death; and the right of survivorship continues between the surviving parties.
(b) If the account is a payable-on-death account,
(1) On death of one of two or more original payees the rights to any sums remaining on deposit are governed by subsection (a) of this section.
(2) On death of the sole original payee or of the survivor of two or more original payees, any sums remaining on deposit belong to the payable-on-death payee or payees if surviving, or to the survivor of them if one or more die before the original payee; if two or more payable-on-death payees survive, there is a right of survivorship in the event of death of a payable-on-death payee thereafter.
(c) If the account is a trust account,
(1) On death of one of two or more trustees, the rights to any sums remaining on deposit are governed by subsection (a) of this section, and
(2) On death of the sole trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear evidence of a contrary intent; if two or more beneficiaries survive, there is a right of survivorship in event of death of any beneficiary thereafter.
(d) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of the decedent's estate.
(e) A right of survivorship arising from the express terms of the account or under this section, or a beneficiary designation in a trust account, or a payable-on-death payee designation, cannot be changed by will. [L 1976, c 200, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-105 Effect of written notice to financial institution.

§560:6-105 Effect of written notice to financial institution.
The provisions of section 560:6-104 as to rights of survivorship are determined by the form of the account at the death of a party. This form may be altered by written order given by all parties to the financial institution to change the form of the account or to stop or vary payment under the terms of the account. The order or request must be signed by all parties, received by the financial institution during the parties' lifetime, and not countermanded by other written order of the parties during their lifetime. [L 1976, c 200, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-106 Accounts and transfers nontestamentary.

§560:6-106 Accounts and transfers nontestamentary.
Any transfers resulting from the application of section 560:6-104 are effective by reason of the account contracts involved and this statute and are not to be considered as testamentary or subject to articles I to IV of this chapter except as provided in section 560:6-107. [L 1976, c 200, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-107 Rights against multiple-party accounts.

§560:6-107 Rights against multiple-party accounts.
A transfer to a survivor of a multiple-party account can be set aside, to the extent described below, in the event the assets in the hands of the personal representative of the deceased party are insufficient to pay taxes, expenses of administration, and homestead and family allowances under sections 560:2-402 and 560:2-404. A surviving party, payable-on-death payee, or beneficiary who receives payment from a multiple-party account after the death of a deceased party may, on application of the personal representative of the deceased party's estate, the surviving spouse or reciprocal beneficiary of the deceased party, or one acting for a dependent or minor child of the deceased party, be required to account to said personal representative for the deceased party's net contribution to the account to the extent necessary to discharge the insufficiency described above. No proceeding to assert this right shall be commenced later than two years following the death of the deceased party. Sums recovered hereunder shall be administered as part of the decedent's estate. This section shall not affect the right of a financial institution to make payment on multiple-party accounts according to the terms thereof, or make it liable to the estate of a deceased party unless before payment either the institution has been served with process in a proceeding by the personal representative or the institution has actual knowledge that making payment will jeopardize the payment of the taxes, expenses and allowances above mentioned. [L 1976, c 200, pt of §1; am L 1977, c 144, §51; am L 1996, c 288, §4; am L 1997, c 383, §19]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-108 Financial institution protection; payment on signature of one party.

§560:6-108 Financial institution protection; payment on signature of one party.
Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Subject to the provision of sections 236D-12 and 560:6-107, any multiple-party account may be paid, on request and according to its terms, to any one or more of the parties. A financial institution shall not be required to inquire as to the source of funds received for deposit to a multiple-party account, or to inquire as to the proposed application of any sum withdrawn from an account. [L 1976, c 200, pt of §1; am L 1983, c 217, §8]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-109 Financial institution protection; payment after death or disability; joint account.

§560:6-109 Financial institution protection; payment after death or disability; joint account.
Subject to the provisions of sections 236D-12 and 560:6-107 any sums in a joint account may be paid, on request and according to its terms, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded; but payment may not be made to the personal representative or heirs of a deceased party unless proofs of death are presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under section 560:6-104. [L 1976, c 200, pt of §1; am L 1983, c 217, §9]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-110 Financial institution protection; payment of payable-on-death account.

§560:6-110 Financial institution protection; payment of payable-on-death account.
Any payable-on-death account may be paid, on request, to any original party to the account. Payment may be made, on request, to the payable-on-death payee or to the personal representative or heirs of a deceased payable-on-death payee upon presentation to the financial institution of proof of death showing that the payable-on-death payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as an original payee or as payable-on-death payee. [L 1976, c 200, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-111 Financial institution protection; payment of trust account.

§560:6-111 Financial institution protection; payment of trust account.
Subject to the provisions of section 560:6-107, any trust account may be paid, on request and according to its terms, to any trustee. Unless the financial institution has received written notice or has actual knowledge that the beneficiary has a vested interest not dependent upon the beneficiary's surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that the deceased trustee was the survivor of all other persons named on the account either as trustee or beneficiary. A trust account may be paid, on request and according to its terms, to the beneficiary upon presentation to the financial institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustees. [L 1976, c 200, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-112 Financial institution protection; discharge.

§560:6-112 Financial institution protection; discharge.
Payment made pursuant to section 560:6-108, 560:6-109, 560:6-110, or 560:6-111 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, payable-on-death payees, or beneficiaries, or their successors. The protection here given does not extend to payments made after a financial institution has received written notice from any party or has actual knowledge that withdrawals in accordance with the terms of the account should not be permitted. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in any demand for withdrawal if the financial institution is to be protected under this section. No other notice or any other information shown to have been available to a financial institution shall affect its right to the protection provided here. The protection here provided shall have no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts. [L 1976, c 200, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-113 Financial institution protection; set-off.

§560:6-113 Financial institution protection; set-off.
Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has or had immediately before the party's death a present right of withdrawal. The amount of the account subject to set-off is the deceased party's net contribution to the account, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal. [L 1976, c 200, pt of §1; am L 1977, c 144, §52; gen ch 1985]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:7-101 to 560:7-501 REPEALED.

§ §560:7-101 to 560:7-501 REPEALED.
L 2021, c 32, §11.
Cross References
Uniform Trust Code, see chapter 554D.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:8-101 Time of taking effect; provisions for transition.

Revision Note
Sections 560:8-101 and 560:8-102 designated as Part 1 in view of addition of Part 2.
§560:8-101 Time of taking effect; provisions for transition.
(a) This chapter takes effect on July 1, 1976, except that the provisions of Articles II, III and IV and the Hawaii Revised Statutes sections amended or repealed in this Article VIII on account of Articles II, III and IV take effect on July 1, 1977.
(b) Except as provided elsewhere in this chapter, on the effective date of this chapter:
(1) The chapter applies to any wills of decedents dying thereafter;
(2) The chapter applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this chapter;
(3) Every executor of a will admitted to a probate before July 1, 1977, in this State and every administrator appointed before July 1, 1977, by a court of this State shall be a supervised personal representative with respect to the estate, and every guardian of the property appointed before July 1, 1976, by a court of this State shall be a guardian of the property, with only the powers conferred by this chapter and subject to the duties imposed by this chapter with respect to any act occurring or done thereafter. Every guardian of a person holding an appointment on that date continues to hold the appointment but has only the powers conferred by this chapter and is subject to the duties imposed by this chapter with respect to any act occurring or done thereafter;
(4) The consequences of an act done before the applicable effective date in any proceeding and any accrued right is not impaired by this chapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1977, the provisions of the statute shall remain in force with respect to that right;
(5) Any rule of construction or presumption provided in this chapter applies to instruments executed and multiple-party accounts opened before July 1, 1976, unless there is a clear indication of a contrary intent; and
(6) Notwithstanding any of the above, this chapter shall not affect any property or other rights accrued under the case and statutory law of this State, including but not limited to the law relating to intestacy, dower and curtesy (chapters 532 and 533), which became vested before July 1, 1977. [L 1976, c 200, pt of §1; am L 2005, c 160, §2; am L 2021, c 32, §8]
Revision Note
In subsection (b)(7), "June 24, 2005" substituted for "the effective date of Act ".
Case Notes
Vested equitable interest in personal property which heirs acquired upon decedent's death satisfied "vested rights" provision of subsection (b)(6). 65 H. 394, 652 P.2d 1137 (1982).
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:8-201 Effect and transition.

§560:8-201 Effect and transition.
(a) The amendments made by [Act 288, Session Laws of Hawaii 1996, hereinafter referred to as this Act,] shall take effect on January 1, 1997.
(b) Except as provided elsewhere in this Act, on January 1, 1997:
(1) The amendments made by this Act apply to any governing instruments executed by decedents dying thereafter;
(2) The amendments made by this Act apply to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except:
(A) Parts 1 and 2 of Article II (relating to intestate succession and elective share) shall apply only to the estates of decedents dying after January 1, 1997; and
(B) To the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this Act;
(3) Every personal representative including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this Act and is subject to the duties imposed with respect to any act occurring or done thereafter;
(4) An act done before the effective date in any proceeding and any accrued right is not impaired by this Act. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right; and
(5) Any rule of construction or presumption provided in this Act applies to instruments executed before the effective date unless there is a clear indication of a contrary intent. [L 1996, c 288, §5; am L 1997, c 244, §16]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:8-301 Effect.

§560:8-301 Effect.
Act 161, Session Laws of Hawaii 2004, shall not affect any action commenced, proceeding brought, or right accrued prior to January 1, 2005. [L 2006, c 29, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-1 Construction and purpose of chapter.

§571-1 Construction and purpose of chapter.
This chapter shall be liberally construed to the end that children and families whose rights and well-being are jeopardized shall be assisted and protected, and secured in those rights through action by the court; that the court may formulate a plan adapted to the requirements of the child and the child's family and the necessary protection of the community, and may utilize all state and community resources to the extent possible in its implementation.
This chapter creates within this State a system of family courts and it shall be a policy and purpose of said courts to promote the reconciliation of distressed juveniles with their families, foster the rehabilitation of juveniles in difficulty, render appropriate punishment to offenders, and reduce juvenile delinquency. The court shall conduct all proceedings to the end that no adjudication by the court of the status of any child under this chapter shall be deemed a conviction; no such adjudication shall impose any civil disability ordinarily resulting from conviction; no child shall be found guilty or be deemed a criminal by reason of such adjudication; no child shall be charged with crime or be convicted in any court except as otherwise provided in this chapter; and all children found responsible for offenses shall receive dispositions that provide incentive for reform or deterrence from further misconduct, or both. The disposition made of a child or any evidence given in the court, shall not operate to disqualify the child in any civil service or military application or appointment. Any evidence given in any case under section 571-11 shall not in any civil, criminal, or other cause in any court be lawful or proper evidence against the child for any purpose whatever except in subsequent cases involving the same child under section 571-11. [L 1965, c 232, pt of §1; Supp, §333-1; HRS §571-1; am L 1976, c 85, §2; am L 1980, c 303, §1; gen ch 1985]
Case Notes
Inherent powers give family court jurisdiction to determine rights of natural father of illegitimate child. 56 H. 462, 541 P.2d 13 (1975).
As this section mandates against treating juvenile adjudications as convictions, appellate court erred in holding that defendant's prior juvenile adjudication of driving without no-fault insurance constituted a conviction for purposes of applying the repeat offender sentencing provisions of §431:10C-117 (1993) to defendant's subsequent offense of driving without no-fault insurance. 92 H. 521, 993 P.2d 555 (2000).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-3 Family courts, divisions of circuit courts.

§571-3 Family courts, divisions of circuit courts.
The family courts shall be divisions of the circuit courts of the State and shall not be deemed to be other courts as that term is used in the State Constitution. A family court shall be held at the courthouse in each circuit, or other duly designated place, by the judge or judges of the respective family courts as herein defined. The chief justice of the supreme court may temporarily assign a family court judge to preside in another circuit when the urgency of one or more cases requires the chief justice to do so. In any case in which it has jurisdiction the court shall exercise general equity powers as authorized by law. [L 1965, c 232, pt of §1; Supp, §333-3; HRS §571-3; am L 1973, c 211, §1(a); am L 1979, c 111, §20; gen ch 1985]
Cross References
Courts, see Const. Art. VI, §1.
Rules of Court
Applicability, see HRCP rules 1, 81; HRPP rules 1, 54; RCC rules 31, 32.
Case Notes
As family courts are divisions of, and not separate and distinct courts from, the circuit courts of this State, error misidentifying indictment as a family court criminal matter was harmless. 104 H. 311 (App.), 88 P.3d 683 (2004).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-4 Family courts, circuits.

§571-4 Family courts, circuits.
In the first circuit any judge or judges so designated by the chief justice of the supreme court shall be the judge or judges of the family court of the first circuit. The several judges of the second, third, and fifth circuits, and of any other circuits hereafter created by the legislature, shall, when exercising jurisdiction under this chapter, be judges of the family courts of their respective circuits. In any circuit in which more than one judge is authorized to exercise jurisdiction as judge of the family court, the chief justice of the supreme court shall designate one of the judges as senior judge.
Nothing in this chapter shall be construed to limit the jurisdiction and authority of any circuit judge, designated as judge of a family court, to matters within the scope of this chapter. [L 1965, c 232, pt of §1; Supp, §333-4; HRS §571-4]
Case Notes
Even assuming that, for purposes of §571-14, defendant did not have physical custody of complainant during the times of the alleged offenses, and the family court was, therefore, without jurisdiction over those counts of the indictment, the judge, in the judge's capacity as a circuit court judge, properly exercised jurisdiction over those counts under this section. 103 H. 214, 81 P.3d 394 (2003).
Where judge, at the time judge entered the family court orders purporting to void the estate documents, was a district judge appointed under §571-8, not a circuit judge sitting by designation in family court under this section, the judge lacked original jurisdiction over guardianships of the property under §560:5-102 as it stood prior to the 1996 amendments to the Hawaii uniform probate code. 110 H. 8, 129 P.3d 511 (2006).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-5 Board of family court judges.

§571-5 Board of family court judges.
A board of family court judges, which shall consist of all the State's family court judges and district family judges is hereby created. The board shall annually elect from among its members a chairperson who shall preside at meetings of the board. The chairperson shall have no other authority not specifically authorized under this chapter, or any applicable rule of the supreme court, or specifically delegated by a majority of the board. The board shall meet at stated times to be fixed by it but not less often than once every six months, and on call of the chairperson.
The board shall discuss and shall attempt to achieve agreement upon general policies for the conduct of the family courts and forms for use in such courts. The board shall recommend, for adoption by the supreme court, rules of court governing procedure and practices in such courts. The board shall provide the guidelines and procedures necessary to implement a single statewide standardized tool to conduct risk and needs assessments and validation of the tool every five years. The board may, within the limitations of the facilities available to the family courts of the State, seek the consolidation of the statistical and other data on the work and services of such courts and research studies that may be made of the problems of families and children dealt with by such courts to the end that the treatment of children and families subject to the jurisdiction of such courts shall achieve the highest possible degree of uniformity throughout the State and to the further end that knowledge of treatment, methods and therapeutic practices be shared among such courts. The board may also formulate recommendations for remedial legislation. All actions by the board shall be subject to the regulatory supervision of the chief justice of the supreme court. [L 1965, c 232, pt of §1; Supp, §333-5; HRS §571-5; am L 1973, c 211, §1(b) and c 219, §3; gen ch 1993; am L 2014, c 201, §7]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-6 Appointment and duties of employees.

§571-6 Appointment and duties of employees.
(a) For each family court, the judge, or the senior judge when there is more than one judge, shall appoint a chief administrative and executive officer who shall have the title of director of the family court. Under the general supervision of the senior judge or the judge, the director shall:
(1) Prepare an annual budget for the court;
(2) Formulate procedures governing the routine administration of court services;
(3) Make recommendations to the court for improvement in court services;
(4) Make recommendations to the senior judge or the judge for the appointment of administrative, supervisory, consultant, and necessary professional and clerical and other personnel to perform the duties assigned to the court and the director;
(5) Provide supervision and consultation to the administrative and supervisory staff regarding the administration of court services, recruitment of personnel, in-service training, and fiscal and office management; and
(6) Perform other duties as the senior judge or the judge shall specify.
(b) For each family court the judge or senior judge where there is more than one shall appoint necessary probation officers, social workers, and marital counselors and may appoint, or make arrangements for the services of physicians, psychologists, psychiatrists, and other professionally competent persons, to carry on the work of the court.
(c) Pursuant to subsection (a)(5), the deputy chief court administrator shall require each probation officer to complete training annually on juvenile justice or probation supervision best practices; provided that funding is available. The form and length of the training shall be determined by the deputy chief court administrator, or a designee, and at the discretion of the several deputy chief court administrators, training may be conducted jointly between judicial circuits, as defined in section 603-1. [L 1965, c 232, pt of §1; Supp, §333-6; HRS §571-6; am L 2002, c 7, §1; am L 2014, c 201, §8]
Cross References
Licensed marriage and family therapists, see chapter 451J.
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-8 District family courts; district family judges; appointment; sessions.

§571-8 District family courts; district family judges; appointment; sessions.
(a) In addition to the district courts established under section 604-1, there may be established in each of the judicial circuits of the State a district family court with the powers and under the conditions herein set forth which shall be styled as follows:
(1) For the first judicial circuit: The district family court of the first circuit.
(2) For the second judicial circuit: The district family court of the second circuit.
(3) For the third judicial circuit: The district family court of the third circuit.
(4) For the fifth judicial circuit: The district family court of the fifth circuit.
(b) When in the discretion of the chief justice of the supreme court the urgency or volume of cases so requires, the chief justice may appoint one or more district family judges for each judicial circuit. In addition, within any circuit, the chief justice may designate any district judge of the district court to act as a district family judge within that circuit; the judge when so designated shall exercise the powers of a district family judge appointed pursuant to this section.
The chief justice may also designate, within any circuit, a district family judge appointed pursuant to this section to act as a district judge, and the judge when so appointed shall have all the powers of a district judge appointed pursuant to section 604-2.
The chief justice may assign any district judge or district family judge of any circuit to serve temporarily in either the district court or the district family court of any other circuit.
The district family courts shall hold sessions at such places and as often as the family court judge or the senior family court judge, if there is more than one, of the judicial circuit shall prescribe. [L 1973, c 219, pt of §1; am L 1983, c 208, §1; am L 1984, c 49, §1; gen ch 1985]
Case Notes
Where judge, at the time judge entered the family court orders purporting to void the estate documents, was a district judge appointed under this section, not a circuit judge sitting by designation in family court under §571-4, the judge lacked original jurisdiction over guardianships of the property under §560:5-102 as it stood prior to the 1996 amendments to the Hawaii uniform probate code. 110 H. 8, 129 P.3d 511 (2006).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-8.1 Qualifications; tenure; removal.

§571-8.1 Qualifications; tenure; removal.
Each district family judge shall reside in the judicial circuit for which the district family judge is appointed and shall have been an attorney licensed to practice in all the courts of the State for at least five years. District family judges shall hold office for a term of six years and until their successors are appointed and qualified; provided that any district family judge may be summarily removed from office, and the district family judge's commission revoked by the supreme court whenever the supreme court deems such removal necessary for the public good or the volume of cases within the circuit is reduced to a level where the reduction of the number of district family judges within a circuit is deemed advisable. [L 1973, c 219, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-8.2 Salary of district family judges.

§571-8.2 Salary of district family judges.
The salary of each district family court judge of the various district family courts of the State shall be the same as that of district court judges under section 604-2.5.
Whenever the chief justice appoints a district family court judge of any of the various district family courts of the State to serve temporarily as a circuit court judge of any of the various circuit courts of the State, the judge shall receive per diem compensation for the days on which actual service is rendered based on the monthly rate of compensation paid to a circuit court judge. For the purpose of determining per diem compensation in this section, a month shall be deemed to consist of twenty-one days. [L 1973, c 219, pt of §1; am L 1975, c 58, §24; am L 1982, c 129, §23; am L 1986, c 128, §20; am L 1988, c 396, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-8.3 Disqualification; absence; vacancy.

§571-8.3 Disqualification; absence; vacancy.
Whenever it is advisable, by reason of a vacancy in the office of district family judge of any circuit, or by reason of the disqualification of any district family judge, or the district family judge's inability to attend to the district family judge's duties by reason of temporary absence, or for any other reason, the chief justice of the supreme court may designate the district family judge of any other circuit or any district judge appointed pursuant to chapter 604 to hear and determine any or all matters then or thereafter pending in the district family court to which the district family judge or district judge is called for such purpose, and while so engaged, the district family judge or district judge shall have and exercise all of the powers of a regularly appointed district family judge of the circuit to which the district family judge or district judge is called. [L 1973, c 219, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-8.4 Jurisdiction.

§571-8.4 Jurisdiction.
The senior judge or judge of the family court of the circuit may direct that any case coming within the jurisdictional provisions of this chapter, or all cases of a class or within a district to be designated by the senior judge or judge, shall be heard by the district family judge. [L 1973, c 219, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-8.5 Powers.

§571-8.5 Powers.
(a) The district family judges may:
(1) Administer oaths;
(2) Subpoena, summon, and compel the attendance of parties and witnesses from any part of the State, and compel the production of books, papers, documents including school, medical, and financial records, or tangible things;
(3) Make and issue all orders and writs necessary or appropriate in aid of their original jurisdiction;
(4) Perpetuate testimony under the rules and orders of the family court, and issue commissions for the perpetuation of testimony to be used on controversies pending before them;
(5) Grant continuances in proceedings before them;
(6) Enforce decrees and judgments and punish contempts according to law;
(7) In a criminal case, alter, set aside, or suspend a sentence by way of mitigation or otherwise upon motion or plea of a defendant made within thirty days after imposition of a sentence;
(8) Appoint guardians ad litem for minors or persons who are incompetent or attorneys to represent parties in accordance with law;
(9) Admit to bail persons rightfully confined in all bailable cases, or dispense with bail as provided by the State Constitution;
(10) Make and award judgments, decrees, orders, and mandates, issue executions and other processes, and do other acts and take other steps as may be necessary to carry into full effect the powers that are or shall be given to them by law or for the promotion of justice in matters pending before them; and
(11) Make and issue orders for pre-trial detention of persons aged eighteen years or older to an adult correctional facility, when the person is alleged to have committed an act or acts during the person's minority that would constitute a violation of section 571-11(1).
(b) Every witness duly subpoenaed as provided in this section shall be allowed the same attendance and mileage fees allowed witnesses subpoenaed before the circuit courts. [L 1973, c 219, pt of §1; am L 1980, c 115, §1; am L 1998, c 190, §2]
Case Notes
Family court had subject matter jurisdiction to issue temporary restraining order under § §560:1-302(b), 560:5-106(2) and (3), and this section, where resolution of ward's capacity was required to be resolved, and an apparent threat of ward's removal from the court's jurisdiction was alleged. 113 H. 211, 151 P.3d 692 (2007).
Family court abused its discretion when it denied wife's multiple requests for an extension of pretrial deadlines and sanctioned wife for missing the deadlines by excluding evidence where record revealed that although trial was delayed a month to accommodate the personal schedule of the assigned trial judge and husband agreed to extend the pretrial deadlines for both parties, the family court refused to grant wife any extensions and did not explain why it denied wife's various motions for an extension of pretrial deadlines. 121 H. 401 (App.), 220 P.3d 264 (2009).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-12 Transfer from other courts.

§571-12 Transfer from other courts.
If, during the pendency of a criminal charge against a minor in another court, it is ascertained that the minor was less than eighteen years old when such minor allegedly committed the offense, such other court shall forthwith transfer the case to the family court, together with all the papers, documents, and any available transcripts of testimony connected with it. The court making the transfer shall order that the minor be taken forthwith to the place of detention designated by the family court or to that court itself, or shall release the minor to the custody of the minor's parent or guardian or other person legally responsible for the minor, to be brought before the family court at a time designated by it. The family court shall then proceed as provided in this chapter. [L 1965, c 232, pt of §1; Supp, §333-9; HRS §571-12; am L 1980, c 303, pt of §7(2)]
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-13 Retention of jurisdiction.

§571-13 Retention of jurisdiction.
Except as otherwise provided in this chapter, jurisdiction obtained by the court in the case of a minor may be retained by it, for the purposes of this chapter, after the minor becomes eighteen years of age until the full term for which any order entered shall have expired. Further, in the case of any person who is alleged to have committed an offense under section 571-11 prior to reaching eighteen years of age, the court shall have jurisdiction after the person becomes eighteen for the purpose of holding hearings and/or entering orders of disposition concerning the alleged offenses or for the purpose of making and issuing orders for pre-trial detention of persons aged eighteen years or older to an adult correctional facility, when the person is alleged to have committed an act or acts during the person's minority that would constitute a violation of section 571-11(1). This section shall not be construed, however, to confer any jurisdiction upon the family court over a person for any criminal act committed after the person achieves eighteen years of age. [L 1965, c 232, pt of §1; Supp, §333-10; HRS §571-13; am L 1972, c 2, pt of §33; am L 1974, c 148, §1; am L 1976, c 85, §5; am L 1980, c 303, pt of §7(2); am L 1981, c 206, §2; am L 1998, c 190, §3]
Case Notes
Cited: 50 H. 613, 446 P.2d 561 (1968).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-22.5 Appeal of waiver of jurisdiction.

§571-22.5 Appeal of waiver of jurisdiction.
An order waiving jurisdiction shall not be appealable as a final order, but may only be appealable in conjunction with an appeal of all other issues after a trial on the charge against such minor or adult. [L 1980, c 207, §1]
Case Notes
Does not permit appellate review of order denying waiver of jurisdiction. 66 H. 516, 668 P.2d 25 (1983).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-23 Summons; notice; custody of minor.

§571-23 Summons; notice; custody of minor.
After a petition under section 571-11(1) or (2) is filed in the interest of a minor, and after such investigation as the court may direct, the court shall issue a summons, unless the parties hereinafter named promise in writing to appear voluntarily, requiring the person or persons who have the custody or control of the minor to appear personally and bring the minor before the court at a time and place stated. If the person so summoned is not the parent or guardian of the minor, then the parent or guardian or both shall also be notified, by personal service before the hearing except as herein provided, of the pendency of the case and of the time and place appointed. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary. If it appears that the minor is in such condition or surroundings that the minor's welfare requires taking the minor into custody, the judge may order, by endorsement upon the summons, or otherwise, that the person serving the summons shall take the minor into custody at once. A parent or guardian is entitled to the issuance of compulsory process for the attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor.
Service of summons shall be made personally by the delivery of a copy thereof, together with a copy of the petition, to the person summoned, except that if the judge is satisfied that personal service of the summons or the notice provided for in the preceding paragraph is impracticable, the judge may order service by certified or registered mail addressed to the last known address, or by publication, or both. Service effected not less than forty-eight hours before the time fixed in the summons for the return thereof shall be sufficient to confer jurisdiction, provided that jurisdiction shall be conferred if any person who might be so summoned appears voluntarily at the time and place appointed and waives such service and such notice.
Service of summons, process, or notice required by this chapter may be made by any suitable person under the direction of the court and upon request of the court shall be made by any police officer. The judge may authorize the payment of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing of a case coming within the purview of this chapter. Section 621-7 shall apply to persons summoned under this section other than a parent, guardian, or other legal custodian of the child concerned. [L 1965, c 232, pt of §1; Supp, §333-14; HRS §571-23; gen ch 1985]
Rules of Court
Service and summons, see HFCR rules 4, 5, 138, 139.
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-24 Failure to answer summons; warrants.

§571-24 Failure to answer summons; warrants.
Any person summoned as provided in section 571-23 who, without reasonable cause, fails to appear, may be proceeded against for contempt of court. If the summons cannot be served, or if the parties served fail to obey the summons, or if it is made to appear to the judge that serving the summons will be ineffectual or that the welfare of the minor requires that the minor be brought forthwith into the custody of the court, a warrant may be issued for the parent, the guardian, or the minor.
If, after being summoned or notified to appear, a parent fails to do so, a warrant may be issued for the parent's appearance, and the hearing shall not take place without the presence of one or both of the parents or the guardian, or, if none is present, a guardian ad litem appointed by the court to protect the interests of the minor. The court may also appoint a guardian ad litem, whenever this is necessary for the welfare of the minor, whether or not a parent or guardian is present. [L 1965, c 232, pt of §1; Supp, §333-15; HRS §571-24; gen ch 1985]
Rules of Court
Guardians ad litem, see HFCR rule 17(c).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-31 Taking children into custody; release; notice.

§571-31 Taking children into custody; release; notice.
(a) A child may be taken into custody by any police officer without order of the judge when there are reasonable grounds to believe that a child comes within section 571-11(1) or (2), or by any police or probation officer when there are reasonable grounds to believe that the child has violated a court order of probation or protective supervision.
(b) When an officer or other person takes a child into custody, the parents, guardian, or legal custodian shall be notified immediately. The child shall be:
(1) Released to the care of the child's parent or other responsible adult;
(2) Referred or delivered to the court or other designated agency with or without simultaneous release to parent or other responsible adult; or
(3) Taken directly to a detention facility if the child's immediate welfare or the protection of the community requires it or if the child is subject to detention for violation of a court order of probation or protective supervision.
(c) If the person taking the child into custody believes it desirable, the child's parent, guardian, or legal custodian may be required to sign a written promise to take the child to the court or other designated agency at the time arranged, or to the court at the time directed by the court.
(d) If a parent or other responsible custodian fails to produce the child in court or at another designated agency as required by an authorized notice, or when notified by the court, a summons or warrant may be issued for the apprehension of that person or the child or both. The court may assess the cost of the issuance and execution of the summons or warrant against the person. [L 1965, c 232, pt of §1; Supp, §333-16; HRS §571-31; am L 1972, c 2, pt of §33; am L 1976, c 85, §7; am L 1980, c 303, §4(2); am L 1988, c 294, §2; am L 2018, c 18, §45]
Rules of Court
Shelter and detention, see Hawaii Family Court Rules, part D(V).
Law Journals and Reviews
On suppression of evidence seized in violation of statute, see Suppression of Evidence Without the Aid of the Fourth, Fifth and Sixth Amendments. 8 HBJ, no. 4, at 109 (1972).
Case Notes
Subsection (b) only requires that police contact a minor's parent, guardian, or legal custodian to notify them that their child is in police custody; it does not give statutory right to minor's parent, guardian, or legal custodian to communicate with the minor prior to and to be present at the minor's custodial interrogation. 90 H. 246, 978 P.2d 684 (1999).
In absence of any specified time limit in the HRS, when a child who is taken into custody under this section is going to be released to the custody of the child's parent or other responsible adult under subsection (b)(1), the release to the parent or responsible adult must occur within a reasonable time. 91 H. 147 (App.), 981 P.2d 704 (1998).
In the absence of any evidence that lapse of time was unreasonable, police did not violate notification requirement of subsection (b). 91 H. 147 (App.), 981 P.2d 704 (1998).
2023 Hawaii Revised Statutes › Title 31. Family › 571. Family Courts › 571-31.1 Standard for detention.

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