Title 31, Family

§576D-8 Transmittal of money collected to department of human services. The moneys collected by the agency on behalf of the department of human services shall be transmitted to the department of human services as required by Title IV-D of the Social Security Act. [L 1986, c 332, …

[§576D-9] Incentive payments to State and political subdivision. If one or more political subdivisions of the State participate in the costs of carrying out the child support enforcement activities during any particular period, each such subdivision shall be entitled to receive a…

§576E-1 Definitions. As used in this chapter, unless the context otherwise requires: "Administrative order" means the order resulting from an administrative adjudication by a hearings officer or the attorney general, through the agency, of the final disposition of a matter before…

§576E-10 Hearings officers. (a) The attorney general shall establish the office of child support hearings, and shall appoint and commission, without regard to chapter 76, such hearings officers as may be necessary to carry out the purposes of this chapter. (b) Hearings officers s…

§576E-11 Administrative orders; required findings. Every order entered pursuant to this chapter shall specify, where applicable, the following: (1) The amount of periodic support to be paid by a party with directions as to the manner of payment; (2) The amount of child support ar…

§576E-12 Administrative orders; force and effect. (a) A true copy of the administrative order, along with a true copy of the return of service, shall be filed in the office of the clerk of the circuit court in the circuit where the order was issued, or in the office of the clerk …

§576E-13 Appeal to the family court. (a) Any party, including the agency, who is aggrieved by a final decision and order in a contested case or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive appellant of ad…

§576E-14 Modification, suspension, or termination of court and administrative orders. (a) The responsible parent, the agency, or the person having custody of the dependent child may file a request for suspension, termination, or modification of the child support provisions of a H…

§576E-15 Guidelines to be followed. When an administrative order establishes or modifies the amount of child support required to be paid by a party, the guidelines established under section 576D-7 shall be applied, except when exceptional circumstances warrant departure. The most…

§576E-16 Income withholding. (a) Whenever an administrative order is entered establishing, modifying, or enforcing support, or establishing an arrearage that has accrued under a previous judicial or administrative order of support, there shall concurrently be issued an order that…

§576E-17 Medical support enforcement. (a) Where the responsible parent is ordered to provide medical insurance coverage for the dependent child, the standard notice for such medical support prescribed by Title IV-D of the Social Security Act, as amended by the agency, shall be is…

[§576E-18] Contempt; procedure for punishment. In any hearing in a contested case before a hearings officer, any adult who wilfully violates, neglects, or refuses to obey or perform any lawful order of the hearings officer, may be proceeded against in the family court for contemp…

[§576E-19] Wilful violations; penalties. Unless otherwise provided herein, any person who knowingly, intentionally or wilfully violates any section of this chapter shall be guilty of a petty misdemeanor. [L 1990, c 176, pt of §1]

§576E-2 Attorney general; powers. Notwithstanding any other law to the contrary, the attorney general, through the agency and the office, shall have concurrent jurisdiction with the court in all proceedings in which a support obligation is established, modified, or enforced, incl…

[§576E-20] Uniform statewide procedures. The agency shall adopt uniform statewide procedures in compliance with applicable federal law, including part 305 of Title 45, Code of Federal Regulations. [L 1990, c 176, pt of §1]

§576E-3 Jurisdiction. Notwithstanding any other law to the contrary, the attorney general, through the agency and the office, shall have concurrent jurisdiction with the court over: (1) Any person found within the State of Hawaii against whom a child support obligation may be est…

§576E-4 Service. (a) In any proceeding to establish a child support order, in cases where the agency is not yet enforcing an order of support for the subject child, service of the notice provided in section 576E-5 shall be by personal service or certified mail, return receipt req…

§576E-5 Commencement of administrative proceedings; notice. The agency shall serve a notice of administrative proceedings and notice of financial responsibility upon the parties prior to the issuance of an order under this chapter. Where applicable, notice shall contain the follo…

§576E-6 Request for hearing; how made. (a) Except as provided in subsection (b), any party who is aggrieved by the proposed order of the agency may, within ten days of service of a notice described in section 576E-5, obtain a hearing by sending a written request for hearing to th…

§576E-7 Failure to request hearing; effect. If the parties fail to request a hearing pursuant to section 576E-6, the agency or a hearings officer shall sign the proposed order as the final order in the action. [L 1988, c 154, pt of §2; am L 1990, c 176, §14; am L 1994, c 105, §8;…

§576E-8 Action by agency upon request for hearing. Upon receipt of a hearing request, the agency may contact the parties and attempt to reach an agreed disposition. If no agreed disposition can be obtained, the matter shall be referred to a hearings officer for contested case pro…

§576E-9 Hearings in contested cases. Hearings in contested cases shall be conducted in accordance with this chapter, and when otherwise applicable, chapter 91, and shall be presided over by a hearings officer appointed and commissioned by the attorney general pursuant to section …

§577-1 Age of majority. All persons residing in the State, who have attained the age of eighteen years, shall be regarded as of legal age and their period of minority to have ceased. [CC 1859, §1487; am L 1919, c 116, §1; RL 1925, §3032; RL 1935, §4510; RL 1945, §12261; RL 1955, …

§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 …

§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 th…

§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 no…

§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, …

[§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 cour…

§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…

§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…

§577-2 Minority of veteran or of the veteran's spouse, no bar when. The disability of minority of any person who is otherwise eligible for guaranty or insurance of a loan pursuant to the Servicemen's Readjustment Act of 1944 (P.L. 346, 78th Cong.), as amended, or as the same may …

§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 t…

§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 ch…

§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 pa…

§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. […

§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 n…

§577-25 Emancipation of certain minors. (a) Any law to the contrary notwithstanding, a minor shall be deemed to be emancipated if the minor has: (1) Entered into a valid marriage pursuant to chapter 572; or (2) Received a declaration of emancipation issued by the family court pur…

§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 s…

[§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 ch…

§577-28 Affidavit of caregiver consent for minor's health care. (a) Except for children placed under the custody of the department of human services, pursuant to proceedings under chapter 587A, a caregiver who possesses and presents a notarized affidavit of caregiver consent for …

§577-29 Mental health services relating to minors; diagnosis, counseling, and related activities. (a) Notwithstanding any other law to the contrary, a minor who is fourteen years of age or older may consent to mental health treatment or counseling services provided by a licensed …

§577-3 Natural guardian; liability for torts of child. The father and mother of an unmarried minor child are jointly the natural guardians of the child's person and property. They shall have equal powers and duties with respect to the child and neither shall have any right superi…

§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, "graffi…

§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…

§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…

§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 …