Title 31, Family

PART I. ESTABLISHMENT; PERSONNEL §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 …

PART II. JURISDICTION §571-11 Jurisdiction; children. Except as otherwise provided in this chapter, the court shall have exclusive original jurisdiction in proceedings:

§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…

§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 orde…

§571-14 Jurisdiction; adults. (a) Except as provided in sections 603-21.5 and 604-8, the court shall have exclusive original jurisdiction: provided that in any case within paragraph (1) or (2), the court, in its discretion, may waive its jurisdiction over the offense charged; pro…

§571-2 Definitions. When used in this chapter, unless the context otherwise requires: "Administrative monitoring" means a legal status of a child adjudicated for a status offense or a law violation who is not placed on legal status, but is ordered by the court to complete a discr…

PART III. INITIATION OF CASES §571-21 Complaint; investigation; petition. (a) Except as provided in subsection (b), whenever the court is informed by any person that a minor is within the purview of section 571-11(1) or (2), the intake officer shall make a preliminary investigati…

§571-22 Waiver of jurisdiction; transfer to other courts. (a) The court may waive jurisdiction and order a minor or adult held for criminal proceedings after full investigation and hearing where the person during the person's minority, but on or after the person's sixteenth birth…

[§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]

§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…

§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…

§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…

PART IV. CUSTODY, DETENTION, AND SHELTER §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), …

§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: (b) As used in this chapter, "immediate welfare" means: (c) In determining whether the immed…

§571-31.2 Juvenile intake and diagnostic services. (a) The court or other designated agency shall: (b) If the intake officer believes it desirable, [the] officer may take action to obtain the child or the written promise of a parent, guardian, or legal custodian to take the child…

§571-31.3 Voluntary assistance. A child or the child's parent, guardian, or legal custodian may voluntarily apply to the court or other designated agency to obtain appropriate services, including family conciliation and counseling, regarding issues or problems involving the child…

§571-31.4 Informal adjustment, law violators. (a) When a child reasonably believed to come within section 571-11(1) is referred to the court or other designated agency, and is not diverted from processing, informal adjustment may be provided to the child by an intake officer duly…

§571-31.5 Informal adjustment, status offenders. (a) When a child reasonably believed to come within section 571-11(2) is referred to the court or other designated agency, informal adjustment shall be provided to the child by an intake officer duly authorized by the family court …

§571-31.6 Informal adjustment, minor who may be both law violator and status offender. When a child is reasonably believed to come within section 571-11(1) and (2), the intake officer may exercise discretion to process informal adjustment under section 571-31.4. In making that de…

[§571-31.8] Contact with counsel; parent, guardian, or legal custodian; consultation. (a) Before the waiver of any right against self-incrimination by and before a custodial interrogation of a child under eighteen years of age, the child shall have contact with legal counsel in p…

§571-32 Detention; shelter; release; notice. (a) If a minor who is believed to come within section 571-11(1) is not released as provided in section 571-31 and is not deemed suitable for diversion, then the minor shall be taken without unnecessary delay to the court or to the plac…

§571-32.1 Contract and fee-for-service accommodations. To provide for children under section 571-32, the family court may provide, on a contractual or on fee-for-service basis, accommodations in child caring institutions or foster boarding homes which meet the intent of section 3…

§571-33 Detention and shelter facilities. Provisions shall be made for the temporary detention of children or minors in a detention home, to be conducted as an agency of the court; or the court may arrange for the care and custody of such children or minors temporarily in private…

§571-34 Criminal history record checks. The judiciary shall develop standards to ensure the reputable and responsible character of employees of detention facilities defined in this chapter which shall include but not be limited to criminal history record checks. All employees and…

§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 ci…

PART V. PROCEDURE AND DECREE §571-41 Procedure in children's cases. (a) Cases of children in proceedings under section 571-11(1) and (2) shall be heard by the court separate from hearings of adult cases and without a jury. Stenographic notes or mechanical recordings shall be requ…

§571-41.1 Extradition of minors to Hawaii. Any person who violates, or is alleged to have violated, any law of this State defining a crime, and is at the time of the offense under the age of eighteen years, and who thereafter flees from this State may be proceeded against in the …

§571-41.2 Extradition of minors from Hawaii. Any person who violates, or is alleged to have violated, any law of another state defining a crime and is at the time of the offense under the age of eighteen years, and who thereafter flees from that state and is found in this State m…

§571-42 Procedure in adult cases. (a) In any criminal proceeding arising under section 571-14, except as to cases involving abuse of a family or household member, the court, with the consent of the defendant or the parties in interest, may make a preliminary investigation and suc…

§571-43 Additional remedies not pleaded. When it appears, during the course of any trial, hearing, or proceeding, that some action or remedy other than or in addition to those indicated by the petition or other pleadings appears appropriate, the court may, provided all necessary …

§571-44 Physical or mental examination and treatment. The court may order that a child or minor for whom a petition has been filed, be examined by a physician, surgeon, psychiatrist, or psychologist. The court may order treatment by a physician, surgeon, psychiatrist, or psycholo…

§571-45 Assessment and investigation prior to disposition; suspension of delinquency proceedings; denial of services reporting. (a) Prior to disposition, the court shall conduct a risk and needs assessment, using the tool procured and validated pursuant to section 571-5, for each…

§571-46 Criteria and procedure in awarding custody and visitation; best interest of the child. (a) In actions for divorce, separation, annulment, separate maintenance, or any other proceeding where there is at issue a dispute as to the custody of a minor child, the court, during …

§571-46.1 Joint custody. (a) Upon the application of either parent, joint custody may be awarded in the discretion of the court. For the purpose of assisting the court in making a determination whether an award of joint custody is appropriate, the court shall, upon the request of…

[§571-46.2] Orders relating to custody and visitation cases. In any action involving the custody or visitation of a minor child, the court may order any party and the minor child, as needed, to attend counseling, parenting classes or any other type of educational activity, as the…

§571-46.3 Grandparents' visitation rights; petition; notice; order. (a) A grandparent or the grandparents of a minor child may file a petition with the court for an order of reasonable visitation rights. The court may award reasonable visitation rights; provided that the followin…

§571-46.4 Child custody evaluators; qualification; registry; complaints. (a) [Subsection effective until June 30, 2026. For subsection effective July 1, 2026, see below.] Subject to subsection (c), a person may be appointed as a child custody evaluator for purposes of section 571…

[§571-46.5] Parenting plans. (a) For every action that includes a contested custody of children, both parties or both parents shall develop either a mutually agreed-upon general parenting plan or separate individually-desired parenting plan, and file the plan at the outset of the…

[§571-46.6] Criteria and procedure in awarding custody and visitation; disability. The court shall not consider the disability of a person seeking custody or visitation of a minor to be the sole factor in the court's determination made pursuant to this part. If the court makes a …

§571-47 Determination of parentage of child born in wedlock. Whenever, in any action involving the custody or support of a child apparently born in lawful wedlock, the parentage of the child is placed in issue, the court may make the child a party to the action, if not already a …

§571-48 Decree, if informal adjustment or diversion to a private or community agency or program has not been effected. When a child is found by the court to come within section 571‑11, the court shall so decree and in its decree shall make a finding of the facts upon which the co…

[§571-48.5] Probation supervision requirements. Every child placed on probation pursuant to section 571-48(1)(A) shall be supervised in accordance with the following requirements:

[§571-48.6] Earned discharge from probation; reporting requirements. (a) A child placed on probation pursuant to section 571-48(1)(A) shall be eligible to receive earned discharge credits to reduce the length of the probation term. Earned discharge credits shall reduce the term o…

§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 b…

§571-50 Modification of decree, rehearing. (a) Except as otherwise provided by this chapter, any decree or order of the court may be modified at any time. (b) At any time during supervision of a child the court may issue notice or other appropriate process to the child if the chi…

§571-51 Support of minor committed for study or care. Whenever legal custody of a minor is given by the court to someone other than the minor's parents, or when a minor is given medical, psychological, or psychiatric study or treatment under order of the court, and no provision i…

§571-51.5 Modification of support and visitation decrees. (a) The special court trustee may assist any parent, guardian, or custodian materially affected by a court order or decree with the modification of any provision of the order or decree pertaining to support payments or wit…

§571-52 Assignment by court order of future income for payments of support. (a) Whenever any person has been ordered to pay an allowance for the support of a child or for the support and maintenance of a spouse or former spouse, and fails or refuses to obey or perform the order a…

§571-52.2 Automatic assignment by court or administrative order of future income for payment of child support. (a) Notwithstanding section 571-52, the court shall order an assignment of future income when: The order shall take effect without necessity of further action of the cou…

§571-52.3 Immediate income withholding. In any case where child support is an issue, and an order for child support is established or modified, and the obligor receives income on a periodic basis, the court shall concurrently enter an order for immediate income withholding which …