TITLE 31. FAMILY

 

Chapter

571 Family Courts

571D Juvenile Justice Interagency Board--Repealed

572 Marriage

572B Civil Unions

572C Reciprocal Beneficiaries

572D Uniform Premarital Agreement Act

573 Married Women--Repealed

574 Names

575 Uniform Desertion and Nonsupport Act (Modified)

576 Uniform Reciprocal Enforcement of Support

Act--Repealed

576B Uniform Interstate Family Support Act

576D Child Support Enforcement

576E Administrative Process for Child Support Enforcement

577 Children

577A Legal Capacity of Minor Regarding Medical Care

577D Primary Medical Care for Minors Without Support

577E Commission on Fatherhood

578 Adoption

579 Illegitimates: Paternity Proceedings--Repealed

580 Annulment, Divorce, and Separation

581 Office of Children and Youth--Repealed

582 Interstate Compact on Juveniles

582D Interstate Compact for Juveniles

583 Uniform Child Custody Jurisdiction Act--Repealed

583A Uniform Child-Custody Jurisdiction and Enforcement Act

584 Uniform Parentage Act

585 Ex Parte Temporary Restraining Orders--Repealed

586 Domestic Abuse Protective Orders

587 Child Protective Act--Repealed

587A Child Protective Act

587D Safe Place for Newborns

588 Children's Justice Program

 

CHAPTER 571

FAMILY COURTS

 

Part I. Establishment; Personnel

Section

571-1 Construction and purpose of chapter

571-2 Definitions

571-3 Family courts, divisions of circuit courts

571-4 Family courts, circuits

571-5 Board of family court judges

571-6 Appointment and duties of employees

571-7 Repealed

571-8 District family courts; district family judges;

appointment; sessions

571-8.1 Qualifications; tenure; removal

571-8.2 Salary of district family judges

571-8.3 Disqualification; absence; vacancy

571-8.4 Jurisdiction

571-8.5 Powers

 

Part II. Jurisdiction

571-11 Jurisdiction; children

571-12 Transfer from other courts

571-13 Retention of jurisdiction

571-14 Jurisdiction; adults

 

Part III. Initiation of Cases

571-21 Complaint; investigation; petition

571-22 Waiver of jurisdiction; transfer to other courts

571-22.5 Appeal of waiver of jurisdiction

571-23 Summons; notice; custody of minor

571-24 Failure to answer summons; warrants

 

Part IV. Custody, Detention, and Shelter

571-31 Taking children into custody; release; notice

571-31.1 Standard for detention

571-31.2 Juvenile intake and diagnostic services

571-31.3 Voluntary assistance

571-31.4 Informal adjustment, law violators

571-31.5 Informal adjustment, status offenders

571-31.6 Informal adjustment, minor who may be both law

violator and status offender

571-32 Detention; shelter; release; notice

571-32.1 Contract and fee-for-service accommodations

571-33 Detention and shelter facilities

571-34 Criminal history record checks

 

Part V. Procedure and Decree

571-41 Procedure in children's cases

571-41.1 Extradition of minors to Hawaii

571-41.2 Extradition of minors from Hawaii

571-42 Procedure in adult cases

571-43 Additional remedies not pleaded

571-44 Physical or mental examination and treatment

571-45 Assessment and investigation prior to disposition;

suspension of delinquency proceedings; denial of

services reporting

571-46 Criteria and procedure in awarding custody and

visitation; best interest of the child

571-46.1 Joint custody

571-46.2 Orders relating to custody and visitation cases

571-46.3 Grandparents' visitation rights; petition; notice;

order

571-46.4 Child custody evaluators; qualification; registry;

complaints

571-46.5 Parenting plans

571-47 Determination of parentage of child born in wedlock

571-48 Decree, if informal adjustment or diversion to a

private or community agency or program has not

been effected

571-48.5 Probation supervision requirements

571-48.6 Earned discharge from probation; reporting

requirements

571-49 Repealed

571-50 Modification of decree, rehearing

571-51 Support of minor committed for study or care

571-51.5 Modification of support and visitation decrees

571-52 Assignment by court order of future income for

payments of support

571-52.1 Repealed

571-52.2 Automatic assignment by court or administrative

order of future income for payment of child support

571-52.3 Immediate income withholding

571-52.5 Guidelines to determine child support amounts

571-52.6 Child support order, judgment, or decree; accident

and sickness insurance coverage

571-52.7 Award of costs and reasonable attorneys' fees

571-53 Signing of papers

571-54 Appeal

571-55 Certification in lieu of oath

571-56 Offense

571-57 Penalty

 

Part VI. Termination of Parental Rights

571-61 Termination of parental rights; petition

571-62 Hearing; investigation and report

571-63 Findings and judgment

 

Part VII. Juvenile Crime Prevention Bureau

571-71 Juvenile crime prevention bureau; establishment of

571-72 Duties and powers; reports; expungement of juvenile

arrest records

571-73 No limitations on family courts

571-74 Rules and standards; investigation and questioning;

fingerprinting and photographing

 

Part VIII. General Provisions

571-81 Contempt of court

571-82 Court sessions; quarters

571-83 Court and witness fees

571-84 Records

571-84.5 Support order, decree, judgment, or acknowledgment;

social security number

571-84.6 Minor law violators; proceedings and records not

confidential

571-85 Authority of probation officers; additional

probation officers

571-86 Cooperation

571-86.5 Statewide juvenile justice interdepartmental

cluster; local juvenile justice interdepartmental

cluster; high-need youth services coordination

571-87 Appointment of counsel and guardian ad litem;

compensation

571-88 Orders expunging juvenile arrest records

571-89 Family court; annual report

 

Part IX. Military Development Provisions

571-91 Definitions

571-92 Application

571-93 Duty to cooperate and disclose information

571-94 Hearings; electronic participation

571-95 Sole factor; effect on existing orders

571-96 Visitation and contact

571-97 Delegation of the deployed parent's contact rights

to another

 

Rules of Court

 

See Family Court Rules; applicability of Hawaii Rules of Civil Procedure, see HRCP rules 1, 81; proceedings not governed by Hawaii Rules of Civil Procedure, see RCC rule 31.

 

Law Journals and Reviews

 

When Children Prey on Children: A Look at Hawai`i's Version of Megan's Law and its Application to Juvenile Sex Offenders. 20 UH L. Rev. 477.

In the Best Interests of the Child: Juvenile Justice or Adult Retribution? 23 UH L. Rev. 341.

 

Case Notes

 

When family court is concerned about potential abuse of a minor, it may take action under chapter 587 to promptly address problem, regardless of whether action was initiated under this chapter or by way of formal chapter 587 petition. 84 H. 41, 928 P.2d 883.

No equal protection violation for use of preponderance of evidence standard of proof for 586-5.5 as family and household members not suspect class and rational basis underlying this standard adopted by legislature under this chapter for chapter 586 was to facilitate and expedite judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404.

 

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