Report Title:

Family Court; Juvenile Custody; Assessment

 

Description:

Requires that the court or designated agency responsible for juvenile intake and diagnostic services be notified immediately when a child is taken into custody by the police for the purpose of conducting an assessment of the child's family and living situation.

THE SENATE

S.B. NO.

942

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO FAMILY COURTS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Current law vests discretion with the police to initially release a child taken into custody for a law violation, which could inadvertently return the child to a dangerous home situation. The police are required to immediately notify the parent, guardian, or legal custodian and to determine whether to release the child to the family or other responsible adult, to the court or a designated agency, or to a detention facility.

The legislature believes that if probation officers or other professionals who work with children were available on a twenty-four-hour basis to assist the police in evaluating the child's family and living situation, the child's interest would be better served. The purpose of this Act is to require that the family court or other designated agency responsible for intake and diagnostic services for juveniles, provide intake assessment assistance to the police.

SECTION 2. Section 571-31, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) When an officer or other person takes a child into custody, the parents, guardian, or legal custodian, and the court or designated agency responsible for intake and diagnostic services under section 571-31.2 shall be notified immediately. The court or other designated agency upon receiving notice immediately shall provide an intake officer to conduct an assessment of the child's family and living situation and make recommendations to the police as to whether 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 the child is subject to detention for violation of a court order of probation or protective supervision."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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