(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.

Terms Used In Hawaii Revised Statutes 571-31

  • Adult: means a person eighteen years of age or older. See Hawaii Revised Statutes 571-2
  • Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
  • Detention: means the temporary care of children who require custody in physically secure facilities:

    (1) For their immediate welfare;

    (2) For the protection of the community;

    (3) While awaiting transfer to another jurisdiction; or

    (4) Because of violation of a family court order of probation or protective supervision. See Hawaii Revised Statutes 571-2

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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. See Hawaii Revised Statutes 571-31.1
  • Judge: means judge of the family court. See Hawaii Revised Statutes 571-2
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation: means a legal status created by court order following adjudication in a case involving a violation of law whereby a minor is permitted to remain in the minor's home or in a community residential or nonresidential program subject to supervision by the court or an agency designated by the court and subject to return to the court for violation of probation at any time during the period of probation. See Hawaii Revised Statutes 571-2
  • 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. See Hawaii Revised Statutes 571-31.1
  • Protective supervision: means a legal status created by court order in proceedings not involving violations of law but where the legal custody of the minor is subject to change, whereby the minor is permitted to remain in the minor's home or in a community residential or nonresidential program under the supervision of the court or an agency designated by the court and subject to return to the court during the period of protective supervision. See Hawaii Revised Statutes 571-2
  • Summons: Another word for subpoena used by the criminal justice system.
(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.

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