§571-31.2  Juvenile intake and diagnostic services.  (a)  The court or other designated agency shall:

     (1)  Notify the child’s parent, guardian[,] or legal custodian or take reasonable action to ensure that such notice has been given;

     (2)  Require the child, the child’s parent, the child’s guardian or legal custodian, or both, to appear at the court or other designated agency as soon as practicable for a family counseling session to attempt a quick resolution of their problem; [and]

     (3)  Investigate, evaluate, make necessary determination, and take appropriate actions regarding:

          (A)  Diversion from justice system processing, formal or informal, and closure of the case;

          (B)  Release of a child to the care of the child’s parent or other responsible adult;

          (C)  Extending to or making arrangement for the securing of suitable informal adjustment under § 571-31.4, 571-31.5 or 571-31.6;

          (D)  Initiation of the filing of a complaint or petition;

          (E)  Detention of a child, utilizing the standard set out in § 571-31.1 or temporary shelter in a nonsecure shelter; and

          (F)  Making such other informal disposition as may be suitable.

Terms Used In Hawaii Revised Statutes 571-31.2

  • Adult: means a person eighteen years of age or older. See Hawaii Revised Statutes 571-2
  • Board: means the board of family court judges. See Hawaii Revised Statutes 571-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Informal adjustment: means the effort by intake officers, the courts, or others to provide a child referred to them or brought before them, and where appropriate that child's family, opportunity and aid before and in lieu of formally processing the child under this chapter. See Hawaii Revised Statutes 571-2
  • Shelter: means the temporary care of children in physically unrestricting facilities pending court disposition. See Hawaii Revised Statutes 571-2

     (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 to the court or other designated agency as in § 571 31(c).  The failure of a parent, guardian, or other legal custodian to produce the child in court or at the other designated agency as required by an authorized notice may be pursued as provided in § 571-31(d).

     (c)  For cases diverted under subsection (a)(3)(A), intake officers shall compile reports at least monthly enumerating the aggregate number of cases diverted and the types of alleged offenses precipitating the referral of the child to the court.  These reports shall be submitted to the administrator of the juvenile client services branch in each judicial circuit, who shall compile the reports into an annual report for each judicial circuit, to be submitted to the board of family court judges and the Hawaii juvenile justice state advisory council.