Hawaii Revised Statutes 571-45 – Assessment and investigation prior to disposition; suspension of delinquency proceedings; denial of services reporting
Terms Used In Hawaii Revised Statutes 571-45
- Board: means the board of family court judges. See Hawaii Revised Statutes 571-2
- Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
- Judge: means judge of the family court. See Hawaii Revised Statutes 571-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Legal custody: means the relationship created by the court's decree which imposes on the custodian the responsibility of physical possession of the minor and the duty to protect, train, and discipline the minor and to provide the minor with food, shelter, education, and ordinary medical care, all subject to residual parental rights and responsibilities and the rights and responsibilities of any legally appointed guardian of the person. See Hawaii Revised Statutes 571-2
- month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
- 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
- Risk and needs assessment: means a determination, based on an actuarial tool validated on Hawaii's juvenile justice system-involved population, of specific factors that predict a child's likelihood of recidivating and criminogenic factors that, when properly addressed, can reduce the likelihood of recidivating. See Hawaii Revised Statutes 571-2
Except where the requirement is waived by the judge, social studies shall also be made in proceedings to decide disputed or undetermined legal custody and in custody disputes arising out of a divorce action. In all other awards of custody arising out of a divorce action, including those where an agreement with respect to custody has been made by the parties, and in any other case or class of cases, the judge may order a social study when the judge has reason to believe such action is necessary to assure adequate protection of the child or of any other person involved in the case. By special order of the judge or by rule of court a social study may be required in support cases covering financial ability and other matters pertinent to making an order of support. The use of such studies in custody and support hearings shall be subject to the applicable provisions of section 571-41.
The judge may order and use a presentence investigation with respect to any criminal action under the jurisdiction of the court in accordance with the existing provisions of the law with respect to the making and use of such studies.
No later than one month before the end of the period of suspension of the delinquency proceedings, the treatment provider shall submit a report on whether the child has completed the treatment program.
If the court, on the motion of the child or on its own motion, finds that the child has successfully completed the treatment program, the court may dismiss the suspended delinquency proceedings. If the court does not find that the child has satisfactorily completed treatment, the court may terminate the suspension and proceed with the case.