(a) Notice of hearings shall be served on the parties; provided that no further notice is required for any party who defaulted or was given actual notice of a hearing while present in court. Notice of hearings shall be served no less than forty-eight hours before the scheduled hearing, subject to a shortening of time as ordered by the court.
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Terms Used In Hawaii Revised Statutes 587A-14

  • Child: means a person who is born alive and is less than eighteen years of age. See Hawaii Revised Statutes 587A-4
  • Court: means one of the family courts established pursuant to chapter 571. See Hawaii Revised Statutes 587A-4
  • Family: means each legal parent of a child; the birthing parent, unless the child has been legally adopted; the concerned non-birthing parent as provided in section 578-2(a)(5), unless the child has been legally adopted; each parent's spouse or former spouse; each sibling or person related by blood or marriage; each person residing in the dwelling unit; and any other person or legal entity with:

    (1) Legal or physical custody or guardianship of the child, or
    (2) Responsibility for the child's care. See Hawaii Revised Statutes 587A-4
  • Foster custody: means the legal status created when the department places a child outside of the family home with the agreement of the legal custodian or pursuant to court order, after the court has determined that the child's family is not presently willing and able to provide the child with a safe family home, even with the assistance of a service plan. See Hawaii Revised Statutes 587A-4
  • 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.
  • Party: means an authorized agency; a child who is subject to a proceeding under this chapter; the child's parents and guardian ad litem; any other person who is alleged in the petition or who is subsequently found at any child protective proceeding to be encouraging, causing, or contributing to the acts or conditions that brought the child within the scope of this chapter; and may include any other person, including the child's current foster parent or current resource family, if the court finds that such person's participation is in the best interest of the child; provided that the court may limit a party's right to participate in any child protective proceeding if the court deems such limitation of such party's participation to be consistent with the best interests of the child and such party is not a family member who is required to be summoned pursuant to § 587A-13, except as otherwise provided in this chapter. See Hawaii Revised Statutes 587A-4
  • Resource family: means a person or family licensed by the department or another authorized agency to provide foster care services for children and can be used interchangeably with "foster parent" and "foster family". See Hawaii Revised Statutes 587A-4
  • Summons: Another word for subpoena used by the criminal justice system.
(b) The child‘s current resource family shall be served written notice of hearings no less than forty-eight hours before a scheduled hearing; provided that no further notice shall be provided to a resource family that was given actual notice of a hearing while present in court, subject to a shortening of time as ordered by the court.
(c) No hearing shall be held until the child, the child’s current resource family, and all other parties are given notice of the hearing or are served, as required by this section.
(d) The child’s current resource family is entitled to participate in the proceedings to provide information to the court, either in person or in writing, concerning the current status of the child in their care.
(e) The court may not convene a hearing under this chapter unless the court enters a finding that each of the parties required to be notified of the hearing has been served with a copy of the petition; provided that if a party is required to be summoned to a temporary foster custody or return hearing and has not been served with the summons, the court may proceed with the hearing if:

(1) A reasonable effort has been made to effect personal service;
(2) It would not be in the best interests of the child to postpone the proceeding until service can be effectuated; and
(3) The child is represented by a guardian ad litem or counsel.
(f) For purposes of this section, “party” or “parties” shall include the current foster parents.

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