Terms Used In Hawaii Revised Statutes 587A-21

• Allegation: something that someone says happened.
• Chambers: A judge's office.
• 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
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• Harm: means damage or injury to a child's physical or psychological health or welfare, where:
  (1) The child exhibits evidence of injury, including, but not limited to:

  (A) Substantial or multiple skin bruising;

  (B) Substantial external or internal bleeding;

  (C) Burn or burns;

  (D) Malnutrition;

  (E) Failure to thrive;

  (F) Soft tissue swelling;

  (G) Extreme pain;

  (H) Extreme mental distress;

  (I) Gross degradation;

  (J) Poisoning;

  (K) Fracture of any bone;

  (L) Subdural hematoma; or

  (M) Death;

  and the injury is not justifiably explained, or the history given concerning the condition or death is not consistent with the degree or type of the condition or death, or there is evidence that the condition or death may not be the result of an accident;

  (2) The child has been the victim of sexual contact or conduct, including sexual assault; sodomy; molestation; sexual fondling; incest; prostitution; obscene or pornographic photographing, filming, or depiction; or other similar forms of sexual exploitation, including but not limited to acts that constitute an offense pursuant to section 7121202(1)(b);
  (3) The child's psychological well-being has been injured as evidenced by a substantial impairment in the child's ability to function;
  (4) The child is not provided in a timely manner with adequate food; clothing; shelter; supervision; or psychological, physical, or medical care;
  (5) The child is provided with dangerous, harmful, or detrimental drugs as defined in section 712-1240, except when a child's family administers drugs to the child as directed or prescribed by a practitioner as defined in section 712-1240; or
  (6) The child has been the victim of labor trafficking under chapter 707. See Hawaii Revised Statutes 587A-4
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Imminent harm: means that without intervention within the next ninety days, there is reasonable cause to believe that harm to the child will occur or reoccur. See Hawaii Revised Statutes 587A-4
• Reasonable cause to believe: means the degree of proof that would cause a person of average caution to believe the evidence is reasonably trustworthy. See Hawaii Revised Statutes 587A-4
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Threatened harm: means any reasonably foreseeable substantial risk of harm to a child. See Hawaii Revised Statutes 587A-4