Sections
Part I General Provisions 329-1 – 329-4
Part II Standards and Schedules 329-11 – 329-23
Part III Regulation of Manufacture, Distribution, Prescription, and Dispensing of Controlled Substances 329-31 – 329-40
Part IV Offenses and Penalties 329-41 – 329-50
Part V Enforcement and Administrative Provisions 329-51 – 329-59
Part VI Regulated Chemicals for the Manufacture of Controlled Substances 329-61 – 329-75
Part VIII Electronic Prescription Accountability System 329-101 – 329-104
Part IX Medical Use of Cannabis 329-121 – 329-131

Terms Used In Hawaii Revised Statutes > Chapter 329

  • Abandoned infant: means a child who is three years old or younger and:

         (1)  The child's parents, regardless of any incidental contact or communication with the child, have demonstrated an extreme disinterest in or lack of commitment for assuming parental responsibility for the child;

         (2)  The persons with whom the child resides have not known the identity or whereabouts of the child's parents for sixty days or more, and reasonable efforts have been made to identify or locate the child's parents; or

         (3)  The child's mother also falls under the provisions of paragraph (1) or (2), and the child's presumed or alleged father has failed to assert a claim or interest as a parent for sixty days or more; provided that the child's father has knowledge of the child's birth and that he is the child's presumed or alleged father. See Hawaii Revised Statutes 587A-4

  • Abuse: means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society. See Hawaii Revised Statutes 329-1
  • Account: means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account and other like arrangement;

         "Beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee;

         "Financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks, savings banks, savings and loan companies or associations, financial services loan companies, and credit unions;

         "Joint account" means an account payable on request presently or in the future to one or more of two or more parties whether or not mention is made of any right of survivorship;

         A "multiple-party account" is any of the following types of account:  (1) a joint account, (2) a payable-on-death account, or (3) a trust account. See Hawaii Revised Statutes 560:6-101

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Address: means , with respect to prescriptions, the physical location where an individual resides such as:

         (1)  Street address, city, and state;

         (2)  Tax map key number; or

         (3)  The description of a physical location. See Hawaii Revised Statutes 329-1

  • Adequate supply: means an amount of medical cannabis jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to ensure the uninterrupted availability of cannabis for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" shall not exceed:  ten cannabis plants, whether immature or mature, and four ounces of usable cannabis at any given time. See Hawaii Revised Statutes 329-121
  • Adjudication: means a finding by a court that is supported by a preponderance of the evidence that the child has been harmed or is subjected to threatened harm by the acts or omissions of the child's family. See Hawaii Revised Statutes 587A-4
  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

         (1)  A practitioner (or, in the practitioner's presence or at the practitioner's direction, by a licensed or registered health care professional acting as the practitioner's authorized agent), or

         (2)  The patient or research subject at the direction or in the presence of the practitioner. See Hawaii Revised Statutes 329-1

  • Administrative monitoring: means a legal status of a child adjudicated for a status offense or a law violation who is not placed on legal status, but is ordered by the court to complete a discrete, small number of conditions within a short time period, and without regular court appearances. See Hawaii Revised Statutes 571-2
  • Administrator: means the administrator of the narcotics enforcement division of the department of public safety. See Hawaii Revised Statutes 329-1
  • Adult: means an individual who has attained the age of eighteen years. See Hawaii Revised Statutes 560:5-601
  • Adult: means a person eighteen years of age or older. See Hawaii Revised Statutes 571-2
  • Advanced practice registered nurse: means an advanced practice registered nurse with prescriptive authority as described in section 457-8. See Hawaii Revised Statutes 329-121
  • Advanced practice registered nurse with prescriptive authority: means a person licensed under section 457-8. See Hawaii Revised Statutes 329-1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Hawaii Revised Statutes 329-1
  • Aggravated circumstances: means that:

         (1)  The parent has murdered, or has solicited, aided, abetted, attempted, or conspired to commit the murder or voluntary manslaughter of, another child of the parent;

         (2)  The parent has committed a felony assault that results in serious bodily injury to the child or another child of the parent;

         (3)  The parent's rights regarding a sibling of the child have been judicially terminated or divested;

         (4)  The parent has tortured the child;

         (5)  The child is an abandoned infant;

         (6)  The parent has committed sexual abuse against another child of the parent; or

         (7)  The parent is required to register with a sex offender registry under section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, title 42 United States Code section 16913(a). See Hawaii Revised Statutes 587A-4

  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Application: means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Hawaii Revised Statutes 576B-701
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized agency: means the department, other public agency, or a person or organization that is licensed by the department or approved by the court to receive children for control, care, maintenance, or placement. See Hawaii Revised Statutes 587A-4
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • birth: as used in this chapter , is interchangeable with the term "natural" as that term is used in chapter 578. See Hawaii Revised Statutes 587A-4
  • Board: means the board of family court judges. See Hawaii Revised Statutes 571-2
  • caregiver: as used in this chapter does not pertain to court-ordered or voluntary foster placement. See Hawaii Revised Statutes 587A-4
  • Caregiver of a qualifying out-of-state patient: means a parent, guardian, or person having legal custody of a qualifying out-of-state patient who is under the age of eighteen years. See Hawaii Revised Statutes 329-121
  • Case plan: means a plan designed to ensure that a child on probation receives services and programming to achieve rehabilitation, proper care, and case management. See Hawaii Revised Statutes 571-2
  • Case plan: means the combined safe family home factors and the service plan or permanent plan. See Hawaii Revised Statutes 587A-4
  • Central authority: means the entity designated by the United States or a foreign country described in paragraph (4) of the definition of "foreign country" in section 576B-102 to perform the functions specified in the Convention. See Hawaii Revised Statutes 576B-701
  • Central fill pharmacy: means a pharmacy located in the State that is registered pursuant to section 329-32 to prepare controlled substance orders for dispensing to the ultimate user pursuant to a valid prescription transmitted to it by a registered pharmacy. See Hawaii Revised Statutes 329-1
  • Central repository: means a central repository established under section 329-102. See Hawaii Revised Statutes 329-1
  • Chambers: A judge's office.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child: means a person who is born alive and is less than eighteen years of age. See Hawaii Revised Statutes 587A-4
  • Circuit: refers to a judicial circuit, as specified in section 603-1. See Hawaii Revised Statutes 612-3
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Clear and convincing evidence: means the degree of proof that will produce in the mind of the trier of fact a firm belief or conviction that the fact sought to be proved is true. See Hawaii Revised Statutes 587A-4
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. See Hawaii Revised Statutes 103D-104
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means all types of agreements, regardless of what they may be called, for the procurement or disposal of goods or services, or for construction. See Hawaii Revised Statutes 103D-104
  • Controlled substance: means a drug, substance, or immediate precursor in schedules I through V of part II. See Hawaii Revised Statutes 329-1
  • Convention support order: means a support order of a tribunal of a foreign country described in paragraph (4) of the definition of "foreign country" in section 576B-102. See Hawaii Revised Statutes 576B-701
  • Conviction: A judgement of guilt against a criminal defendant.
  • Coordinated services: means treatment, education, care, services, and other resources provided by one or more distinct state or local agencies in a coordinated manner for a child who is involved with two or more youth-serving agencies. See Hawaii Revised Statutes 571-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Counterfeit substance: means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance. See Hawaii Revised Statutes 329-1
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Court: means any duly constituted court. See Hawaii Revised Statutes 560:5-601
  • Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
  • Court: means one of the family courts established pursuant to chapter 571. See Hawaii Revised Statutes 587A-4
  • Court: means the circuit and district courts of this State, and includes, when the context requires, any judge of the court. See Hawaii Revised Statutes 612-3
  • Court-appointed special advocate: means a responsible adult volunteer who has been trained and is supervised by a court-appointed special advocate program recognized by the court, and who, when appointed by the court, serves as an officer of the court in the capacity of a guardian ad litem. See Hawaii Revised Statutes 587A-4
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Criminal history record check: means an examination of an individual's criminal history through fingerprint analysis or name inquiry into state and national criminal history records and files, including the files of the Hawaii criminal justice data center. See Hawaii Revised Statutes 587A-4
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Date of entry into foster care: means the date a child was first placed in foster custody by the court or sixty days after the child's actual removal from the home, whichever is earlier. See Hawaii Revised Statutes 587A-4
  • Dating relationship: means a romantic, courtship, or engagement relationship, often but not necessarily characterized by actions of an intimate or sexual nature, but does not include a casual acquaintanceship or ordinary fraternization between persons in a business or social context. See Hawaii Revised Statutes 586-1
  • Debilitating medical condition: means :

         (1)  Cancer, glaucoma, lupus, epilepsy, multiple sclerosis, rheumatoid arthritis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions;

         (2)  A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

              (A)  Cachexia or wasting syndrome;

              (B)  Severe pain;

              (C)  Severe nausea;

              (D)  Seizures, including those characteristic of epilepsy;

              (E)  Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease; or

              (F)  Post-traumatic stress disorder; or

         (3)  Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or advanced practice registered nurse or potentially qualifying patient. See Hawaii Revised Statutes 329-121

  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Default: means the status found by the court when a party who has been properly served or notified of a scheduled hearing fails to appear at court for the hearing or fails to plead or otherwise defend, thereby allowing the court to proceed without the absent party. See Hawaii Revised Statutes 587A-4
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • delivery: means the actual, constructive, or attempted transfer or sale from one person to another of a controlled substance or drug paraphernalia, whether or not there is an agency relationship. See Hawaii Revised Statutes 329-1
  • Department: means the department of public safety. See Hawaii Revised Statutes 329-1
  • Department: means the department of human services and its authorized representatives. See Hawaii Revised Statutes 587A-4
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated member of the health care team: includes physician assistants, advanced practice registered nurses, and covering physicians who are authorized under state law to prescribe drugs. See Hawaii Revised Statutes 329-1
  • Designated state agency: means the narcotics enforcement division, department of public safety. See Hawaii Revised Statutes 329-1
  • 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

  • Detoxification treatment: means the dispensing, for a specific period of time, of a narcotic drug or narcotic drugs in decreasing doses to an individual to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within a specified period of time. See Hawaii Revised Statutes 329-1
  • Devise: To gift property by will.
  • Direct request: means a petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States. See Hawaii Revised Statutes 576B-701
  • Disability: means the state of having a physical or mental impairment that substantially limits one or more of a person's major life activities, having a record of such an impairment, or being regarded as having such an impairment. See Hawaii Revised Statutes 612-3
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the administering of a practitioner's controlled substances, and packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Hawaii Revised Statutes 329-1
  • Dispenser: means a practitioner who dispenses. See Hawaii Revised Statutes 329-1
  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See Hawaii Revised Statutes 329-1
  • Distributor: means a person who distributes. See Hawaii Revised Statutes 329-1
  • Docket: A log containing brief entries of court proceedings.
  • Domestic abuse: means :

         (1)  Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse or malicious property damage between family or household members; or

         (2)  Any act which would constitute an offense under section 709-906, or under part V or VI of chapter 707 committed against a minor family or household member by an adult family or household member. See Hawaii Revised Statutes 586-1

  • Dower: A widow
  • Drug: means :

         (1)  Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

         (2)  Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;

         (3)  Substances (other than food) intended to affect the structure or any function of the body of man or animals; and

         (4)  Substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. See Hawaii Revised Statutes 329-1

  • Drug Enforcement Administration registration number: means the practitioner's Drug Enforcement Administration controlled substance registration number. See Hawaii Revised Statutes 329-1
  • Drug paraphernalia: means all equipment, products, and materials of any kind which are used, primarily intended for use, or primarily designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. See Hawaii Revised Statutes 329-1
  • Electronic communication: means communication that is facilitated by any wired or wireless technology via the Internet or any other electronic media, including but not limited to communication by telephone, electronic mail, instant messaging, video conferencing, and web camera. See Hawaii Revised Statutes 571-2
  • Electronic prescription: means a prescription that is generated on an electronic prescription application and transmitted as an electronic data file that complies with all applicable requirements of title 21 Code of Federal Regulations part 1311 and any additional rules adopted by the department. See Hawaii Revised Statutes 329-1
  • Electronic signature: means a method of signing an electronic message that identifies a particular person as the source of the message and indicates the person's approval of the information contained in the message. See Hawaii Revised Statutes 329-1
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Ephedrine: includes any synthetic compound, salt, derivative, mixture, or preparation extracted from the plant (genus) Ephedra that contains the substance ephedrine. See Hawaii Revised Statutes 329-1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Evidence-based practices: means supervision policies, procedures, and practices, as well as treatment and intervention programs, that research demonstrates are likely to reduce delinquency amongst children in the juvenile justice system. See Hawaii Revised Statutes 571-2
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Extreme psychological abuse: means an intentional or knowing course of conduct directed at an individual that seriously alarms or disturbs consistently or continually bothers the individual, and that serves no legitimate purpose; provided that such course of conduct would cause a reasonable person to suffer extreme emotional distress. See Hawaii Revised Statutes 586-1
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family: means each legal parent of a child; the birth mother, unless the child has been legally adopted; the concerned birth father 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

  • Family home: means the home of the child's legal custodian. See Hawaii Revised Statutes 587A-4
  • Family supervision: means the legal status in which a child's legal custodian is willing and able, with the assistance of a service plan, to provide the child with a safe family home. See Hawaii Revised Statutes 587A-4
  • Family violence: means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense:

         (1)  Attempting to cause or causing physical harm to another family or household member;

         (2)  Placing a family or household member in fear of physical harm; or

         (3)  Causing a family or household member to engage involuntarily in sexual activity by force, threat of force, or duress. See Hawaii Revised Statutes 571-2

  • Felony: A crime carrying a penalty of more than a year in prison.
  • Felony: means a crime as defined in section 701-107(2). See Hawaii Revised Statutes 612-3
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Foster care: means continuous twenty-four-hour care and supportive services provided for a child by an authorized agency or the court, including, the care, supervision, guidance, and rearing of a child by a resource family. See Hawaii Revised Statutes 587A-4
  • Foster custodian: means the authorized agency that has foster custody of the child. 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
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all property, including but not limited to equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, excluding land or a permanent interest in land, leases of real property, and office rentals. See Hawaii Revised Statutes 103D-104
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • 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.
  • Guardian ad litem: means any person who is appointed by the court under this chapter to protect and promote the needs and interests of a child or a party, including a court-appointed special advocate. See Hawaii Revised Statutes 587A-4
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hanai relative: means an adult, other than a blood relative, whom the court or department has found by credible evidence to perform or to have performed a substantial role in the upbringing or material support of a child, as attested to by the written or oral designation of the child or of another person, including other relatives of the child. 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 712‑1202(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

  • Hawaii products: means products that are mined, excavated, produced, manufactured, raised, or grown in the State and where the cost of the Hawaii input towards the product exceeds fifty per cent of the total cost of the product; provided that:

         (1)  Where the value of the input exceeds fifty per cent of the total cost, the product shall be classified as class I; and

         (2)  Where any agricultural, aquacultural, horticultural, silvicultural, floricultural, or livestock product is raised, grown, or harvested in the State, the product shall be classified as class II. See Hawaii Revised Statutes 103D-1001

  • Health care data: means information submitted for outcomes, trends, or cost analysis, and research or informed policy and decision making relating to health care costs, mortality, morbidity, and treatment outcomes including but not limited to the:

         (1)  Date of admission and date of discharge;

         (2)  Patient discharge status;

         (3)  Principal and secondary diagnoses;

         (4)  Principal and secondary procedures;

         (5)  Total charge segregated by service, procedures, facility, drugs, and medical supplies used; and

         (6)  Total payment reimbursed to the health care professional or provider. See Hawaii Revised Statutes 622-51

  • 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.
  • Home visit: means an announced or unannounced visit to a child's place of residence, conducted by the child's probation officer. See Hawaii Revised Statutes 571-2
  • Identification number: means , with respect to a patient:

         (1)  The patient's unique valid driver's license number or state identification card number, followed by the abbreviation of the state issuing the driver's license or state identification card, or the patient's military identification number;

         (2)  If the patient is a foreign patient, the patient's passport number;

         (3)  If the patient does not have a valid driver's license, state identification card, or military identification, the patient's social security number;

         (4)  If the patient is less than eighteen years of age and has none of the identification referred to in paragraph (1), (2), or (3), the unique number on the valid driver's license, state identification card, military identification, or passport of the patient's parent or guardian; or

         (5)  If the controlled substance is obtained for an animal, the unique number of the animal's owner as described in paragraph (1), (2), or (3). See Hawaii Revised Statutes 329-1

  • Immediate precursor: means a substance which the department of public safety has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. See Hawaii Revised Statutes 329-1
  • 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

  • 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
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Incapacitated person: means a person as defined in section 560:5-102. See Hawaii Revised Statutes 560:5-601
  • Incapacitated person: means a person who, even with appropriate and reasonably available assistance, is unable to substantially:

         (1)  Comprehend the legal significance of the issues or nature of the proceedings under this chapter;

         (2)  Consult with counsel; and

         (3)  Assist in preparing the person's case or strategy. See Hawaii Revised Statutes 587A-4

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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
  • Informed assent: means a process by which a ward who lacks the legal capacity to consent to sterilization is given a fair opportunity to acknowledge the nature, risks, and consequences of the procedure and, insofar as the ward is able to, indicates willingness and choice to undergo sterilization. See Hawaii Revised Statutes 560:5-601
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interdepartmental cluster: means the regular coordination of several agencies, directed by the judiciary, to more efficiently provide services for high-need, court-involved children. See Hawaii Revised Statutes 571-2
  • Interested person: means an interested, responsible adult, including but not limited to a public official, the legal guardian, spouse or reciprocal beneficiary, parent, legal counsel, adult child, or next of kin of a person allegedly mentally ill, mentally deficient, or as otherwise provided in this chapter. See Hawaii Revised Statutes 560:5-601
  • Intestate: Dying without leaving a will.
  • Invitation for bids: means all documents, whether attached or incorporated by reference, utilized for soliciting bids. See Hawaii Revised Statutes 103D-104
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judge: means any judge of the family court or per diem judge appointed by the chief justice as provided in section 604-2. See Hawaii Revised Statutes 560:5-601
  • 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.
  • Juror: A person who is on the jury.
  • Jury wheel: means any physical device or electronic system for the storage of the names or identifying numbers of prospective jurors. See Hawaii Revised Statutes 612-3
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Malicious property damage: means an intentional or knowing damage to the property of another, without his consent, with an intent to thereby cause emotional distress. See Hawaii Revised Statutes 586-1
  • Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance:

         (1)  By a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice, or

         (2)  By a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. See Hawaii Revised Statutes 329-1

  • Marijuana: means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. See Hawaii Revised Statutes 329-1
  • Meaningful contact: means parent and child interactions, activities, and experiences, performed together, which nurture the parent-child attachment and relationship, while contributing to the child's development in a positive and effective manner. See Hawaii Revised Statutes 571-2
  • Medical facility: means a hospital operated by a public entity, a hospital licensed under chapter 321, the office of a medical group practice, a licensed physician's office, or any other type of facility where medical records relating to the care or treatment of a patient are kept. See Hawaii Revised Statutes 622-51
  • Medical use: means the acquisition, possession, cultivation, use, distribution, or transportation of cannabis or paraphernalia relating to the administration of cannabis to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition; provided that "medical use" does not include the cultivation or distribution of cannabis or paraphernalia by a qualifying out-of-state patient or the caregiver of a qualifying out-of-state patient. See Hawaii Revised Statutes 329-121
  • minor: means a person less than eighteen years of age. See Hawaii Revised Statutes 571-2
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • multiple-party account: is a ny of the following types of account:  (1) a joint account, (2) a payable-on-death account, or (3) a trust account. See Hawaii Revised Statutes 560:6-101
  • Name: when used in connection with prospective jurors, includes identifying numbers of the jurors. See Hawaii Revised Statutes 612-3
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

         (1)  Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. See Hawaii Revised Statutes 329-1

  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office paper: includes computer paper, bond paper, ledger paper, xerographic copier paper, envelopes, and other related types of paper on which printing, writing, or drawing is intended. See Hawaii Revised Statutes 103D-1001
  • Officer: means a public officer, but does not include a person before whom a deposition is being taken. See Hawaii Revised Statutes 622-51
  • Ohana conference: means a family-focused, strength-based meeting conducted by trained community facilitators that is designed to build and enhance the network of protection for a child who is subject to a proceeding under this chapter. See Hawaii Revised Statutes 587A-4
  • Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Hawaii Revised Statutes 329-1
  • Opium poppy: means the plant of the species Papaver somniferum, except its seeds. See Hawaii Revised Statutes 329-1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means any legal parent of a child; the birth mother, unless the child has been legally adopted; the adjudicated, presumed, or concerned birth father of the child as provided in section 578-2(a)(5), unless the child has been legally adopted; or the legal guardians or any other legal custodians of the child. See Hawaii Revised Statutes 587A-4
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account. See Hawaii Revised Statutes 560:6-101
  • 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 section 587A-13, except as otherwise provided in this chapter. See Hawaii Revised Statutes 587A-4
  • Permanent custody: means the legal status created by order of the court after the termination of parental rights as set forth in this chapter. See Hawaii Revised Statutes 587A-4
  • Permanent plan: means a specific, comprehensive written plan prepared pursuant to section 587A-32. See Hawaii Revised Statutes 587A-4
  • Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Hawaii Revised Statutes 329-1
  • Person: means every individual, partnership, firm, society, unincorporated association, joint venture, group, hui, joint stock, company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other entities, whether the persons are doing business for themselves or in any agency or fiduciary capacity. See Hawaii Revised Statutes 103D-1001
  • Personal property: All property that is not real property.
  • Pharmacist: means a person who is licensed or holds a permit under chapter 461 to practice pharmacy, including a pharmacy intern who is under the immediate and direct supervision of a licensed pharmacist. See Hawaii Revised Statutes 329-1
  • Physician: means a person who is licensed to practice under chapter 453 and is licensed with authority to prescribe drugs and is registered under section 329-32. See Hawaii Revised Statutes 329-121
  • Physician assistant: means a person licensed under section 453-5. See Hawaii Revised Statutes 329-1
  • Physician-patient relationship: means the collaborative relationship between physicians and their patients. See Hawaii Revised Statutes 329-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Police officer: means a person employed by any county in the State of Hawaii to enforce the laws and ordinances for preserving the peace and maintaining safety and order in the community, or an employee authorized by the director of public safety under section 329-51 or 353C-4 to exercise the powers set forth in this chapter. See Hawaii Revised Statutes 587A-4
  • Policy board: means the procurement policy board created in section 103D-201. See Hawaii Revised Statutes 103D-104
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Hawaii Revised Statutes 329-1
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practitioner: means :

         (1)  A physician, dentist, veterinarian, scientific investigator, or other person licensed and registered under section 329-32 to distribute, dispense, or conduct research with respect to a controlled substance in the course of professional practice or research in this State;

         (2)  An advanced practice registered nurse with prescriptive authority licensed and registered under section 329-32 to prescribe and administer controlled substances in the course of professional practice in this State; and

         (3)  A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State. See Hawaii Revised Statutes 329-1

  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Prescribe: means to direct, designate, or order the use of a formula for the preparation of a medicine for a disease or illness and the manner of using them. See Hawaii Revised Statutes 329-1
  • Prescriber: means one who is authorized to issue a prescription. See Hawaii Revised Statutes 329-1
  • Prescription: means an order for medication, which is dispensed to or for an ultimate user. See Hawaii Revised Statutes 329-1
  • Primary caregiver: means a person eighteen years of age or older, other than the qualifying patient and the qualifying patient's physician or advanced practice registered nurse, who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of cannabis. See Hawaii Revised Statutes 329-121
  • Printed material: includes business forms, stationery, business cards, brochures, reports, publications, advertising and promotional collateral, and other related materials, including reports, publications, and related materials commissioned as part of any professional services contract. See Hawaii Revised Statutes 103D-1001
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. See Hawaii Revised Statutes 103D-104
  • Procurement officer: means any person authorized to enter into and administer contracts and make written determinations with respect thereto. See Hawaii Revised Statutes 103D-104
  • Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Hawaii Revised Statutes 329-1
  • Products: include materials, manufactures, supplies, merchandise, goods, wares, products, and foodstuffs. See Hawaii Revised Statutes 103D-1001
  • Proof of death: includes a death certificate or record or report which is prima facie proof of death under section 560:1-107;

         "Request" means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal;

         "Sums on deposit" means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party;

         "Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Hawaii Revised Statutes 560:6-101

  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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 custody: means the legal status of a child whose physical custody is assumed by a police officer under this chapter. See Hawaii Revised Statutes 587A-4
  • 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
  • Purchasing agency: means any governmental body which is authorized by this chapter or its implementing rules and procedures, or by way of delegation, to enter into contracts for the procurement of goods, services, or construction. See Hawaii Revised Statutes 103D-104
  • Qualifying patient: means a person who has been diagnosed by a physician or advanced practice registered nurse as having a debilitating medical condition. See Hawaii Revised Statutes 329-121
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Records: include , but is not limited to, all written clinical information, observations and reports, or fiscal documents relating to a ward who has undergone or is about to undergo sterilization and which is related to the sterilization. See Hawaii Revised Statutes 560:5-601
  • Relative: means a person related to a child by blood or adoption, or a hanai relative as defined in this chapter, who, as determined by the court or the department, is willing and able to safely provide support to the child and the child's family. See Hawaii Revised Statutes 587A-4
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Request: means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal;

         "Sums on deposit" means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party;

         "Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Hawaii Revised Statutes 560:6-101

  • Request for proposals: means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. See Hawaii Revised Statutes 103D-104
  • Residual parental rights and responsibilities: means those rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including, but not necessarily limited to, the right to reasonable visitation, consent to adoption or marriage, and the responsibility for support. See Hawaii Revised Statutes 571-2
  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • 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
  • Safe family home factors: means a list of criteria that must be considered in determining whether a parent is able to provide a safe family home as set out herein in section 587A-7. See Hawaii Revised Statutes 587A-4
  • Senior judge: means the judge so designated, as provided in this chapter. See Hawaii Revised Statutes 571-2
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service plan: means a specific, comprehensive written plan prepared by an authorized agency pursuant to section 587A-27. See Hawaii Revised Statutes 587A-4
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shelter: means the temporary care of children in physically unrestricting facilities pending court disposition. See Hawaii Revised Statutes 571-2
  • Specifications: means any description of the physical or functional characteristics, or of the nature of a good, service, or construction item. See Hawaii Revised Statutes 103D-104
  • State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. See Hawaii Revised Statutes 329-1
  • Statewide cluster: means the statewide juvenile justice interdepartmental cluster as established under section 571-86. See Hawaii Revised Statutes 571-2
  • Status offender: means any child coming within the family court's jurisdiction under section 571-11(2)(B), (C), or (D). See Hawaii Revised Statutes 571-2
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Sterilization: means any medical or surgical operation or procedure which can be expected to result in a patient's permanent inability to reproduce. See Hawaii Revised Statutes 560:5-601
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervising physician: means a physician licensed to practice medicine in the State and registered under section 329-33, who supervises a physician assistant and retains full professional and legal responsibility for the performance of the supervised physician assistant and the care and treatment of the patient. See Hawaii Revised Statutes 329-1
  • System: means an electronic prescription accountability system as described in part VIII. See Hawaii Revised Statutes 329-1
  • Temporary foster custody: means a legal status created under this chapter with or without a court order, whereby the department temporarily assumes the duties and rights of a foster custodian of a child. See Hawaii Revised Statutes 587A-4
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Termination of parental rights: means the severance of parental rights. See Hawaii Revised Statutes 587A-4
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • 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
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Ultimate user: means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household. See Hawaii Revised Statutes 329-1
  • United States central authority: means the Secretary of the United States Department of Health and Human Services. See Hawaii Revised Statutes 576B-701
  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
  • Usable cannabis: means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for the medical use of cannabis. See Hawaii Revised Statutes 329-121
  • Venue: The geographical location in which a case is tried.
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Ward: means an incapacitated person for whom a guardian has been appointed and who, because of the terms of the appointment of the guardian, lacks the legal power to consent to sterilization. See Hawaii Revised Statutes 560:5-601
  • Withdrawal: includes payment to a third person pursuant to check or other directive of a party. See Hawaii Revised Statutes 560:6-101
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • Written certification: means the qualifying patient's medical records or a statement signed by a qualifying patient's physician or advanced practice registered nurse, stating that in the physician's or advanced practice registered nurse's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of cannabis would likely outweigh the health risks for the qualifying patient. See Hawaii Revised Statutes 329-121