Terms Used In Hawaii Revised Statutes > Chapter 329 > Part VI
- 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
- 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
- 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
- Administrator: means the administrator of the narcotics enforcement division of the department of public safety. 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.
- 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.
- 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.
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- 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
- caregiver: as used in this chapter does not pertain to court-ordered or voluntary foster placement. See Hawaii Revised Statutes 587A-4
- Case plan: means the combined safe family home factors and the service plan or permanent plan. See Hawaii Revised Statutes 587A-4
- 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
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Controlled substance: means a drug, substance, or immediate precursor in schedules I through V of part II. See Hawaii Revised Statutes 329-1
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Court: means one of the family courts established pursuant to chapter 571. See Hawaii Revised Statutes 587A-4
- 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
- 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
- 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.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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
- 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
- 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
- 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.
- 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
- 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
- Felony: A crime carrying a penalty of more than a year in prison.
- 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
- 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.
- 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;
(E) Failure to thrive;
(F) Soft tissue swelling;
(G) Extreme pain;
(H) Extreme mental distress;
(I) Gross degradation;
(K) Fracture of any bone;
(L) Subdural hematoma; or
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
- 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.
- 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
- 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 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
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- 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
- 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
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- 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.
- 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
- 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.
- 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 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
- 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
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Prescription: means an order for medication, which is dispensed to or for an ultimate user. See Hawaii Revised Statutes 329-1
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Hawaii Revised Statutes 329-1
- 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
- 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
- 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
- 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).
- 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
- 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
- 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
- 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
- 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.
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- 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.
- Termination of parental rights: means the severance of parental rights. See Hawaii Revised Statutes 587A-4
- 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
- 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.
- 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
- Venue: The geographical location in which a case is tried.
- 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.