(a) Purpose and scope. The purpose of these rules is to implement the provisions of the Hawai’i Family Court Act, Chapter 571, Hawai’i Revised Statutes, relating to cases coming under sections 571-11(1) and (2). (b) Definitions. In addition to statutory definitions set forth in HRS section 571-2 as used in these rules, unless the context requires another meaning:
(1) “Adjudication hearing” means a hearing for the purpose of determining whether the allegations of a petition are admitted or established under the provisions of HRS chapter 571, and these rules. (2) “Complaint” means an oral or written report to the court concerning a child who is alleged to come within the provisions of HRS section 571-11(1) or (2). (3) “Custodian” means a parent or other person or an agency having or legally exercising the physical custody of a child. (4) “Disposition hearing” means a hearing for the purpose of determining what shall be done on behalf of a child who has been adjudged to come within the provisions of HRS section 571-11(1) or (2). (5) “Parent” means a legal parent of a child who is the legal subject of a court proceeding. If the child has no legal parents but does have a legally appointed guardian of the child’s person, such legal guardian shall be deemed to be the parent for the purpose of these rules unless the court shall have appointed a guardian ad litem for the child pursuant to these rules in which event the guardian ad litem shall be deemed the child’s parent. (6) “Party” means a child who is the subject of a court proceeding; or the parent, guardian, or legal custodian of such child; or any person or agency denominated by the statute or the court as a party in a given case. (7) “Petition” means the legal document containing the allegations upon which the court’s jurisdiction is based. (8) “Transfer hearing” or “Waiver hearing” means a hearing for the purpose of determining whether a person should be transferred for trial as an adult for a felony offense allegedly committed during the person’s minority.
Haw. Fam. Ct. R. 121
Amended October 11, 1999, effective January 1, 2000; further amended November 20, 2014, effective January 1, 2015.
