Rule 124 – Informal Adjustment Procedure

May 11, 2021 | Family Law, Hawaii

The court officer shall inform the parties that informal adjustment will not constitute an adjudication of jurisdiction and that if they wish the facts to be determined by the court at a hearing, no effort will be made to arrive at informal adjustment. If the court decides to continue the intake process to attempt informal adjustment of the complaint, plans for continuing contact with the child by the probation department without the filing of a petition shall be discussed. The parties shall be informed that information obtained from them by the probation department during the intake period will not be admissible in evidence against them at the adjudication hearing, that they need not continue to participate in the adjustment process; and that the effort at informal adjustment shall not prevent the filing of a petition at a future date. However, no such petition shall be filed if 90 days have elapsed after the complaint has been received by the court unless prior thereto an extension of the time for filing has been approved by a judge.

The parties shall be informed, however, that an informal adjustment if agreed upon is tantamount to an admission of the child’s complicity in the commission of the offense and that this information may be considered at a disposition hearing for any subsequently adjudicated offense.

Haw. Fam. Ct. R. 124

Amended October 11, 1999, effective January 1, 2000.