Rule 134 – Prehearing Procedure

May 11, 2021 | Family Law, Hawaii

Upon receipt of notice of admission by the court, a prompt investigation shall be made of a child who has not been released by the director of detention services or other person with custody of the child. The investigation shall be made by a member of the court’s staff who shall prepare a report of the investigation in writing to include (a) whether or not the child requires care away from the child’s home and the reason therefor; (b) if so, whether or not the child requires secure physical restriction either for the child’s own welfare or for the safety of the community; (c) what agencies or individuals other than the court and its staff are currently active in treatment or consultation with the child or the child’s family; (d) what efforts have been made to notify such agencies or individuals of the detention hearing; and (e) what alternatives are available other than continued detention.

In the event that the child is within the court’s jurisdiction under the provisions of HRS section 571-11(1) or (2) as the result of a previous adjudication, the probation officer assigned to the case, or the probation officer’s supervisor, shall be notified of the child’s detention, and shall be consulted prior to the child’s release before the detention hearing. Whenever possible, the probation officer, or the probation officer’s substitute, shall be present at the initial detention hearing.

Haw. Fam. Ct. R. 134

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