Rule 5.1 – Notice in Proceedings Relating to Child in Foster Care

May 11, 2021 | Family Law, Hawaii

In any judicial proceeding held with respect to a child in foster care or pursuant to Chapter 587A of the Hawai’i Revised Statutes, the foster parents, pre-adoptive parents, and/or relative caregivers of the child, or their attorney, shall be duly notified in writing of the proceeding. The petitioning party shall bear the burden of preparing and serving notice. Notice shall include the name of the court and names of the parties, as well as the date, time, location, and nature of the proceeding. Unless otherwise ordered by the court, notice shall be served at least 24 hours before a hearing for temporary foster custody and 48 hours before any other scheduled proceeding, subject to a shortening of time when a proceeding is set within a shorter time frame. If notice is not served, no proceeding shall be held except as ordered by the court upon good cause shown. Failure to provide notice as required herein may result in sanctions pursuant to Rule 89(b) of these rules.

Haw. Fam. Ct. R. 5.1

Adopted March 25, 2008, effective July 1, 2008; amended November 20, 2014, effective January 1, 2015.