PART III.
INITIATION OF CASES
Law Journals and Reviews
In the Best Interests of the Child: Juvenile Justice or
Adult Retribution? 23 UH L. Rev. 341 (2000).
§571-21 Complaint; investigation; petition.
(a) Except as provided in subsection (b), whenever the court is informed by
any person that a minor is within the purview of section 571-11(1) or (2), the
intake officer shall make a preliminary investigation to determine whether
informal adjustment is suitable under section 571-31.4 or 571-31.5. The court
may authorize the filing of a petition, may make whatever arrangement for
informal adjustment that is suitable under section 571-31.4, 571-31.5, or
571-31.6; or may take action that is otherwise allowed under this chapter.
Efforts to effect informal adjustment may be continued no longer than three
months without review by the judge.
(b) In cases of violation of a law or
ordinance by a child, the issuance of a citation or summons, when provided for
by law or ordinance, shall be sufficient to invoke the jurisdiction of the
court, which may proceed to dispose of the case with or without preliminary
investigation and the filing of a petition.
(c) When a complaint or petition is made or
sought to be filed against a member of the complainant's family, the court's
staff may, when required by the judge or if requested by either party, process
the matter under section 571-31.3.
(d) In children's cases under section
571-11(1) and (2), the petition and all subsequent court documents shall be
suitably entitled so as to indicate that the proceeding is in the interest of,
rather than against, the child or minor involved. The petition shall be
verified and statements may be made upon information and belief. The petition
shall set forth plainly the:
(1) Facts that bring the child within the purview of
this chapter;
(2) Name, age, and residence of the child;
(3) Names and residences of the child's parents; and
(4) Name and residence of the child's legal guardian
if there is one, of the person or persons having custody or control of the
child, or of the nearest known relative if no parent or guardian can be found.
If any of the facts required are not known by the
petitioner, the petition shall so state. In cases brought pursuant to section
571-11(2)(A) and (C), a certified copy of the child's school attendance records
shall constitute prima facie evidence of the child's nonattendance at school or
nonreceipt of educational services. For the purposes of this subsection,
"certified copy" means a copy signed by the principal and educator of
the child whose class the child did not attend.
(e) The family courts may, by suitable orders,
provide regulations concerning the titles, filing, investigation, and the form
and content of petitions and other pleadings in cases under this chapter, or
these matters may be governed by the rules of court.
(f) A petition alleging violation or attempted
violation of any federal, state, or local law or county ordinance pursuant to
section 571-11(1) shall not be filed in a case involving a child under the age
of twelve. [L 1965, c 232, pt of §1; Supp, §333-12; am L 1966, c 22, §6; HRS
§571-21; am L 1973, c 211, §1(d); am L 1977, c 11, §1; am L 1980, c 303, §7(3);
gen ch 1985; am L 1992, c 66, §2; am L 1994, c 22, §2; am L 2018, c 18, §44; am
L 2025, c 84, §3]
Rules of Court
Commencement of action, see HFCR rules 3, 122.
Pleadings, see Hawaii Family Court Rules, part A(III).
Notes of Decisions
In the Interest of Doe, 869 P.2d 1304 (Haw. 1994).
· cites it 4× “HRS § 571-21 (1985 & Supp.1992) provides in relevant part: Complaint; investigation; petition.”
In Interest of Doe, 928 P.2d 883 (Haw. 1996).
· cites it 2× “HRS § 571-21 (1993). Once that petition is filed, the court has the power to provide for the temporary placement of the child, if necessary, until the child is adjudicated.”
State v. Stanley, 592 P.2d 422 (Haw. 1979).
· cites it 2× “3 Charges were initiated pursuant to HRS §§ 571-21 and 571-11 (1976). 4 HRS § 571-22 (1976) outlines the conditions under which the family court may waive jurisdiction over a person who is alleged to have committed, while a minor of at least 16 years of age, a felony offense.”
In the Interest of Doe, 594 P.2d 1084 (Haw. 1979).
· cites it 2× “ere the person during his minority,” but on or after his sixteenth birthday, is alleged to have committed an act which would constitute a felony if committed by an adult, and the court finds there is no evidence the person is committable to an institution for the mentally…”
State v. English, 594 P.2d 1069 (Haw. 1978).
· cites it 2× “HRS § 571-21 (1976). [3] Prior to the alleged burglary offenses, appellee was already in the custody of the Hawaii Youth Correctional Facility, presumably, for a previous offense.”
In the Interest of N.C., 231 P.3d 457 (Haw. 2010).
· cites it 11× “HRS section 571-21 describes the initiation of a child’s case, in relevant part, as follows: (a) Except as p^-ovided in subsection (b), whenever the court is informed by any person that a minor is within the purview of section 571-11(1) or (2), the intake officer shall make a…”
In Interest of Doe, 650 P.2d 603 (Haw. App. 1982).
“Section 571-21(d), HRS (1976), provides in relevant part: “In children’s cases, under section 571-11(1).”
In Re Nc, 231 P.3d 457 (Haw. 2010).
· cites it 11× “HRS section 571-21 describes the initiation of a child's case, in relevant part, as follows: (a) Except as provided in subsection (b), whenever the court is informed by any person that a minor is within the purview of section 571-11(1) or (2), the intake officer shall make a…”
— Haw. Rev. Stat. § 571-21(a) — 2 cases
In the Interest of N.C., 231 P.3d 457 (Haw. 2010).
“HRS section 571-21 describes the initiation of a child’s case, in relevant part, as follows: (a) Except as p^-ovided in subsection (b), whenever the court is informed by any person that a minor is within the purview of section 571-11(1) or (2), the intake officer shall make a…”
In Re Nc, 231 P.3d 457 (Haw. 2010).
“HRS section 571-21 describes the initiation of a child's case, in relevant part, as follows: (a) Except as provided in subsection (b), whenever the court is informed by any person that a minor is within the purview of section 571-11(1) or (2), the intake officer shall make a…”
— Haw. Rev. Stat. § 571-21(d) — 3 cases
In Interest of Doe, 650 P.2d 603 (Haw. App. 1982).
“Section 571-21(d), HRS (1976), provides in relevant part: “In children’s cases, under section 571-11(1).”
In the Interest of N.C., 231 P.3d 457 (Haw. 2010).
“HRS section 571-21 describes the initiation of a child’s case, in relevant part, as follows: (a) Except as p^-ovided in subsection (b), whenever the court is informed by any person that a minor is within the purview of section 571-11(1) or (2), the intake officer shall make a…”
In Re Nc, 231 P.3d 457 (Haw. 2010).
“HRS section 571-21 describes the initiation of a child's case, in relevant part, as follows: (a) Except as provided in subsection (b), whenever the court is informed by any person that a minor is within the purview of section 571-11(1) or (2), the intake officer shall make a…”
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