Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 571
Hawaii Revised Statutes

Haw. Rev. Stat. § 571-31.8 (2026)

] Contact with counsel; parent, guardian, or legal custodian; consultation

✓ current as of July 2026
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     [§571-31.8]  Contact with counsel; parent, guardian, or legal custodian; consultation.  (a)  Before the waiver of any right against self-incrimination by and before a custodial interrogation of a child under eighteen years of age, the child shall have contact with legal counsel in person, by telephone, or by video conference, and shall also, to the extent practicable, have contact with a parent, guardian, or legal custodian in person, by telephone, or by video conference.  The contact may not be waived.

     (b)  The court, in determining the admissibility of statements of a child under eighteen years of age made during or after the waiver of any right against self-incrimination or during or after a custodial interrogation, shall consider the effect of any failure of the officer who had custody of the child to take steps to comply with subsection (a).

     (c)  Any officer who has arrested a child under eighteen years of age shall notify the child's parent, guardian, or legal custodian that the child has been arrested and shall provide the location of the child's detainment. [L 2023, c 180, §3]

 

 

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: 109oag3 (Md. Att'y Gen. 2024).
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109oag3 (Md. Att'y Gen. 2024). “6 (a) (requiring, before custodial interrogation of a child 17 years or younger, that the child consult with legal counsel, and providing that the consultation “may not be waived”); Haw. Rev. Stat. Ann. § 571-31.8 (a) (providing that, “[b]efore the waiver of any right against…”
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