PART IV.
CUSTODY, DETENTION, AND SHELTER
§571-31 Taking children into custody;
release; notice. (a) A child may be taken into custody by any police
officer without order of the judge when there are reasonable grounds to believe
that a child comes within section 571-11(1) or (2), or by any police or
probation officer when there are reasonable grounds to believe that the child
has violated a court order of probation or protective supervision.
(b) When an officer or other person takes a
child into custody, the parents, guardian, or legal custodian shall be notified
immediately. The child shall be:
(1) Released to the care of the child's parent or
other responsible adult;
(2) Referred or delivered to the court or other
designated agency with or without simultaneous release to parent or other
responsible adult; or
(3) Taken directly to a detention facility if the
child's immediate welfare or the protection of the community requires it or if
the child is subject to detention for violation of a court order of probation
or protective supervision.
(c) If the person taking the child into
custody believes it desirable, the child's parent, guardian, or legal custodian
may be required to sign a written promise to take the child to the court or
other designated agency at the time arranged, or to the court at the time
directed by the court.
(d) If a parent or other responsible custodian
fails to produce the child in court or at another designated agency as required
by an authorized notice, or when notified by the court, a summons or warrant
may be issued for the apprehension of that person or the child or both. The
court may assess the cost of the issuance and execution of the summons or
warrant against the person. [L 1965, c 232, pt of §1; Supp, §333-16; HRS
§571-31; am L 1972, c 2, pt of §33; am L 1976, c 85, §7; am L 1980, c 303, §4(2);
am L 1988, c 294, §2; am L 2018, c 18, §45]
Rules of Court
Shelter and detention, see Hawaii Family Court Rules, part
D(V).
Law Journals and Reviews
On suppression of evidence seized in violation of statute,
see Suppression of Evidence Without the Aid of the Fourth, Fifth and Sixth
Amendments. 8 HBJ, no. 4, at 109 (1972).
Case Notes
Subsection (b) only requires that police contact a minor's
parent, guardian, or legal custodian to notify them that their child is in
police custody; it does not give statutory right to minor's parent, guardian,
or legal custodian to communicate with the minor prior to and to be present at
the minor's custodial interrogation. 90 H. 246, 978 P.2d 684 (1999).
In absence of any specified time limit in the HRS, when a
child who is taken into custody under this section is going to be released to
the custody of the child's parent or other responsible adult under subsection
(b)(1), the release to the parent or responsible adult must occur within a
reasonable time. 91 H. 147 (App.), 981 P.2d 704 (1998).
In the absence of any evidence that lapse of time was
unreasonable, police did not violate notification requirement of subsection
(b). 91 H. 147 (App.), 981 P.2d 704 (1998).
Notes of Decisions
In the Interest of Doe, 978 P.2d 684 (Haw. 1999).
· cites it 56× “1 The ICA affirmed the family court’s denial of Doe’s motion to dismiss on speedy trial grounds, but reversed *248 the denial of Doe’s motion to suppress on the basis that the police failed to notify Doe’s mother pursuant to HRS § 571-31 (Supp. 1992). 2 In particular, the ICA…”
In the Interest of Doe, 73 P.3d 29 (Haw. 2003).
· cites it 8× “Pursuant to HRS § 571-31 (1993), a child may be taken into custody by any police officer without order of the judge where there are reasonable grounds to believe that a child comes within section 571-11(1) or (2), or by any police or probation officer when there are reasonable…”
In Interest of Doe, 928 P.2d 883 (Haw. 1996).
· cites it 8× ““Detention, shelter, and release” of minors “believed to come within [but not adjudicated under] section 571-11” are dealt with in HRS §§ 571-31 through -33. HRS § 571-32 (1993) (emphasis added).”
In the Interest of Doe, 30 P.3d 878 (Haw. 2001).
· cites it 2× “, HRS §§ 571-31 to 571-33 (1993) & 571-41 (1993 & Supp.”
In the Interest of Doe, 22 P.3d 987 (Haw. App. 1999).
· cites it 9× “As discussed herein, while a status offender is not subject to the full panoply of secured detention and incarceration available for law violators, a status offender may be subjected, as the law is written, to temporary detention under HRS §§ 571-31 and -32(d), or to extended…”
In the Interest of Doe, 981 P.2d 704 (Haw. App. 1998).
· cites it 22× “HRS § 571-31 (1993) states in relevant part: Taking children into custody; release; notice, (a) A child may be taken into custody by any police officer -without order of the judge when there are reasonable grounds to believe that a child comes within section 571-11(1) 3 or (2),_…”
— Haw. Rev. Stat. § 571-31(a) — 3 cases
In the Interest of Doe, 73 P.3d 29 (Haw. 2003).
“Pursuant to HRS § 571-31 (1993), a child may be taken into custody by any police officer without order of the judge where there are reasonable grounds to believe that a child comes within section 571-11(1) or (2), or by any police or probation officer when there are reasonable…”
In the Interest of Doe, 978 P.2d 684 (Haw. 1999).
“1 The ICA affirmed the family court’s denial of Doe’s motion to dismiss on speedy trial grounds, but reversed *248 the denial of Doe’s motion to suppress on the basis that the police failed to notify Doe’s mother pursuant to HRS § 571-31 (Supp. 1992). 2 In particular, the ICA…”
In the Interest of Doe, 981 P.2d 704 (Haw. App. 1998).
“HRS § 571-31 (1993) states in relevant part: Taking children into custody; release; notice, (a) A child may be taken into custody by any police officer -without order of the judge when there are reasonable grounds to believe that a child comes within section 571-11(1) 3 or (2),_…”
— Haw. Rev. Stat. § 571-31(b) — 2 cases
In the Interest of Doe, 978 P.2d 684 (Haw. 1999).
“1 The ICA affirmed the family court’s denial of Doe’s motion to dismiss on speedy trial grounds, but reversed *248 the denial of Doe’s motion to suppress on the basis that the police failed to notify Doe’s mother pursuant to HRS § 571-31 (Supp. 1992). 2 In particular, the ICA…”
In the Interest of Doe, 981 P.2d 704 (Haw. App. 1998).
“HRS § 571-31 (1993) states in relevant part: Taking children into custody; release; notice, (a) A child may be taken into custody by any police officer -without order of the judge when there are reasonable grounds to believe that a child comes within section 571-11(1) 3 or (2),_…”
— Haw. Rev. Stat. § 571-31(b)(l) — 1 case
In the Interest of Doe, 981 P.2d 704 (Haw. App. 1998).
“HRS § 571-31 (1993) states in relevant part: Taking children into custody; release; notice, (a) A child may be taken into custody by any police officer -without order of the judge when there are reasonable grounds to believe that a child comes within section 571-11(1) 3 or (2),_…”
— Haw. Rev. Stat. § 571-31(c) — 1 case
In the Interest of Doe, 981 P.2d 704 (Haw. App. 1998).
“HRS § 571-31 (1993) states in relevant part: Taking children into custody; release; notice, (a) A child may be taken into custody by any police officer -without order of the judge when there are reasonable grounds to believe that a child comes within section 571-11(1) 3 or (2),_…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.