Hawaii Revised Statutes

Haw. Rev. Stat. § 571-48 (2026)

Decree, if informal adjustment or diversion to a private or community agency or program has not been effected

✓ current as of July 2026

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§571-48 Decree, if informal adjustment or diversion to a private or community agency or program has not been effected. When a child is found by the court to come within section 571‑11, the court shall so decree and in its decree shall make a finding of the facts upon which the court exercises its jurisdiction over the child. Upon the decree the court, by order duly entered, shall proceed as follows:

(1) As to a child adjudicated under section 571-11(1):

(A) The court may place the child on probation:

(i) In the child's own home; or

(ii) In the custody of a suitable person or facility elsewhere, upon conditions determined by the court.

An order by the court placing a child on probation under this subparagraph shall include a definite term of probation stated in months or years, subject to extension or modification by the court pursuant to section 571-50. When conditions of probation include custody in a youth correctional facility, the custody shall be for a term not to exceed one year, after which time the child shall be allowed to reside in the community subject to additional conditions as may be imposed by the court;

(B) The court may vest legal custody of the child, after prior consultation with the agency or institution:

(i) In a Hawaii youth correctional facility if the child has been adjudicated for a felony-level offense or a violation or revocation of probation, or is committed to the facility from juvenile drug court or girls court on a court order. For a child eligible for placement in a Hawaii youth correctional facility, the court shall enter a finding of fact in the record stating the reasons the child is a public safety risk warranting placement in the correctional facility. No such finding of fact shall be required if the child is adjudicated for a felony against a person or a sex offense;

(ii) In a local public agency or institution;

(iii) In any private institution or agency authorized by the court to care for children; or

(iv) In a private home.

If legal custody of the child is vested in a private agency or institution in another state, the court shall select one that is approved by the family or juvenile court of the other state or by that state's department of social services or other appropriate department;

(C) The court may place a child on administrative monitoring, as defined in section 571-2, pending completion of conditions as may be imposed by the court, to preempt the need for disposition to a full probation term, and to afford the child the opportunity to demonstrate behavior adjustments. Upon completion of the court-ordered conditions, the court shall discharge the child pursuant to section 571-50. If a child fails to complete the court-ordered conditions, the court may extend or modify the order pursuant to section 571-50, or dispose the child to probation status under paragraph (1)(A); or

(D) The court may fine the child for a violation which would be theft in the third degree by shoplifting if committed by an adult. The court may require the child to perform public services in lieu of the fine;

(2) As to a child adjudicated under section 571-11(2):

(A) The court may place the child under protective supervision, as hereinabove defined, in the child's own home, or in the custody of a suitable person or agency elsewhere, upon conditions determined by the court; or

(B) The court may vest legal custody of the child, after prior consultation with the agency or institution, in a local governmental agency or institution licensed or approved by the State to care for children, with the exception of an institution authorized by the court to care for children. If legal custody of the child is vested in a private agency or institution in another state, the court shall select one that is approved by the family or juvenile court of the other state or by that state's department of social services or other appropriate department; provided that the child may not be committed to a public or private institution operated solely for the treatment of law violators;

(3) An order vesting legal custody of a minor in an individual, agency, or institution under section 571‑11(2) shall be for an indeterminate period but shall not remain in force or effect beyond three years from the date entered, except that the individual, institution, or agency may file with the court a petition for renewal of the order and the court may renew the order if it finds such renewal necessary to safeguard the welfare of the child or the public interest. The court, after notice to the parties, may conduct a hearing on the petition. Renewal may be periodic during minority, but no order shall have any force or effect beyond the period authorized by section 571-13. An agency granted legal custody shall be subject to prior approval of the court in any case in which the child is to reside without the territorial jurisdiction of the court and may be subject to prior approval in other cases. An individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by the court;

(4) Whenever the court commits a child to the care of the director of human services or executive director of the office of youth services, or vests legal custody of a child in an institution or agency, it shall transmit with the order copies of the clinical reports, social study, results of the risk and needs assessment conducted by the court, and other information pertinent to the care and treatment of the child, and the institution or agency shall give to the court any information concerning the child that the court may at any time require. An institution or agency receiving a child under this paragraph shall inform the court whenever the status of the child is affected through temporary or permanent release, discharge, or transfer to other custody. An institution to which a child is committed under section 571-11(1) or (2) shall not transfer custody of the child to an institution for the correction of adult offenders, except as authorized in this chapter and under chapter 352;

(5) The court may order, for any child within its jurisdiction, whatever care or treatment is authorized by law;

(6) In placing a child under the guardianship or custody of an individual or of a private agency or private institution, the court shall give primary consideration to the welfare of the child;

(7) In support of any order or decree under section 571‑11(1) or (2), the court may require the parents or other persons having custody of the child, or any other person who has been found by the court to be encouraging, causing, or contributing to the acts or conditions which bring the child within the purview of this chapter and who are parties to the proceeding, to do or to omit doing any acts required or forbidden by law, when the judge deems this requirement necessary for the welfare of the child. The court may also make appropriate orders concerning the parents or other persons having custody of the child and who are parties to the proceeding. If such persons fail to comply with the requirement or with the court order, the court may proceed against them for contempt of court;

(8) In support of any order or decree for custody or support, the court may make an order of protection setting forth reasonable conditions of behavior to be observed for a specified time, binding upon both parents or either of them. This order may require either parent to stay away from the home or from the other parent or children, may permit the other to visit the children at stated periods, or may require a parent to abstain from offensive conduct against the children or each other;

(9) The court may dismiss the petition or otherwise terminate its jurisdiction at any time;

(10) In any other case of which the court has jurisdiction, the court may make any order or judgment authorized by law;

(11) The court may order any person adjudicated pursuant to section 571-11(1) to make restitution of money or services to any victim who suffers loss as a result of the child's action, or to render community service;

(12) The court may order any person adjudicated pursuant to section 571-11(2) to participate in community service; and

(13) The court may order the parents of an adjudicated child to make restitution of money or services to any victim, person, or party who has incurred a loss or damages as a result of the child's action. [L 1965, c 232, pt of §1; Supp, §333-24; HRS §571-48; am L 1976, c 85, §11; am L 1978, c 220, §1; am L 1979, c 105, §54; am L 1980, c 303, §7(6); am L 1986, c 133, §2; am L 1987, c 314, §1, c 338, §6, and c 339, §4; am L 1989, c 211, §8; am L 1991, c 114, §5; am L 2007, c 33, §2; am L 2014, c 201, §15]

Cross References

Office of youth services, see chapter 352D.

Rules of Court

Decrees and orders, see Hawaii Family Court Rules, part A(VII).

Findings by court, see HFCR rule 52.

Case Notes

Relationship of family court to its minor ward. 50 H. 613, 446 P.2d 561 (1968).

This section applies only to minors actually adjudicated under §571-11, and placement of a minor, prior to adjudication, is dealt with under §571-32. 84 H. 41, 928 P.2d 883 (1996).

Where runaway petition filed against minor had not been adjudicated, family court was without discretion to award legal custody of minor to department of human services pursuant to this section. 84 H. 41, 928 P.2d 883 (1996).

This section does not authorize family court to commit a person to an adult correctional facility. 86 H. 517 (App.), 950 P.2d 701 (1997).

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1990–2025 · leading case: In Interest of Doe, 928 P.2d 883 (Haw. 1996).

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In Interest of Doe, 928 P.2d 883 (Haw. 1996). · cites it 23× “In its second point on appeal, the DHS contends that the family court abused its discretion in awarding the DHS temporary legal custody of the Minor pursuant to HRS § 571-48. Although we agree with the DHS that the family court did not have the discretion to award temporary…”

In the Interest of Doe, 26 P.3d 562 (Haw. 2001). · cites it 6× “…in the definitions and jurisdiction provisions, see HRS §§ 571-2, 571-11. It also appeal's in the “decree” section, HRS § 571-48 (1993), 3 which -requires the court to declare jurisdiction either under HRS § 571-11(1) or HRS § 571-11(2) and limits dispositions uhder HRS §…”

In Re Tc, 214 P.3d 1082 (Haw. App. 2009). · cites it 5× “If a minor offender's term of confinement extends beyond the offender’s eighteenth birthday, "the offender shall, upon reaching the age of eighteen, be committed to the custody of the department of public safety for the completion of the sentence.”

In the Interest of Doe, 950 P.2d 701 (Haw. App. 1997). · cites it 4× “] With respect to persons the family court adjudicates under HRS § 571-11(1) as law violators, HRS § 571-48 (1993) grants the family court the following disposition authority: Decree, if informal adjustment or diversion to a private or community agency or program has not been…”

In the Interest of Doe, 22 P.3d 987 (Haw. App. 1999). · cites it 8× “] HRS § 571-48 (emphases added). As indicated above, a child adjudicated a status offender under § 571-11(2) cannot be subjected to probation and accompanying incarceration thereunder, or to commitment to the HYCF.”

In the Interest of Doe, 30 P.3d 269 (Haw. App. 2001). · cites it 4× “HRS § 571-48(1) (1993) governs the placement of a child adjudicated a law violator under HRS § 571-11(1) (1993).”

In the Interest of Doe, 788 P.2d 173 (Haw. App. 1990). · cites it 2× “” HRS § 571-48 authorizes the family court, upon finding beyond a reasonable doubt that the allegations are true, to place the child on probation or in the legal custody of an authorized agency or institution and to order the parents to make restitution.”

In the Interest of N.C., 231 P.3d 457 (Haw. 2010). · cites it 6× “See HRS § 571-48. For the foregoing reasons, I would conclude that the family court lacked jurisdiction to adjudicate NC a PINS.”

In re: DM, 502 P.3d 1025 (Haw. App. 2022). · cites it 25× “6 In its cross-appeal, the State contends the Family Court erred in concluding that the Crime Victim Compensation Commission (CVCC) was not a "victim" under HRS § 571-48 (11) and (13) (2018)7, placing the burden on the State to show that Minor or his parents had the ability to…”

In re Interest of JE, 411 P.3d 1173 (Haw. App. 2018). · cites it 11× “The Senate Standing Committee Report explains the purpose of the amendment to HRS § 571-48 as follows: Your Committee has amended section 571-48, Hawai'i Revised Statutes, to increase the range of dispositions available to family court with respect to adjudicated minors.”

In Re Nc, 231 P.3d 457 (Haw. 2010). · cites it 6× “See HRS § 571-48. For the foregoing reasons, I would conclude that the family court lacked jurisdiction to adjudicate NC a PINS.”

In re: B.M., 155 Haw. 259 (Haw. App. 2025). · cites it 5× “Because HRS § 571-48 allows the family court to order "any person" adjudicated under HRS § 571-11(1) to make restitution or render community service, and "any person" necessarily includes "an adult that is being charged for an alleged conduct that occurred when he was a…”

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— Haw. Rev. Stat. § 571-48(1) — 3 cases

In the Interest of Doe, 30 P.3d 269 (Haw. App. 2001). “HRS § 571-48(1) (1993) governs the placement of a child adjudicated a law violator under HRS § 571-11(1) (1993).”

In the Interest of N.C., 231 P.3d 457 (Haw. 2010). “See HRS § 571-48. For the foregoing reasons, I would conclude that the family court lacked jurisdiction to adjudicate NC a PINS.”

In Re Nc, 231 P.3d 457 (Haw. 2010). “See HRS § 571-48. For the foregoing reasons, I would conclude that the family court lacked jurisdiction to adjudicate NC a PINS.”

— Haw. Rev. Stat. § 571-48(11) — 3 cases

In re: DM, 502 P.3d 1025 (Haw. App. 2022). “6 In its cross-appeal, the State contends the Family Court erred in concluding that the Crime Victim Compensation Commission (CVCC) was not a "victim" under HRS § 571-48 (11) and (13) (2018)7, placing the burden on the State to show that Minor or his parents had the ability to…”

In re Interest of JE, 411 P.3d 1173 (Haw. App. 2018). “The Senate Standing Committee Report explains the purpose of the amendment to HRS § 571-48 as follows: Your Committee has amended section 571-48, Hawai'i Revised Statutes, to increase the range of dispositions available to family court with respect to adjudicated minors.”

In re: B.M., 155 Haw. 259 (Haw. App. 2025). “Because HRS § 571-48 allows the family court to order "any person" adjudicated under HRS § 571-11(1) to make restitution or render community service, and "any person" necessarily includes "an adult that is being charged for an alleged conduct that occurred when he was a…”

— Haw. Rev. Stat. § 571-48(13) — 1 case

— Haw. Rev. Stat. § 571-48(2) — 3 cases

In the Interest of Doe, 30 P.3d 269 (Haw. App. 2001). “HRS § 571-48(1) (1993) governs the placement of a child adjudicated a law violator under HRS § 571-11(1) (1993).”

In the Interest of N.C., 231 P.3d 457 (Haw. 2010). “See HRS § 571-48. For the foregoing reasons, I would conclude that the family court lacked jurisdiction to adjudicate NC a PINS.”

In Re Nc, 231 P.3d 457 (Haw. 2010). “See HRS § 571-48. For the foregoing reasons, I would conclude that the family court lacked jurisdiction to adjudicate NC a PINS.”

— Haw. Rev. Stat. § 571-48(2)(A) — 1 case

In the Interest of Doe, 26 P.3d 562 (Haw. 2001). “…in the definitions and jurisdiction provisions, see HRS §§ 571-2, 571-11. It also appeal's in the “decree” section, HRS § 571-48 (1993), 3 which -requires the court to declare jurisdiction either under HRS § 571-11(1) or HRS § 571-11(2) and limits dispositions uhder HRS §…”

— Haw. Rev. Stat. § 571-48(2)(B) — 2 cases

In the Interest of Doe, 22 P.3d 987 (Haw. App. 1999). “] HRS § 571-48 (emphases added). As indicated above, a child adjudicated a status offender under § 571-11(2) cannot be subjected to probation and accompanying incarceration thereunder, or to commitment to the HYCF.”

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