(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 such action as is otherwise allowed under this chapter. Efforts to effect informal adjustment may be continued not longer than three months without review by the judge.
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Terms Used In Hawaii Revised Statutes 571-21

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Informal adjustment: means the effort by intake officers, the courts, or others to provide a child referred to them or brought before them, and where appropriate that child's family, opportunity and aid before and in lieu of formally processing the child under this chapter. See Hawaii Revised Statutes 571-2
  • Judge: means judge of the family court. See Hawaii Revised Statutes 571-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • minor: means a person less than eighteen years of age. See Hawaii Revised Statutes 571-2
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Summons: Another word for subpoena used by the criminal justice system.
(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 such a 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. “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.

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