Hawaii Revised Statutes 571-31.1 – Standard for detention
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Terms Used In Hawaii Revised Statutes 571-31.1
- Adult: means a person eighteen years of age or older. See Hawaii Revised Statutes 571-2
- Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
- Detention: means the temporary care of children who require custody in physically secure facilities:
(1) For their immediate welfare;
(2) For the protection of the community;
(3) While awaiting transfer to another jurisdiction; or
(4) Because of violation of a family court order of probation or protective supervision. See Hawaii Revised Statutes 571-2
- immediate welfare: means :
(1) The minor is in physical, emotional, or psychological danger, or may be prior to the court's disposition; (2) No parent or other responsible adult known to the decision-maker is willing and able to provide the type and degree of supervision necessary to protect the minor from that danger; (3) No other secure facility is appropriate and available. See Hawaii Revised Statutes 571-31.1 - minor: means a person less than eighteen years of age. See Hawaii Revised Statutes 571-2
- protection of the community: means there is a threat to, and a necessity to protect, the person or property of others from:
(1) A minor who is alleged to have committed an offense which caused physical harm, or a threat of physical harm, to another person; or (2) A minor who is alleged to have committed an offense which caused damage to, or theft of, property; and (A) The minor's record reveals a pattern of behavior which has caused damage to, or loss of, property; and (B) Previous control measures have failed. See Hawaii Revised Statutes 571-31.1