(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.
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Terms Used In Hawaii Revised Statutes 571-31.8

  • Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
  • 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.
(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.

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