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Terms Used In Hawaii Revised Statutes 571-33

  • 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

  • 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
  • Shelter: means the temporary care of children in physically unrestricting facilities pending court disposition. See Hawaii Revised Statutes 571-2

Provisions shall be made for the temporary detention of children or minors in a detention home, to be conducted as an agency of the court; or the court may arrange for the care and custody of such children or minors temporarily in private homes subject to the supervision of the court, or may arrange with any institution or agency to receive for temporary care and custody children or minors within the jurisdiction of the court.

When a detention home is established as an agency of the court, the judge may appoint a director of detention services and other necessary employees for such home in the same manner as is provided by law for the appointment of other employees of the court.

A detention home established in any circuit may be used for the temporary detention of children or minors ordered to be detained by the court of another circuit. The use shall be subject to the approval of the judge of the court of the circuit in which the detention home is situated, upon such terms and conditions as may be established by the judge.

The family court shall also provide nonsecure shelter facilities separate from detention facilities. In referring minors to a nonsecure shelter, the court shall consider the minor‘s background, degree of involvement in illegal and antisocial activities, current behavioral patterns, and any other relevant criteria to determine placement.