Terms Used In Hawaii Revised Statutes > Chapter 571 > Part I - Establishment; Personnel

• Adult: means a person eighteen years of age or older. See Hawaii Revised Statutes 571-2
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Board: means the board of family court judges. See Hawaii Revised Statutes 571-2
• Case plan: means a plan designed to ensure that a child on probation receives services and programming to achieve rehabilitation, proper care, and case management. See Hawaii Revised Statutes 571-2
• Conviction: A judgement of guilt against a criminal defendant.
• Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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

• 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.
• Evidence-based practices: means supervision policies, procedures, and practices, as well as treatment and intervention programs, that research demonstrates are likely to reduce delinquency amongst children in the juvenile justice system. 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.
• 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
• Interdepartmental cluster: means the regular coordination of several agencies, directed by the judiciary, to more efficiently provide services for high-need, court-involved children. 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.
• Legal custody: means the relationship created by the court's decree which imposes on the custodian the responsibility of physical possession of the minor and the duty to protect, train, and discipline the minor and to provide the minor with food, shelter, education, and ordinary medical care, all subject to residual parental rights and responsibilities and the rights and responsibilities of any legally appointed guardian of the person. See Hawaii Revised Statutes 571-2
• minor: means a person less than eighteen years of age. See Hawaii Revised Statutes 571-2
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation: means a legal status created by court order following adjudication in a case involving a violation of law whereby a minor is permitted to remain in the minor's home or in a community residential or nonresidential program subject to supervision by the court or an agency designated by the court and subject to return to the court for violation of probation at any time during the period of probation. See Hawaii Revised Statutes 571-2
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• 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
• Protective supervision: means a legal status created by court order in proceedings not involving violations of law but where the legal custody of the minor is subject to change, whereby the minor is permitted to remain in the minor's home or in a community residential or nonresidential program under the supervision of the court or an agency designated by the court and subject to return to the court during the period of protective supervision. See Hawaii Revised Statutes 571-2
• Residual parental rights and responsibilities: means those rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including, but not necessarily limited to, the right to reasonable visitation, consent to adoption or marriage, and the responsibility for support. See Hawaii Revised Statutes 571-2
• Senior judge: means the judge so designated, as provided in this chapter. 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
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.