ยง571-1 - Construction and purpose of chapter.
PART I.ย
ESTABLISHMENT; PERSONNEL
ยง571-1ย Construction and purpose of chapter.ย
This chapter shall be liberally construed to the end that children and families
whose rights and well-being are jeopardized shall be assisted and protected,
and secured in those rights through action by the court; that the court may
formulate a plan adapted to the requirements of the child and the child's
family and the necessary protection of the community, and may utilize all state
and community resources to the extent possible in its implementation.
This chapter creates within this State a system
of family courts and it shall be a policy and purpose of said courts to promote
the reconciliation of distressed juveniles with their families, foster the
rehabilitation of juveniles in difficulty, render appropriate punishment to
offenders, and reduce juvenile delinquency.ย The court shall conduct all
proceedings to the end that no adjudication by the court of the status of any
child under this chapter shall be deemed a conviction; no such adjudication
shall impose any civil disability ordinarily resulting from conviction; no
child shall be found guilty or be deemed a criminal by reason of such
adjudication; no child shall be charged with crime or be convicted in any court
except as otherwise provided in this chapter; and all children found
responsible for offenses shall receive dispositions that provide incentive for
reform or deterrence from further misconduct, or both.ย The disposition made of
a child or any evidence given in the court, shall not operate to disqualify the
child in any civil service or military application or appointment.ย Any
evidence given in any case under section 571-11 shall not in any civil,
criminal, or other cause in any court be lawful or proper evidence against the
child for any purpose whatever except in subsequent cases involving the same
child under section 571-11. [L 1965, c 232, pt of ยง1; Supp, ยง333-1; HRS ยง571-1;
am L 1976, c 85, ยง2; am L 1980, c 303, ยง1; gen ch 1985]
Case Notes
ย Inherent powers give family court jurisdiction to determine
rights of natural father of illegitimate child.ย 56 H. 462, 541 P.2d 13.
ย As this section mandates against treating juvenile
adjudications as convictions, appellate court erred in holding that defendant's
prior juvenile adjudication of driving without no-fault insurance constituted a
conviction for purposes of applying the repeat offender sentencing provisions
of ยง431:10C-117 (1993) to defendant's subsequent offense of driving without
no-fault insurance.ย 92 H. 521, 993 P.2d 555.