PART III. 
INITIATION OF CASES



 



Law Journals and Reviews



 



  In the Best Interests of the Child:  Juvenile Justice or
Adult Retribution?  23 UH L. Rev. 341.



 



§571-21  Complaint; investigation; petition. 
(a)  Except as provided in subsection (b), whenever the court is informed by
any person that a minor is within the purview of section 571-11(1) or (2), the
intake officer shall make a preliminary investigation to determine whether
informal adjustment is suitable under section 571-31.4 or 571-31.5.  The court
may authorize the filing of a petition, may make whatever arrangement for
informal adjustment that is suitable under section 571-31.4, 571-31.5, or
571-31.6; or may take such action as is otherwise allowed under this chapter. 
Efforts to effect informal adjustment may be continued not longer than three
months without review by the judge.



(b)  In cases of violation of a law or
ordinance by a child, the issuance of a citation or summons, when provided for
by law or ordinance, shall be sufficient to invoke the jurisdiction of the
court, which may proceed to dispose of such a case with or without preliminary
investigation and the filing of a petition.



(c)  When a complaint or petition is made or
sought to be filed against a member of the complainant's family, the court's
staff may, when required by the judge or if requested by either party, process
the matter under section 571-31.3.



(d)  In children's cases, under section
571-11(1) and (2), the petition and all subsequent court documents shall be
suitably entitled so as to indicate that the proceeding is in the interest of
rather than against the child or minor involved.  The petition shall be
verified and statements may be made upon information and belief.  It shall set
forth plainly:  (1) the facts which bring the child within the purview of this
chapter; (2) the name, age, and residence of the child; (3) the names and
residences of the child's parents; and (4) the name and residence of the
child's legal guardian if there be one, of the person or persons having custody
or control of the child, or of the nearest known relative if no parent or
guardian can be found.  If any of the facts required are not known by the
petitioner the petition shall so state.  In cases brought pursuant to section
571-11(2)(A) and (C), a certified copy of the child's school attendance records
shall constitute prima facie evidence of the child's nonattendance at school or
nonreceipt of educational services.  A certified copy is defined as a copy
signed by the principal and educator of the child from whose class the child
did not attend.



(e)  The family courts may, by suitable orders,
provide regulations concerning the titles, filing, investigation, and the form
and content of petitions and other pleadings in cases under this chapter, or
these matters may be governed by the rules of court. [L 1965, c 232, pt of §1;
Supp, §333-12; am L 1966, c 22, §6; HRS §571-21; am L 1973, c 211, §1(d); am L
1977, c 11, §1; am L 1980, c 303, §7(3); gen ch 1985; am L 1992, c 66, §2; am L
1994, c 22, §2]



 



Rules of Court



 



  Commencement of action, see HFCR rules 3, 122.



  Pleadings, see Hawaii Family Court Rules, part A(III).