PART IV. 
CUSTODY, DETENTION, AND SHELTER



 



§571-31  Taking children into custody;
release; notice.  (a)  A child may be taken into custody by any police
officer without order of the judge when there are reasonable grounds to believe
that a child comes within section 571-11(1) or (2), or by any police or
probation officer when there are reasonable grounds to believe that the child
has violated a court order of probation or protective supervision.



(b)  When an officer or other person takes a
child into custody the parents, guardian, or legal custodian shall be notified
immediately.  The child shall be (1) released to the care of the child's parent
or other responsible adult; (2) referred or delivered to the court or other
designated agency with or without simultaneous release to parent or other
responsible adult; or (3) taken directly to a detention facility, if the
child's immediate welfare or the protection of the community requires it, or
the child is subject to detention for violation of a court order of probation
or protective supervision.



(c)  If the person taking the child into
custody believes it desirable, the child's parent, guardian, or legal custodian
may be required to sign a written promise to take the child to the court or
other designated agency at the time arranged, or to the court at the time
directed by the court.



(d)  If a parent or other responsible custodian
fails to produce the child in court or at another designated agency as required
by an authorized notice, or when notified by the court, a summons or warrant
may be issued for the apprehension of that person or the child or both.  The
court may assess the cost of the issuance and execution of the summons or
warrant against the person. [L 1965, c 232, pt of §1; Supp, §333-16; HRS §571-31;
am L 1972, c 2, pt of §33; am L 1976, c 85, §7; am L 1980, c 303, §4(2); am L
1988, c 294, §2]



 



Rules of Court



 



  Shelter and detention, see Hawaii Family Court Rules, part
D(V).



 



Law Journals and Reviews



 



  On suppression of evidence seized in violation of statute,
see Suppression of Evidence Without the Aid of the Fourth, Fifth and Sixth
Amendments.  8 HBJ 109.



 



Case Notes



 



  Subsection (b) only requires that police contact a minor's
parent, guardian, or legal custodian to notify them that their child is in
police custody; it does not give statutory right to minor's parent, guardian,
or legal custodian to communicate with the minor prior to and to be present at
the minor's custodial interrogation.  90 H. 246, 978 P.2d 684.



  In absence of any specified time limit in the HRS, when a
child who is taken into custody under this section is going to be released to
the custody of the child's parent or other responsible adult under subsection
(b)(1), the release to the parent or responsible adult must occur within a
reasonable time.  91 H. 147 (App.), 981 P.2d 704.



  In the absence of any evidence that lapse of time was
unreasonable, police did not violate notification requirement of subsection
(b).  91 H. 147 (App.), 981 P.2d 704.