§571-48  Decree, if informal adjustment or
diversion to a private or community agency or program has not been effected. 
When a minor is found by the court to come within section 571‑11, the
court shall so decree and in its decree shall make a finding of the facts upon
which the court exercises its jurisdiction over the minor.  Upon the decree the
court, by order duly entered, shall proceed as follows:



(1)  As to a child adjudicated under section
571-11(1):



(A)  The court may place the child on
probation:



(i)  In the child's own home; or



(ii)  In the custody of a suitable person or
facility elsewhere, upon conditions determined by the court.



When conditions of probation include
custody in a youth correctional facility, the custody shall be for a term not
to exceed one year, after which time the person shall be allowed to reside in
the community subject to additional conditions as may be imposed by the court;



(B)  The court may vest legal custody of the
child, after prior consultation with the agency or institution, in a Hawaii youth correctional facility, in a local public agency or institution, or in any
private institution or agency authorized by the court to care for children; or
place the child in a private home.  If legal custody of the child is vested in
a private agency or institution in another state, the court shall select one
that is approved by the family or juvenile court of the other state or by that
state's department of social services or other appropriate department; or



(C)  The court may fine the child for a
violation which would be theft in the third degree by shoplifting if committed
by an adult.  The court may require the child to perform public services in
lieu of the fine;



(2)  As to a child adjudicated under section
571-11(2):



(A)  The court may place the child under
protective supervision, as hereinabove defined, in the child's own home, or in
the custody of a suitable person or agency elsewhere, upon conditions
determined by the court; or



(B)  The court may vest legal custody of the
child, after prior consultation with the agency or institution, in a local
governmental agency or institution licensed or approved by the State to care
for children, with the exception of an institution authorized by the court to
care for children.  If legal custody of the child is vested in a private agency
or institution in another state, the court shall select one that is approved by
the family or juvenile court of the other state or by that state's department
of social services or other appropriate department; provided that the child may
not be committed to a public or private institution operated solely for the
treatment of law violators;



(3)  An order vesting legal custody of a minor in an
individual, agency, or institution under section 571‑11(2) shall be for
an indeterminate period but shall not remain in force or effect beyond three
years from the date entered, except that the individual, institution, or agency
may file with the court a petition for renewal of the order and the court may
renew the order if it finds such renewal necessary to safeguard the welfare of
the child or the public interest.  The court, after notice to the parties, may
conduct a hearing on the petition.  Renewal may be periodic during minority,
but no order shall have any force or effect beyond the period authorized by
section 571-13.  An agency granted legal custody shall be subject to prior
approval of the court in any case in which the child is to reside without the
territorial jurisdiction of the court and may be subject to prior approval in
other cases.  An individual granted legal custody shall exercise the rights and
responsibilities personally unless otherwise authorized by the court;



(4)  Whenever the court commits a child to the care of
the director of human services or executive director of the office of youth
services, or vests legal custody of a child in an institution or agency, it
shall transmit with the order copies of the clinical reports, social study, and
other information pertinent to the care and treatment of the child, and the
institution or agency shall give to the court any information concerning the
child that the court may at any time require.  An institution or agency
receiving a child under this paragraph shall inform the court whenever the status
of the child is affected through temporary or permanent release, discharge, or
transfer to other custody.  An institution to which a child is committed under
section 571-11(1) or (2) shall not transfer custody of the child to an
institution for the correction of adult offenders, except as authorized in this
chapter and under chapter 352;



(5)  The court may order, for any child within its
jurisdiction, whatever care or treatment is authorized by law;



(6)  In placing a child under the guardianship or
custody of an individual or of a private agency or private institution, the
court shall give primary consideration to the welfare of the child;



(7)  In support of any order or decree under section
571‑11(1) or (2), the court may require the parents or other persons
having custody of the child, or any other person who has been found by the
court to be encouraging, causing, or contributing to the acts or conditions
which bring the child within the purview of this chapter and who are parties to
the proceeding, to do or to omit doing any acts required or forbidden by law,
when the judge deems this requirement necessary for the welfare of the child. 
The court may also make appropriate orders concerning the parents or other
persons having custody of the child and who are parties to the proceeding.  If
such persons fail to comply with the requirement or with the court order, the
court may proceed against them for contempt of court;



(8)  In support of any order or decree for custody or
support, the court may make an order of protection setting forth reasonable
conditions of behavior to be observed for a specified time, binding upon both
parents or either of them.  This order may require either parent to stay away
from the home or from the other parent or children, may permit the other to
visit the children at stated periods, or may require a parent to abstain from
offensive conduct against the children or each other;



(9)  The court may dismiss the petition or otherwise
terminate its jurisdiction at any time;



(10)  In any other case of which the court has
jurisdiction, the court may make any order or judgment authorized by law;



(11)  The court may order any person adjudicated
pursuant to section 571-11(1) to make restitution of money or services to any
victim who suffers loss as a result of the child's action, or to render
community service;



(12)  The court may order any person adjudicated
pursuant to section 571-11(2) to participate in community service; and



(13)  The court may order the parents of an adjudicated
minor to make restitution of money or services to any victim, person, or party
who has incurred a loss or damages as a result of the child's action. [L 1965,
c 232, pt of §1; Supp, §333-24; HRS §571-48; am L 1976, c 85, §11; am L 1978, c
220, §1; am L 1979, c 105, §54; am L 1980, c 303, §7(6); am L 1986, c 133, §2;
am L 1987, c 314, §1, c 338, §6, and c 339, §4; am L 1989, c 211, §8; am L
1991, c 114, §5; am L 2007, c 33, §2]



 



Cross References



 



  Office of youth services, see chapter 352D.



 



Rules of Court



 



  Decrees and orders, see Hawaii Family Court Rules, part
A(VII).



  Findings by court, see HFCR rule 52.



 



Case Notes



 



  Relationship of family court to its minor ward.  50 H. 613,
446 P.2d 561.



  This section applies only to minors actually adjudicated
under §571-11, and placement of a minor, prior to adjudication, is dealt with
under §571-32.  84 H. 41, 928 P.2d 883.



  Where runaway petition filed against minor had not been
adjudicated, family court was without discretion to award legal custody of
minor to department of human services pursuant to this section.  84 H. 41, 928
P.2d 883.



  This section does not authorize family court to commit a
person to an adult correctional facility.  86 H. 517 (App.), 950 P.2d 701.