§571-50  Modification of decree, rehearing. 
Except as otherwise provided by this chapter, any decree or order of the court
may be modified at any time.



At any time during supervision of a child the
court may issue notice or other appropriate process to the child if the child
is of sufficient age to understand the nature of the process, to the parents,
and to any other necessary parties to appear at a hearing on a charge of
violation of the terms of supervision, for any change in or modification of the
decree or for discharge.  The provisions of this chapter relating to process,
custody, and detention at other stages of the proceeding shall be applicable.



A parent, guardian, custodian, or next friend
of any child whose status has been adjudicated by the court, or any adult
affected by a decree of the court, at any time may petition the court for a
rehearing on the ground that new evidence, which was not known or not available
through the exercise of due diligence at the time of the original hearing and which
might affect the decree, has been discovered.  Upon a satisfactory showing of
this evidence, the court shall order a new hearing and make any disposition of
the case that the facts and the best interests of the child warrant.



A parent, guardian, or next friend of a child
whose legal custody has been transferred by the court to an institution,
facility, agency, or person may petition the court for modification or
revocation of the decree, on the ground that the legal custodian has wrongfully
denied application for the release of the child or has failed to act upon it
within a reasonable time, or has acted in an arbitrary manner not consistent
with the welfare of the child or the public interest. An institution, facility,
agency, or person vested with legal custody of a child may petition the court
for a renewal, modification, or revocation of the custody order on the ground
that the change is necessary for the welfare of the child or in the public
interest.  The court may dismiss the petition if on preliminary investigation
it finds the petition without substance.  If the court is of the opinion that
the decree should be reviewed, it shall conduct a hearing on notice to all
parties concerned, and may enter an order continuing, modifying, or terminating
the decree.



Notwithstanding the foregoing provisions of
this section the court's authority with respect to the review, rehearing,
renewal, modification, or revocation of decrees, judgments, or orders entered
in the hereinbelow listed classes of proceedings shall be limited by any
specific limitations set forth in the statutes governing these proceedings or
in any other specifically applicable statutes or rules.  These proceedings are
as follows:



(1)  Annulment, divorce, separation, and other
proceedings under chapter 580;



(2)  Adoption proceedings under chapter 578;



(3)  Paternity proceedings under chapter 584;



(4)  Termination of parental rights proceedings under
this chapter; and



(5)  State hospital commitment proceedings under
chapter 334.



A decree, judgment, or order committing a child
to the care of the director of human services shall be reviewable under this
section at the instance of others other than duly authorized representatives of
the department only after a lapse of thirty days following the date of the
decree, judgment, or order, and thereafter only at intervals of not less than
one year.



Notwithstanding this section the court shall
not conduct a rehearing of any petition, filed under section 571-11(1), which,
following a hearing, has been denied or dismissed. [L 1965, c 232, pt of §1;
Supp, §333-26; HRS §571-50; am L 1976, c 85, §13; am L 1980, c 232, §28; gen ch
1985; am L 1990, c 34, §16; am L 1995, c 189, §§13, 26; am L 1998, c 133, §5]



 



Rules of Court



 



  Reconsideration, see HFCR rule 59.