§571-84  Records.  (a)  The court shall
maintain records of all cases brought before it.  Except as provided in section
571-84.6, in proceedings under section 571-11 and in paternity proceedings
under chapter 584, the following records shall be withheld from public
inspection:  the court docket, petitions, complaints, motions, and other papers
filed in any case; transcripts of testimony taken by the court; and findings,
judgments, orders, decrees, and other papers other than social records filed in
proceedings before the court.  The records other than social records shall be
open to inspection:  by the parties and their attorneys, by an institution or
agency to which custody of a minor has been transferred, and by an individual
who has been appointed guardian; with consent of the judge, by persons having a
legitimate interest in the proceedings from the standpoint of the welfare of
the minor; and, pursuant to order of the court or the rules of court, by
persons conducting pertinent research studies, and by persons, institutions,
and agencies having a legitimate interest in the protection, welfare,
treatment, or disposition of the minor.



(b)  Reports of social and clinical studies or
examinations made pursuant to this chapter shall be withheld from public inspection,
except that information from these reports may be furnished, in a manner
determined by the judge, to persons and governmental and private agencies and
institutions conducting pertinent research studies or having a legitimate
interest in the protection, welfare, treatment, or disposition of the minor.



(c)  No information obtained or social records
prepared in the discharge of official duty by an employee of the court shall be
disclosed directly or indirectly to anyone other than the judge or others
entitled under this chapter to receive the information, unless and until
otherwise ordered by the judge.



(d)  Any photograph or fingerprint taken of any
minor may be used or circulated only as permitted by section 571-74.



(e)  The records of any police department and
of any juvenile division or section thereof, relating to any proceedings
authorized under section 571-11 shall be confidential and shall be open to
inspection and use only by persons whose official duties are concerned with
this chapter, except as provided in subsections (d) and (f), sections 571-88
and 571-72(b), or as otherwise ordered by the court.



(f)  Any police records concerning traffic
accidents in which a minor coming within section 571-11(1) is involved, after
the termination of any proceeding under section 571-11(1) arising out of any
accident, or in any event after six months from the date of the accident, shall
be available for inspection by the parties directly concerned in the accident
or their duly licensed attorneys acting under written authority signed by
either party.  Any person who may sue because of death resulting from any
traffic accident shall be deemed a party concerned.



(g)  In all proceedings concerning violations
other than traffic violations, in which a minor coming within section 571-11(1)
is involved and after the termination of any proceeding under section 571-11(1)
arising out of the violation, the court may disclose to a party directly
concerned the disposition of a case involving an offense against a person or
property.  This disclosure shall be made only upon written request of the party
directly concerned.  If the minor has been adjudicated a law violator, the name
and address of the minor, and, when practicable, the name of the parent or
guardian shall be disclosed, pursuant to the order of the court or the Hawaii
family court rules, to the parties directly concerned with the alleged
violation or their duly licensed attorneys acting under written authority
signed by either party.  For the purpose of this section, "parties
directly concerned" means any person who may sue because of death, injury,
or damage resulting from any violation, other than a traffic violation, in
which a minor coming within section 571-11(1) is involved.



The minor, and, when practicable, the minor's
parents or custodian, and the attorney of the minor shall be notified when the
minor's name and address have been released.



(h)  Evidence given in proceedings under
section 571-11(1) or (2) shall not in any civil, criminal, or other cause be
lawful or proper evidence against the minor therein involved for any purpose
whatever, except in subsequent proceedings involving the same minor under
section 571-11(1) or (2).



(i)  All information in the records except
reports of social studies and clinical studies or examinations shall be
recorded in the juvenile justice information system.  Information about the
dates, length, preparer, and subject of social studies may be included in the
juvenile justice information system. [L 1965, c 232, pt of §1; Supp, §333-39;
HRS §571-84; am L 1973, c 211, §1(k); am L 1977, c 172, §2; am L 1980, c 232,
§30; am L 1983, c 168, §1; am L 1987, c 47, §1; am L 1990, c 189, §§3, 4; am L
1991, c 311, §5; am L 1995, c 100, §2; am L 1997, c 317, §4 and c 318, §3; am L
1999, c 18, §16 and c 139, §2; am L 2001, c 233, §3]



 



Cross References



 



  Juvenile justice information system, see chapter 846D.



 



Rules of Court



 



  Confidentiality, see HFCR rule 79; court dispositions
reported, see HFCR rule 157.



 



Case Notes



 



  Defendant did not have standing under this section to seek
suppression of statements defendant made in family court because the purpose of
this [section] was not to protect adults involved in a family court dispute. 
14 F. Supp. 2d 1194.



  This section does not prohibit use of juvenile record in
presentence report under §706-602.  56 H. 75, 527 P.2d 1269.