PART IV. 
PROCEDURE UPON FILING OF THE PETITION



 



§587-31  Petition.  (a)  A petition
invoking the jurisdiction of the court under this chapter shall be filed in the
manner provided in this section:



(1)  Petitions shall be entitled "In the Interest
of _________________________, born on ____________________" and shall be
verified and shall set forth:



(A)  A concise statement of the basis for the
allegation of the harm or threatened harm which brings the child within this
chapter;



(B)  The name, birthdate, sex, and residence
address of the child;



(C)  The names and last known residence
addresses of the member or members of the child's family required to be
notified pursuant to section 587-32(a), and other persons who are to be made
parties to the child protective proceedings at the time of the filing of the
petition pursuant to section 587-32(a); and



(D)  Whether the child is under the temporary
foster custody of the department in foster care, and, if so, the type and
nature of the foster care, the circumstances necessitating the care, and the
date the child was placed in the temporary foster custody; and



(2)  The petition shall state when any of the facts
required by this section cannot be determined.  The petition may be based on
information and belief but in that case the petition shall state the basis of
the information and belief.



(b)  The petition shall state that unless the
family is willing and able to provide the child with a safe family home, even
with the assistance of a service plan, within a reasonable period of time,
their respective parental and custodial duties and rights shall be subject to
termination.



(c)  The court shall review each petition under
this chapter and if, in the discretion of the court, the child is in a
circumstance or condition that the child's continuing in the custody or care of
the child's family presents a situation of imminent harm to the child, the
court shall order that a police officer immediately take the child into
protective custody and that the department immediately assume temporary foster
custody.



(d)  The court may provide rules concerning the
titles, filing, investigation, and the form and content of petitions and other
pleadings and proceedings in cases under this chapter, or any other matter
arising in child protective proceedings. [L 1983, c 171, pt of §1; am L 1986, c
316, §13; am L 1992, c 190, §13]



 



Rules of Court



 



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



 



Case Notes



 



  Family court had power and discretion to award temporary
foster custody of minor to department of human services under subsection (c)
where court determined home of minor's father was unsafe.  84 H. 41, 928 P.2d
883.



  If family court has information necessary to make a decision
on a chapter 587 issue, even in absence of formal petition outlined in this
section, court may still exercise its powers under subsection (c).  84 H. 41,
928 P.2d 883.



  When family court is concerned about potential abuse of a
minor, it may take action under this chapter to promptly address problem,
regardless of whether action was initiated under chapter 571 or by way of
formal petition under this chapter.  84 H. 41, 928 P.2d 883.



  Subsection (a)(1) requirement that a petition be
"verified" is satisfied by a declaration under penalty of perjury that
the matters therein are "true and correct".  91 H. 166 (App.), 981
P.2d 723.