HRS 0571-0011 ANNOTATIONS
Revision Note
Section "574-5(a)(2)(C)" substituted for "574(a)(2)(C)".
Cross References
Children under twelve, see §571-44.
Commitment, see chapters 333F and 334.
Determination of custody, see §§571-46, 46.1.
Guardianship, see chapter 560, article V.
Waiver of jurisdiction, see §571-22.
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rules 1, 81; applicability of Hawaii Rules of Penal Procedure, see HRPP rules 1, 54.
Proceedings, see Hawaii Family Court Rules, part D.
Law Journals and Reviews
Limits of Family Court Jurisdiction Under Section 571-11(2) of the Hawaii Revised Statutes. 10 HBJ 41.
Case Notes
Jurisdiction, custody of children. 49 H. 20, 29-31, 407 P.2d 885.
Child's right to support in action against parent. 49 H. 200, 412 P.2d 638.
Family court has jurisdiction to determine custodial and visitation rights of the natural father of illegitimate child. 56 H. 462, 541 P.2d 13.
Section 571-48 applies only to minors actually adjudicated under this section, and placement of a minor, prior to adjudication, is dealt with under §571-32. 84 H. 41, 928 P.2d 883.
Court retains "exclusive original jurisdiction" where jurisdiction is not validly waived. 61 H. 185, 599 P.2d 298.
The family court may adjudicate and punish status offenders under paragraph (1) for criminal contempt based on violations of court orders of protective supervision, provided the minor is given sufficient notice to comply, the court considers less restrictive alternatives, and contact between the status offender and juvenile delinquents convicted of other crimes are kept to a minimum. 96 H. 73, 26 P.3d 562.
As claim that health department was legally obligated to pay for child's services at private residential treatment center arose under the federal Individuals with Disabilities Education Act and child did not pursue the remedies available under the federal act to establish health department's obligation to pay for the services, family court lacked jurisdiction to order the department to pay for the services. 96 H. 272, 30 P.3d 878.
No reversible error is committed where the family court employs rules from the HRPP in adjudicating §571-11(1) proceedings, if the otherwise correct use of such rules does not conflict with judicial administration of chapter 571 and is not unfairly prejudicial to minor(s) involved. 79 H. 265 (App.), 900 P.2d 1332.
A family court may exercise jurisdiction over a child in a paragraph (3) divorce case while a paragraph (9) case involving the same child is on appeal. 81 H. 91 (App.), 912 P.2d 588.
While a family court has jurisdiction over custody of two children in a paragraph (9) case, a family court may also assert jurisdiction over the custody of those same children in a paragraph (3) divorce case. 81 H. 91 (App.), 912 P.2d 588.
Family court properly exercised jurisdiction over person alleged to have committed acts which would have constituted violations of state law before person was eighteen years old. 86 H. 517 (App.), 950 P.2d 701.
Minor was properly adjudicated a law violator in a criminal contempt proceeding for failing to comply with rules of a protective supervision order. 96 H. 255 (App.), 30 P.3d 269.