Report Title:

Minors; Controlled Substances; Detention or Counseling

Description:

Requires a minor adjudicated of actions that would constitute promoting a controlled substance to choose either detention in youth correctional facility or substance abuse counseling program with parents or legal guardians.

HOUSE OF REPRESENTATIVES	H.B. NO.	50
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to family courts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 571-48, Hawaii Revised Statutes, is amended to read as follows:

     "§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] minor adjudicated under section 571-11(1):

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

              (i)  In the [child's] minor'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] minor 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,] minor, 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] minor in a private home.  If legal custody of the [child] minor 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] minor for a violation [which] that would be theft in the third degree by shoplifting if committed by an adult.  The court may require the [child] minor to perform public services in lieu of the fine; or

(D) If the minor is adjudicated to have committed an act that would constitute the offense of promoting a dangerous, harmful, or detrimental drug, or of any other controlled substance, under chapter 712, part IV, or a violation of section 712-1240.7, 712-1240.8 or 712-1249.6, the minor shall choose to either:

(i) Be detained in a youth correctional facility for no fewer than       days but not more than       days detention, of which at least       hours shall be served consecutively, without possibility of probation or suspension of sentence; or

(ii) Attend a substance abuse education and counseling program or other comparable family education and counseling program of not less than      hours that is deemed appropriate by the court, accompanied by the minor's parents, guardians, or legal custodians;

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

         (A)  The court may place the [child] minor under protective supervision, as hereinabove defined, in the [child's] minor'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,] minor, 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] minor 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] minor 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] a renewal necessary to safeguard the welfare of the [child] minor 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] minor 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] minor 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] minor 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,] minor, and the institution or agency shall give to the court any information concerning the [child] minor that the court may at any time require.  An institution or agency receiving a [child] minor under this paragraph shall inform the court whenever the status of the [child] minor is affected through temporary or permanent release, discharge, or transfer to other custody.  An institution to which a [child] minor is committed under section 571-11(1) or (2) shall not transfer custody of the [child] minor 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] minor within its jurisdiction, whatever care or treatment is authorized by law;

     (6)  In placing a [child] minor 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;] minor;

     (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,] minor, or any other person who has been found by the court to be encouraging, causing, or contributing to the acts or conditions [which] that bring the [child] minor 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.] minor.  The court may also make appropriate orders concerning the parents or other persons having custody of the [child] minor and who are parties to the proceeding.  If [such] these 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] minor'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] minor's action."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 for the purposes of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval; provided that section 2 of this Act shall take effect on July 1, 2009.

INTRODUCED BY:

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