Hawaii
| Code | Subject Matter |
| Code § 571-41 | Family Property: Procedure in children's cases |
| Code § 571-84 | Family Property: Records |
| Code § 571-84.6 | Family Property: Minor law violators; proceedings and records not confidential |
| Code § 571-86 | Family Property: Cooperation |
| HRS § 846D-1 | Juvenile Justice Information System: Responsibility for system |
| HRS § 846D-2 | Juvenile Justice Information System: Juvenile justice information committee |
| HRS § 846D-3 | Juvenile Justice Information System: Responsibility of agencies |
| HRS § 846D-4 | Juvenile Justice Information System: Limitations on dissemination |
| HRS § 846D-5 | Juvenile Justice Information System: Responsibility of agencies |
| HRS § 846D-6 | Juvenile Justice Information System: Additional dissemination |
| HRS § 846D-7 | Juvenile Justice Information System: Penalty |
DIVISION 3. PROPERTY; FAMILY
TITLE 31 Family
CHAPTER 571 Family Courts
PART V. Procedure and Decree
HRS § 571-41 (2009)
§ 571-41. Procedure in children's cases.
(a) Cases of children in proceedings under section 571-11(1) and (2) shall be heard by the court separate from hearings of adult cases and without a jury. Stenographic notes or mechanical recordings shall be required as in other civil cases in the circuit courts, unless the parties waive the right of such record or the court so orders. The hearings may be conducted in an informal manner and may be adjourned from time to time.
(b) Except as provided in section 571-84.6, the general public shall be excluded and only such persons admitted whose presence is requested by the parent or guardian or as the judge or district family judge finds to have a direct interest in the case, from the standpoint of the best interests of the child involved, or in the work of the court; provided that:
(1) Upon request by a party, hearings initiated pursuant to chapter 587 may be opened to the public if a judge determines that doing so would be in the best interests of the child;
(2) Parties involved in hearings initiated pursuant to chapter 587 shall be allowed to be accompanied by an adult advocate to provide support, unless the court finds that the presence of the advocate would not be in the best interests of the child. The advocate need not be a licensed attorney. The State shall not be required to pay, directly or through reimbursement, for any fees, costs, or expenses related to the advocate. No person shall act as an advocate who has an interest in the matter beyond the protection of the child and the healing and rehabilitation of the family; and
(3) The victim of the alleged violation and all other witnesses who are younger than eighteen years of age shall be entitled to have parents, guardians, or one other adult and may have an attorney present while testifying at or otherwise attending a hearing initiated pursuant to section 571-11(1) or 571-11(2).
Prior to the start of a hearing, the parents, guardian, or legal custodian, and, when appropriate, the child, the child victim, or witness shall be notified of the right to be represented by counsel and the right to remain silent.
(c) Findings of fact by the judge or district family judge of the validity of the allegations in the petition shall be based upon a preponderance of evidence admissible in the trial of civil cases except for petitions alleging the court's jurisdiction under section 571-11(1) which shall require proof beyond a reasonable doubt in accordance with rules of evidence applicable to criminal cases; provided that no child who is before the court under section 571-11(1) shall have admitted against the child any evidence in violation of the child's rights secured under the constitution of the United States or the State of Hawaii. In the discretion of the judge or district family judge the child may be excluded from the hearing at any time. When more than one child is alleged to have been involved in the same act, the hearing may be held jointly for the purpose of making a finding as to the allegations in the petition and then shall be heard separately for the purpose of disposition except in cases where the children involved have one common parent.
(d) In the disposition part of the hearing any relevant and material information, including that contained in a written report, study, or examination, shall be admissible, and may be relied upon to the extent of its probative value; provided that the maker of the written report, study, or examination shall be subject to both direct and cross-examination upon demand and when the maker is reasonably available. The disposition shall be based only upon the admitted evidence, and findings adverse to the child as to disputed issues of fact shall be based upon a preponderance of such evidence.
(e) Upon a final adverse disposition, if the parent or guardian is without counsel the court shall inform the parent or guardian of the parent's or guardian's right to appeal as provided for in section 571-54.
(f) The judge, or the senior judge if there is more than one, may by order confer concurrent jurisdiction on a district court created under chapter 604 to hear and dispose of cases of violation of traffic laws or ordinances by children, provision to the contrary in section 571-11 or elsewhere notwithstanding. The exercise of jurisdiction over children by district courts shall, nevertheless, be considered noncriminal in procedure and result in the same manner as though the matter had been adjudicated and disposed of by a family court.
DIVISION 3. PROPERTY; FAMILY
TITLE 31 Family
CHAPTER 571 Family Courts
PART VIII. General Provisions
HRS § 571-84 (2009)
(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 crime prevention 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.
§ 571-84.6. Minor law violators; proceedings and records not confidential.
(a) As used in this section:
"Legal record" means 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 and adjudication data, other than social records, filed in proceedings before the court.
"Social record" means those social and clinical studies, reports, or examinations prepared in any case pursuant to this chapter.
(b) Notwithstanding any other law to the contrary, in any proceeding in which a minor age fourteen years of age or older has been adjudicated by the court under section 571-11(1) for an act that if committed by an adult would:
(1) Be murder in the first degree or second degree or attempted murder in the first degree;
(2) Result in serious bodily injury to or death of a victim;
(3) Be a class A felony; or
(4) Be a felony and the minor has more than one prior adjudication for acts that would constitute felonies if committed by an adult,
all legal records related to the above stated proceeding shall be open for public inspection, unless the administrative judge of the family court or the judge's designee finds in writing that there are significant and compelling circumstances peculiar to the case of such a nature that public inspection would be inconsistent with or defeat the express purpose of this section. All social records shall be kept confidential except as provided in section 571-84.
(c) Notwithstanding any other law to the contrary, in any case in which a minor age sixteen years of age or older comes within section 571-11(1) is taken into custody for an act that if committed by an adult would:
(1) Be murder in the first degree or second degree or attempted murder in the first degree;
(2) Result in serious bodily injury to or death of a victim;
(3) Be a class A felony and the minor has one or more prior adjudications for an act that would constitute a felony if committed by an adult; or
(4) Be a class B or C felony and the minor has more than one prior adjudication for acts that would constitute felonies if committed by an adult,
all legal proceedings related to the above stated case shall be open to the public unless the administrative judge of the family court or the judge's designee finds in writing that there are significant and compelling circumstances peculiar to the case of such a nature that an open proceeding would be inconsistent with or defeat the express purpose of this section.
Every public official or department shall render all assistance and cooperation within the official's or its jurisdictional power which may further the objects of this chapter. The court may seek the cooperation of organizations whose object is to protect or aid children and family life.
DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS
TITLE 38 Procedural And Supplementary Provisions
[CHAPTER 846D] Juvenile Justice Information System
HRS § 846D-1 (2009)
§ 846D-1. Responsibility for system.
(a) The department of the attorney general shall be responsible for the collection, storage, dissemination, and analysis of all juvenile justice custodial, adjudicative, and program data from all agencies that have primary investigative, action, or program responsibility for minors, including the county police departments, the county prosecutors, the family courts, and the Hawaii youth correctional facilities, in such a manner as to balance the right of the public and press to be informed and the right of privacy and confidentiality of minors and their families, and to provide accurate, comprehensive, and timely information to government agencies concerned with juvenile offenders to carry out their responsibilities.
(b) The information collected and stored in the juvenile justice information system shall not include any fingerprints, psychiatric reports, or social and clinical studies or examinations, but may contain information indicating the availability of reports and the procedures for requesting such information.
(c) The attorney general shall develop the system and the procedures for reporting, inputting, accessing, and protecting the information and obtaining the agreement of agencies permitted to directly input and access information.
(d) Upon receipt of an expungement order issued by the family court under section 571-88, the attorney general shall expunge the arrest record of the minor.
[§ 846D-2.] Juvenile justice information committee.
There is established within the department of the attorney general a juvenile justice information committee, which shall include, but not be limited to, representatives from the family courts, the police departments of the various counties, the prosecutors of the various counties, the Hawaii youth correctional facilities, and the department of the attorney general. The committee shall meet as needed to promote interagency cooperation and coordination in the development and management of an accurate, complete, timely, and fully integrated statewide juvenile justice information reporting and retrieval system.
The members of the committee shall be appointed by the attorney general and shall have the decision-making authority of the represented agencies.
[§ 846D-3.] Responsibility of agencies.
Agencies that have investigative, detention, custodial, adjudicative, and program responsibility for juveniles shall cooperate with the attorney general in establishing the juvenile justice information system by:
(1) Providing information in the agency files that can be included pursuant to the format approved by the juvenile justice information committee;
(2) Maintaining procedures internally consistent with uniform procedures and guidelines provided by the juvenile justice information committee;
(3) Reporting information to the attorney general that is timely, complete, and accurate, after the occurrence of an event over which the agency had direct responsibility; and
(4) Maintaining procedures for the periodic checking of information to minimize the possibility of storing and maintaining inaccurate information.
[§ 846D-4.] Limitations on dissemination.
Dissemination of information from the juvenile justice information system shall be limited whether directly or through any intermediary only to:
(1) Agencies which have primary investigative, detention, custodial, adjudicative, and program responsibility for minors, including but not limited to the county police departments, the county prosecutors, the family courts, and the Hawaii youth correctional facilities;
(2) Individuals and agencies pursuant to a specific agreement with an agency with primary investigative, detention, custodial, and program responsibility to provide services to fulfill that responsibility; provided that the agreement shall specifically authorize access to data, limit the use of data to purposes for which given, and insure the security and confidentiality of the data consistent with the purpose of this chapter;
(3) Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a juvenile justice agency; provided that the agreement shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and insure the confidentiality and security of the data consistent with the purpose of this chapter;
(4) The minor, the minor's parents or guardians, and the minor's attorney and guardian ad litem for the purpose of examining records pertaining to the minor; or
(5) Persons who have been injured or damaged, their subrogees, and legal representatives; provided that the information is limited only to that information that may be disclosed as provided under section 571-84(f) and (g).
[§ 846D-5.] Responsibility of agencies.
Any agency that has access to information available through the juvenile justice information system shall:
(1) Select and supervise all persons authorized to have direct access to the information or any terminals or stations by which the information is transmitted;
(2) Place responsibility on the persons permitted direct access for the physical security of juvenile justice data which the agency has received or can receive to protect against unauthorized access, disclosure, or dissemination;
(3) Provide security training for all persons given direct access to information in the juvenile justice information system which shall include the substance and intent of this chapter and of rules adopted thereunder; and
(4) Maintain procedures to protect data terminals or stations from unauthorized access, theft, sabotage, fire, or other natural or human caused disasters.
[§ 846D-6.] Additional dissemination.
Information from the juvenile justice information system may be disseminated to:
(1) The governor in accordance with the governor's constitutional duty to ensure that the laws will be faithfully executed;
(2) The courts in accordance with their adjudicative responsibility;
(3) The attorney general in accordance with the attorney general's statutory authority and duties in the administration and enforcement of this chapter; and
(4) Other individuals and agencies who are provided for in this chapter or by rule adopted thereunder.
Any person who knowingly permits the dissemination of information in violation of this chapter, or any person who gains unauthorized access to information in the juvenile justice information system, shall be guilty of a misdemeanor.