HRS § 571-48 Decree, If Informal Adjustment Or Diversion to a Private Or Community Agency Or Program Has Not Been Effected

• Library: Hawaii Statutes
• Edition: 2023
• Currency: Current through 2023 Legislative Session
• Year: 2023
• Citation: HRS § 571-48

When a [minor] child is found by the court to come within section 57111, 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.] child. Upon the decree the court, by order duly entered, shall proceed as follows:

(1) As to a child adjudicated under section 571-11(1):

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

(i) In the child's own home; or

(ii) In the custody of a suitable person or facility elsewhere, upon conditions determined by the court.

An order by the court placing a child on probation under this subparagraph shall include a definite term of probation stated in months or years, subject to extension or modification by the court pursuant to section 571-50. 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] child 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, after prior consultation with the agency or institution: [, in]

(i) In a Hawaii youth correctional facility[, in] if the child has been adjudicated for a felony-level offense or a violation or revocation of probation, or is committed to the facility from juvenile drug court or girls court on a court order. For a child eligible for placement in a Hawaii youth correctional facility, the court shall enter a finding of fact in the record stating the reasons the child is a public safety risk warranting placement in the correctional facility. No such finding of fact shall be required if the child is adjudicated for a felony against a person or a sex offense;

(ii) In a local public agency or institution; [, or in]

(iii) In any private institution or agency authorized by the court to care for children; or [place the child in]

(iv) In a private home.

If legal custody of the child 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 place a child on administrative monitoring, as defined in section 571-2, pending completion of conditions as may be imposed by the court, to preempt the need for disposition to a full probation term, and to afford the child the opportunity to demonstrate behavior adjustments. Upon completion of the court-ordered conditions, the court shall discharge the child pursuant to section 571-50. If a child fails to complete the court-ordered conditions, the court may extend or modify the order pursuant to section 571-50, or dispose the child to probation status under paragraph (1)(A); or