Haw. Fam. Ct. R. 135

As amended through September 30, 2024
Rule 135 - Detention Hearing

At the detention hearing, the court may admit any testimony and other evidence relevant to the necessity for detaining the child, including the report of investigation required by Rule 134 of these rules. Any written reports or social records made available to the court at the hearing shall be made available to the parties at or before the hearing, provided that the judge may withhold such material from the child if the judge reasonably believes that to do so would be in the best interest of the child. A copy of the petition, if one has been filed, but not yet served, shall be given to each of the parties at or before the hearing.

A detention hearing may be held without the presence of the child's parents, guardian or custodian if they cannot be located or refuse or neglect to attend.

At the conclusion of the hearing, the court shall order the child released from shelter care or detention, or it shall issue an order authorizing either shelter care or detention for up to seven days, subject to extension pursuant to Rule 136 of these rules. If the child is not released and in the event that an adjudication hearing is to be scheduled, a petition shall be filed within seven days of the initial detention hearing, unless an extension of time is authorized by the judge.

Haw. Fam. Ct. R. 135

Amended January 6, 1982, effective 1/6/1982; further amended October 11, 1999, effective 1/1/2000; further amended November 20, 2014, effective 1/1/2015.