HOUSE OF REPRESENTATIVES

H.B. NO.

1344

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to children.

 

 

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

 


     SECTION 1.  Section 571-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as provided in subsection (b), whenever the court is informed by any person that a minor is within the purview of section 571-11(1) or (2), the intake officer shall make a preliminary investigation to determine whether informal adjustment is suitable under section 571-31.4 or 571-31.5[.]; provided that informal adjustment shall be prioritized over formal action with regard to a child reasonably believed to come within section 571-11(1) or (2) solely as a result of one or more violations of section 302A-1132.  The court may authorize the filing of a petition, may make whatever arrangement for informal adjustment that is suitable under section 571-31.4, 571-31.5, or 571-31.6; or may take such action as is otherwise allowed under this chapter.  Efforts to effect informal adjustment may be continued not longer than three months without review by the judge."

     SECTION 2.  Section 571-31.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  When a child reasonably believed to come within section 571-11(1) is referred to the court or other designated agency, and is not diverted from processing, informal adjustment may be provided to the child by an intake officer duly authorized by the family court only where the facts reasonably appear to establish prima facie jurisdiction and are admitted and where a consent is obtained from the child's parent, guardian, or legal custodian, and the child, if of sufficient age and understanding[.]; provided that informal adjustment shall be prioritized over formal action with regard to a child reasonably believed to come within section 571-11(1) solely as a result of one or more violations of section 302A‑1132."

     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  Statutory material to be repealed is bracketed and stricken.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.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Children; Schools; Truancy; Informal Adjustment; Priority

 

Description:

Provides that informal adjustment shall be prioritized over formal action for a child under family court jurisdiction solely as a result of truancy.

 

 

 

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