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chapter-577•Hawaii Revised Statutes, Chapter 577 — Children
chapter-577Haw. Rev. Stat. ch. 577CodeJan 1, 1864
Division 3. Property; Family — Title 31. Family
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).
All persons residing in the State, who have attained the age of eighteen years, shall be regarded as of legal age and their period of minority to have ceased.
[CC 1859, §1487; am L 1919, c 116, §1; RL 1925, §3032; RL 1935, §4510; RL 1945, §12261; RL 1955, §330-1; HRS §577-1; am L 1972, c 2, §1; am L 1975, c 77, §1(1)]
The disability of minority of any person who is otherwise eligible for guaranty or insurance of a loan pursuant to the Servicemen's Readjustment Act of 1944 (P.L. 346, 78th Cong.), as amended, or as the same may be amended or supplemented, and of the minor spouse of any eligible veteran in connection with any transaction entered into pursuant to such act, is hereby removed, for all purposes in connection with such transaction including, but not limited to, incurring of indebtedness or obligations and acquiring, encumbering, selling, releasing, or conveying property, or any interest therein, and litigating or settling controversies arising therefrom, if all or part of any obligations incident to such transaction is guaranteed or insured by the Administrator of Veterans Affairs pursuant to such act; provided that this section shall not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability.
[L 1947, c 9, §1; RL 1955, §330-2; HRS §577-2; gen ch 1985]
The father and mother of an unmarried minor child are jointly the natural guardians of the child's person and property. They shall have equal powers and duties with respect to the child and neither shall have any right superior to that of the other concerning the child's custody or control or any other matter affecting the child; provided that if either parent dies or abandons the family or is incapable for any reason to act as guardian, the guardianship devolves upon the other parent, and that when the parents live apart, the court may award the guardianship to either of them, having special regard to the interests of the child. The father and mother of unmarried minor children shall jointly and severally be liable in damages for tortious acts committed by their children, and shall be jointly and severally entitled to prosecute and defend all actions in which the children or their individual property may be concerned.
[CC 1859, §1288; RL 1925, §3033; am L 1931, c 77, §1; RL 1935, §4511; RL 1945, §12262; RL 1955, §330-3; HRS §577-3; am L 1972, c 144, §1; gen ch 1985]
(a) The parents or legal guardians of a minor child shall be jointly and severally liable for graffiti damage caused by the minor to real or personal property, whether publicly or privately owned. As used in this section, "graffiti" means any unauthorized drawing, inscription, figure, or marking created by paint, ink, chalk, dye, or similar substances.
(b) In addition to any other lawful orders, if a minor is found under chapter 571 to have committed an act constituting graffiti, the court shall:
(1) Require the minor, the parents, or the legal guardians to remove the graffiti from the affected property within sixty days of the order and pay for the cost of paint and materials; or if appropriate, pay for the actual cost of having the damaged property repaired or replaced; and
(2) Order the minor to perform a minimum of eighty hours of community service to remove graffiti from other properties.
(c) Nothing in this section shall affect the right of any person to maintain a civil action arising out of graffiti damage to property.
[L 1995, c 227, §1; am L 2007, c 196, §1]
A stepparent who acts in loco parentis is bound to provide, maintain, and support the stepparent's stepchild during the residence of the child with the stepparent if the legal parents desert the child or are unable to support the child, thereby reducing the child to destitute and necessitous circumstances.
[L 1957, c 79, §1; Supp, §330-3.5; HRS §577-4; gen ch 1985]
[Repealed]
[L 1969, c 169, §1]
All children during their minority shall obey the lawful commands of their parents, or, the lawful commands of their natural or adoptive parents, or of the guardians appointed according to law.
[PC 1869, c 79, §5; RL 1925, §3044; am L 1931, c 77, §2; RL 1935, §4512; RL 1945, §12263; RL 1955, §330-4; HRS §577-6; am L 1975, c 77, §1(2)]
(a) Parents or, in case they are both deceased, guardians, legally appointed, shall have control over the conduct and education of their minor children. They shall have the right, at all times, to recover the physical custody of their children by habeas corpus. All parents and guardians shall provide, to the best of their abilities, for the discipline, support, and education of their children.
(b) To the extent that the minor child has a beneficial interest in the income or principal of any trust which is applied for such purposes, parents or guardians shall not be required to pay the costs of registration, tuition, books, room and board, and other expenses incurred in connection with the attendance of a minor child at any private grammar, secondary, industrial arts or trade school, or at any college or university, whether or not the college or university is a private institution or is maintained by a state or any subdivision thereof. The power of the family court under sections 580-47 and 580-74 to compel the parties to a divorce or separation to provide for the education of a minor or an adult child shall not be limited by any provision of this subsection.
[L 1864, p 47; RL 1925, §3045; am L 1931, c 77, §3; RL 1935, §4513; RL 1945, §12264; RL 1955, §330-5; HRS §577-7; am L 1975, c 77, §1(2); am L 1982, c 84, §1]
(a) The purpose of this section is to help to eliminate any preference in a state or county executive agency or judiciary contract, program, or service that favors one parent over the other in terms of child-rearing; provided that nothing in this section is intended to affect maternity benefits. This section shall not serve as a legal basis to invalidate any state, county, or judiciary contract, program, or service.
(b) All state and county executive agencies and the judiciary shall review their respective contracts, programs, and services that affect parental roles in children's health, welfare, and education and, in the sole discretion of the agency or judiciary, determine whether a preference exists that favors one parent over another in the raising of their children. If a determination in the sole discretion of the agency or the judiciary is made that a preference exists, it shall direct its staff to analyze the preference and determine whether it unfairly precludes a parent from participating in child-rearing. If so, the state or county agency or the judiciary shall seek to eliminate that preference by encouraging modifications to ensure the inclusion of both parents in all contracts, programs, and services designed to assist in the raising of children; provided that this provision shall in no instance be interpreted to reduce or negatively impact maternity leave benefits or require any changes in personnel programs or work force policies.
(c) This section shall not apply to a preference that:
(1) The state or county agency or the judiciary determines to be in the best interest of the child;
(2) Would impose an unreasonable burden on the State, a county, or the judiciary by removing a preference from existing contracts, programs, or services; or
(3) Conflicts with existing collective bargaining contracts.
(d) Each state and county executive agency and the judiciary under subsection (b) shall report to the legislature on the implementation of this section no later than twenty days before the beginning of the regular session of 2003, and annually thereafter.
[L 2001, c 301, §2; am L 2002, c 162, §1]
[Repealed]
[L 1972, c 9, pt of §1]
In trials of any person over the age of majority arising under sections 709-902, 709-903, 709-904, and 709-905, the person proceeded against shall have the right to a trial by jury which shall be granted as in other cases, unless waived. If the finding of the jury is against the person tried their verdict shall so state, in which event the court, in its discretion, may enter such judgment as it deems proper in the premises.
[L 1925, c 167, pt of §1; RL 1935, §4516; RL 1945, §12266; RL 1955, §330-7; HRS §577-9; am L 1973, c 211, §2(a); am L 1975, c 77, §1(3)]
The family courts shall have exclusive jurisdiction of all cases coming within sections 709-902, 709-903, 709-904, and 709-905; provided that upon complaint made to any prosecuting officer of the commission of any offense coming within sections 709-902, 709-903, 709-904, and 709-905, the district judge within whose circuit the offense is alleged to have been committed may issue the judge's warrant for the arrest of the person accused of such offense, and commit the accused to the family court for the required proceedings.
[L 1925, c 167, pt of §1; am L 1929, c 126, §1; RL 1935, §4517; am L 1943, c 223, §1; RL 1945, §12267; am L 1945, c 142, §5; RL 1955, §330-8; am imp L 1965, c 232, §1; HRS §577-10; am L 1973, c 211, §2(b); gen ch 1985]
[Repealed]
[L 1973, c 211, §2(c)]
[Repealed]
[L 1972, c 9, pt of §1]
[Repealed]
[L 1973, c 211, §2(d)]
Except as otherwise provided by law, children whose parents have not been legally married, in contemplation of chapter 572, shall be designated as children whose parents have not been married to each other at the time of the children's birth, provided that any person, who in writing duly acknowledged before an officer authorized to take acknowledgments declares himself to be the father of those children, shall be compellable to provide those children with necessary maintenance and support and to pay the expenses of the mother's pregnancy and confinement. The mothers in all cases shall be compellable to maintain and support them during their minority.
[CC 1859, §1289; RL 1925, §3042; RL 1935, §4528; RL 1945, §12279; am L 1953, c 103, §1; RL 1955, §330-12; HRS §577-14; am L 1976, c 200, pt of §1; am L 1997, c 52, §7; am L 1998, c 11, §31]
For the purpose of taking, or determining eligibility to take, any benefit under any law or under any private instrument by the terms of which orphans are eligible to receive benefits, a child born to parents not married to each other and not adopted shall be deemed an orphan; provided that nothing in this section shall be construed to:
(1) Deprive any child of any rights of inheritance, any rights to support, or any other rights to which the child would be entitled; or
(2) Affect the liabilities of any other person with respect to any child to which the person would be subject if this section had not been enacted.
[L 1941, c 263, §1; RL 1945, §12281; RL 1955, §330-13; HRS §577-15; am L 1975, c 77, §1(4); am L 2018, c 18, §46]
Any child under sixteen years of age, who, except in case of necessity, or except when permitted so to do in writing by a judge of the family court, goes or remains on any public street, highway, public place, or private place held open to the public after ten o'clock in the evening and before four o'clock in the morning, unaccompanied by either a parent or guardian, or an adult person duly authorized by a parent or guardian to accompany the child, is subject to adjudication under section 571-11(2).
[L 1896, c 29, §1; am L 1907, c 34, §1; am L 1913, c 124, §1; am L 1915, c 44, §1; RL 1925, §3049; RL 1935, §4530; am L 1943, c 78, pt of §1; RL 1945, §12282; am L 1949, c 279, §1; RL 1955, §330-14; am imp L 1965, c 232, §1; HRS §577-16; am L 1975, c 77, §1(5); am L 1980, c 303, §6]
[§577-16.5] Sentencing for the violation of curfew. In addition to any other penalties established by law, rule, or ordinance in the State, any child found in violation of section 577-16 and their parents or guardians may be required to participate in such counseling, as the court deems to be appropriate in each case.
[L 1991, c 330, §2]
[Repealed]
[L 1975, c 77, §1(6)]
Any parent or guardian having the care, custody, and control of a child under sixteen years of age, who, except in case of necessity, knowingly, and voluntarily suffers or permits such child to go or remain on any public street, highway or public place after ten o'clock in the evening and before four o'clock in the morning, unaccompanied by an adult person thereto authorized by such parent or guardian, shall be fined not more than $100 or imprisoned not more than twenty days.
[L 1896, c 29, §2; RL 1925, §3050; RL 1935, §4532; am L 1943, c 78, pt of §1; RL 1945, §12284; RL 1955, §330-16; HRS §577-18; am L 1975, c 77, §1(7)]
Any keeper of a coffee shop, ice cream parlor, victualing or billiard saloon, bowling alley, skating rink, theater, show house, or premises in which any show, moving picture, or other like public entertainment is given, who permits any child under the age of sixteen years to be or remain upon the premises or in the saloon, rink, theater, show house, or premises, or in whose premises such child may be found between the hours of ten in the evening and six in the morning, unless the child is accompanied by the child's parent or guardian, or some other adult person thereto authorized by such parent or guardian, shall be fined not more than $100.
[L 1870, c 23, §1; am L 1915, c 44, §2; RL 1925, §3051; RL 1935, §4533; am L 1943, c 78, pt of §1; RL 1945, §12285; RL 1955, §330-17; HRS §577-19; am L 1975, c 77, §1(7); gen ch 1985]
If any keeper of any of the public places enumerated in section 577-19 finds difficulty in clearing the keeper's premises of school children, the keeper may call in the assistance of the police, who shall first order all such school children to return to their homes; and, if the order is not obeyed by the children, the police shall, subject to chapter 571, proceed to apprehend all children who have not proceeded to their homes.
[L 1870, c 23, §2; RL 1925, §3052; RL 1935, §4534; RL 1945, §12286; RL 1955, §330-18; am imp L 1965, c 232, §1; HRS §577-20; gen ch 1985]
Each of the counties may enact and enforce ordinances regulating the presence of children in public places and on public streets and roads during certain hours at night.
Upon each of the counties enacting an ordinance pertaining to curfew for children, then so far as that county is concerned, the ordinance shall have full force and effect, and shall supersede sections 577-16, 577-18, 577-19 and 577-20 until the ordinance is repealed or otherwise made invalid.
[L 1963, c 63, §2; Supp, §330-18.5; HRS §577-21; am L 1975, c 77, §1(8)]
It shall be unlawful for any unmarried minor to frequent, be, or remain upon, in, or around the premises of any dance hall where persons receive any remuneration or compensation, either directly or indirectly, for acting as dancing partners to the patrons of the dance hall. The acceptance or receipt of any of the proceeds of the sale of any article to any patron of the dance hall by any such person under eighteen, or by anyone acting on such person's behalf, constitutes receiving [of] remuneration or compensation within the meaning of this section. Any minor violating this section is subject to adjudication under section 571-11(1).
[L 1927, c 224, pt of §1; RL 1935, §4535; RL 1945, §12287; RL 1955, §330-19; am L 1957, c 281, §1; am imp L 1965, c 232, §1; HRS §577-22; am L 1975, c 77, §1(8); am L 1980, c 170, §1]
Any parent, guardian, or other person having the care, custody, or control of an unmarried minor, who knowingly permits such minor to violate section 577-22, shall be fined not more than $50 or imprisoned not more than thirty days.
[L 1927, c 224, pt of §1; RL 1935, §4536; RL 1945, §12288; RL 1955, §330-20; HRS §577-23; am L 1975, c 77, §1(8)]
Any person who knowingly takes, escorts, or accompanies any unmarried minor to a dance hall which the minor is prohibited from attending by section 577-22, or who invites or encourages the minor to attend such dance hall, shall be fined not more than $100 or imprisoned not more than ninety days.
[L 1927, c 224, pt of §1; RL 1935, §4537; RL 1945, §12289; RL 1955, §330-21; HRS §577-24; am L 1975, c 77, §1(8)]
(a) Any law to the contrary notwithstanding, a minor shall be deemed to be emancipated if the minor has:
(1) Entered into a valid marriage pursuant to chapter 572; or
(2) Received a declaration of emancipation issued by the family court pursuant to this section.
(b) An emancipated minor shall be considered to have the rights and responsibilities of an adult; provided that nothing in this section shall:
(1) Be deemed to confer upon an emancipated minor the right to vote in any federal, state, or county election, or the right to purchase, possess, consume, or sell alcoholic beverages, tobacco products, or electronic smoking devices;
(2) Prevent the petitioning minor from continuing to receive educational, mental health, or other services the minor is receiving solely due to the minor's age; or
(3) Change the status of the emancipated minor to be deemed a minor in connection with any criminal law or affect the exclusive original jurisdiction of the family court over such persons under sections 571-11(1) and (12).
(c) A minor shall be considered emancipated for the purposes of, but not limited to the right to:
(1) Enter into enforceable contracts, including apartment leases;
(2) Sue or be sued in the minor's own name;
(3) Retain the minor's personal earnings;
(4) Establish a separate domicile;
(5) Act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including property transactions and obtaining accounts for utilities, except for estate or property matters that a court determines may require a conservator or guardian ad litem;
(6) Earn a living, subject only to the health and safety regulations designed to protect individuals under the age of majority regardless of their legal status;
(7) File the minor's own tax returns and pay taxes pursuant to applicable personal income tax laws;
(8) Authorize the minor's own preventive health care, medical care, dental care, mental health care, and substance abuse treatment without knowledge or liability of the minor's parents or guardian;
(9) Apply for a driver's license or other state licenses for which the minor may be eligible;
(10) Register for school;
(11) Marry;
(12) Apply to medical and other public assistance programs administered by the State or its political subdivisions;
(13) If the minor is a parent, make decisions and give authority in caring for the minor's child; and
(14) Execute a will and other estate planning documents, including trust documents, durable power of attorney, and an advance health care directive.
(d) A minor who has reached the age of sixteen years who seeks to be emancipated may file a petition for a declaration of emancipation with the family court in the circuit in which the minor resides. The petition shall be filed on behalf of the minor seeking emancipation by any state agency or an attorney of the minor, and a parent or guardian of a minor shall not, in their individual capacity or as a representative or agent of the minor, petition for emancipation of the minor.
(e) The petition for a declaration of emancipation shall be signed and verified by the petitioning minor, and shall include:
(1) The minor's full name and birth date;
(2) A certified copy of the minor's birth certificate, if available;
(3) The name and last known address of the minor's parents or guardian;
(4) The minor's present address and duration of the minor's residency at that address;
(5) A declaration by the minor attesting that:
(A) The minor resides separately and apart from the minor's parents or guardian at the minor's own will;
(B) The minor is managing or has the ability to manage the minor's financial affairs, including supporting documentation of the minor's income and expenses;
(C) The minor is managing or has the ability to manage the minor's personal and social affairs, including supporting documentation on proof of housing; and
(D) The source of the minor's income is not derived from any activity in violation of any laws of the State or the United States; and
(6) Any other information deemed necessary by the court.
The judiciary shall prepare and make available to the public forms that may be used for emancipation proceedings.
(f) Upon receipt of the petition, the court shall:
(1) Set a date for hearing on the petition as soon as practicable;
(2) Issue a summons requiring the appearance of the minor's parents or guardian and any other person deemed necessary by the court unless the parents or guardian and the person deemed necessary by the court promise in writing to appear voluntarily; and
(3) Appoint a guardian ad litem to represent the interest of the minor throughout the pendency of the minor's emancipation proceedings.
Nothing in this subsection shall be construed to prevent the petitioning minor from obtaining the minor's own legal counsel to represent the minor in the emancipation proceeding.
(g) The fees and costs of a guardian ad litem appointed pursuant to subsection (f) may be paid for by the court, unless the minor or the minor's parents or guardian have sufficient funds.
(h) Proceedings for a petition for declaration of emancipation shall be heard by the court separately from hearings of adult cases and without a jury. The court shall grant the petition and issue a declaration of emancipation if it finds clear and convincing evidence that:
(1) The minor is at least sixteen years of age;
(2) The minor is a resident of the State;
(3) The minor resides separately and apart from the minor's parents or guardian at the minor's own will, with or without the parents' or guardian's consent, and in absence of undue influence or coercion by a third party;
(4) The minor is managing or has the ability to manage the minor's financial affairs;
(5) The minor is managing or has the ability to manage the minors' personal and social affairs;
(6) The source of the minor's income is not derived from any activity in violation of any laws of the State or the United States;
(7) The minor understands the minor's rights and responsibilities as an emancipated minor in the State, and has been given the time and opportunity to consider alternatives to emancipation, if any, before conclusion of the hearing;
(8) The minor is not seeking emancipation under duress, including by coercion of a parent, guardian, or any other third party; and
(9) Emancipation is in the best interest of the minor.
A declaration of emancipation issued by the court shall be conclusive evidence that the minor is emancipated and shall terminate the rights of the minor's parents to the custody, control, services, and earnings of the minor.
(i) A declaration of emancipation obtained by fraud or by the withholding of material information shall be voidable. A petition to void a declaration of emancipation on the ground that the declaration was obtained by fraud or by the withholding of material information may be filed by any person with the family court that issued the declaration of emancipation.
(j) A declaration of emancipation of a minor who has subsequently become indigent with no means of support shall be subject to rescission. A petition to rescind a declaration of emancipation on the ground that the minor has become indigent may be filed by:
(1) The minor declared emancipated;
(2) The minor's parents or former guardian; or
(3) The corporation counsel or county attorney of the county in which the minor resides,
with a family court in the circuit in which the minor or the parents or former guardian resides.
(k) Upon filing of a petition to void or rescind a declaration of emancipation pursuant to subsection (i) or (j), the court shall:
(1) Set a date for hearing on the petition as soon as practicable; and
(2) Issue a summons requiring the appearance of the minor if the minor is not the petitioner, the minor's parents or former guardian, and any other person deemed necessary by the court unless the minor, the minor's parents or former guardian, and the person deemed necessary by the court promise in writing to appear voluntarily. Summons issued to the parents or former guardian of the minor shall be accompanied by a statement that they may be liable to provide support to the minor, including provision of medical insurance coverage, if the declaration of emancipation is voided or rescinded. Liability shall not accrue to a parent or guardian of a minor whose emancipation has been voided or rescinded until the parent or guardian has actual notice of the voidance or rescission.
(l) Proceedings for a petition to void or rescind a declaration of emancipation shall be heard by the court separately from hearings of adult cases and without a jury. The court shall grant the petition and issue an order:
(1) Voiding the declaration of emancipation if the court finds clear and convincing evidence that the declaration was obtained by fraud or by the withholding of material information; or
(2) Rescinding the declaration of emancipation if the court finds clear and convincing evidence that the rescission of the declaration of emancipation will be in the best interest of the minor.
The voiding or rescission of a declaration of emancipation shall not alter any contractual obligation or right or any property right or interest that arose during the period that the declaration was in effect.
(m) Service of summons issued pursuant to this section shall be made personally by the delivery of a copy thereof, together with a copy of the relevant petition, to the person summoned; provided that if a judge determines that personal service of the summons is impracticable, the judge may order service by certified or registered mail addressed to the last known address or by publication, or both. Service effected no less than forty-eight hours before the time fixed in the summons for the return thereof shall be sufficient to confer jurisdiction; provided that jurisdiction shall be conferred if any person who might be so summoned appears voluntarily at the time and place appointed and waives the service and the notice.
Service of summons, process, or any notice required by this section may be made by any suitable person under the direction of the court and upon request of the court shall be made by any police officer.
(n) Notwithstanding any other law to the contrary, and except as otherwise provided in this section, the court shall order reasonable fees for counsel, experts, and other costs of services required in relation to a petition for declaration of emancipation, including reasonable fees for service of process of the petition, summons, and notice of hearing, to be paid by the minor's parents or guardian, regardless of whether the fees were incurred by the minor or other parties or ordered by the court.
(o) The petitioner or any other person admitted as party to a petition hearing concerning emancipation of a minor pursuant to this section may file an appeal from the court's issuance of or denial of a declaration of emancipation, an order voiding a declaration of emancipation, or an order rescinding a declaration of emancipation pursuant to section 571-54.
(p) As used in this section:
"Emancipation" means termination of the rights of the parents of a minor to the custody, control, services, and earnings of a minor.
"Guardian" means a person appointed or qualified by a court as a guardian of an individual and includes a limited guardian, but excludes a person who is merely a guardian ad litem.
"Minor" means a person under the age of majority.
[L 1976, c 164, §1; am L 2023, c 79, §2]
(a) A counselor, certified, licensed, or otherwise authorized by law to engage in the practice of counseling services in either or both the public and private sector, may inform the spouse, parent, custodian, or guardian of any minor who requests, is referred for, or received counseling services relating to alcohol or drug abuse.
(b) If a minor consents to receive counseling services for alcohol or drug abuse, the spouse, parent, custodian, or guardian of the minor shall not be liable for the legal obligations resulting from the furnishing of such counseling services provided by the counselor. A minor who consents to the provision of counseling services under this section shall assume financial responsibility for the costs of such services, if any.
(c) Notwithstanding any other law to the contrary, no spouse, parent, custodian, or guardian, whose consent has not been obtained or who has no prior knowledge that the minor has consented to the provision of such counseling services for alcohol or drug abuse shall be liable for the costs incurred by virtue of the minor's consent.
(d) Notwithstanding any other law to the contrary, any action to recover any debt founded upon any contract, obligation or liability under this section shall not commence until a minor has reached the age of majority; provided that said action shall commence within two years of date a minor reaches the age of majority.
(e) The consent to the provision of furnishing counseling services for alcohol or drug abuse by the counselor when executed by a minor who is or professes to suffer from alcohol or drug abuse, shall be valid and binding as if the minor had achieved the minor's majority; that is, the minor who is or professes to suffer from alcohol or drug abuse, shall be deemed to have, and shall have the same legal capacity, the infancy of the minor and any contrary provisions of law notwithstanding, and such consent shall not be subject to later disaffirmance by reason of such minority; and the consent of no other person (including but not limited to a spouse, parent, custodian, or guardian) shall be necessary in order to authorize such counseling services to such a minor.
(f) In the provision of counseling services for alcohol or drug abuse, the counselor shall seek to open the lines of communication between the minor and the spouse, parent, custodian, or guardian; provided such action is deemed beneficial in achieving the desired counseling objectives.
[L 1978, c 179, §1; am L 1982, c 147, §25; gen ch 1993]
(a) Upon the filing of a police report that a child is missing by the parent or guardian, the law enforcement agency receiving notification shall:
(1) Immediately inform all on-duty law enforcement officers of the existence of the missing child report;
(2) Report pertinent information about the missing child to any other law enforcement agency having jurisdiction in the county; and
(3) Immediately transmit pertinent information on the missing child for inclusion within the state juvenile justice information system, and, if it appears that the juvenile has left the State or may leave the State, the National Crime Information Center system.
(b) A missing child report filed with a law enforcement agency which has jurisdiction is sufficient documentation for entering a juvenile in the missing persons' files of the juvenile justice information system, the National Crime Information Center, or both. Law enforcement agencies having jurisdiction over the missing child shall comply with any information required by the National Crime Information Center to effectuate the purpose of this [section].
(c) In the case of a parental kidnapping, the law enforcement agency shall obtain from the reporting parent or guardian a certified copy of the custody papers.
[L 1994, c 244, §1]
(a) Except for children placed under the custody of the department of human services, pursuant to proceedings under chapter 587A, a caregiver who possesses and presents a notarized affidavit of caregiver consent for a minor's health care under subsection (b) may consent on behalf of a minor to primary and preventive medical and dental care and diagnostic testing, and other medically necessary health care and treatment. Examination and treatment shall be prescribed by or under the supervision of a physician, advanced practice nurse, dentist, or mental health professional licensed to practice in the State.
(b) An affidavit of caregiver consent for a minor's health care shall include the following:
(1) The caregiver's name and current home address;
(2) The caregiver's birthdate;
(3) The number of the caregiver's Hawaii driver's license or state identification card;
(4) The relationship of the caregiver to the minor;
(5) The minor's name;
(6) The minor's birthdate;
(7) The length of time the minor has resided with the caregiver;
(8) The caregiver's signature under oath affirming the truth of the matter asserted in the affidavit;
(9) The signature of the minor's parent, guardian, or legal custodian consenting to the caregiver's authority over the minor's health care; provided that the signature of the minor's parent, guardian, or legal custodian shall not be necessary if the affidavit states that the caregiver has been unable to obtain the signature of the minor's parent, guardian, or legal custodian, and includes a statement by the caregiver documenting the attempts to obtain the signature of the minor's parent, guardian, or legal custodian; and
(10) A statement, as follows:
"General Notices:
This declaration does not affect the rights of the minor's parent, guardian, or legal custodian regarding the care, custody, and control of the minor, other than with respect to health care, and does not give the caregiver legal custody of the minor.
The minor's parent or legal custodian may at any time rescind this affidavit of caregiver consent for a minor's health care by providing written notification of the rescission to the appropriate health care professional.
A person who relies in good faith on this affidavit of caregiver consent for a minor's health care has no obligation to conduct any further inquiry or investigation and shall not be subject to civil or criminal liability or to professional disciplinary action because of that reliance."
(c) The affidavit of caregiver consent for a minor's health care shall be superseded by written notification from the minor's parent, guardian, or legal custodian to the health care professionals providing services to the minor that the affidavit has been rescinded.
(d) Any person who relies in good faith on the affidavit of caregiver consent for a minor's health care shall:
(1) Have no obligation to conduct any further inquiry or investigation; and
(2) Not be subject to civil or criminal liability or to professional disciplinary action because of such reliance.
(e) The consent authorized by this section shall not be applicable for purposes of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
(f) The caregiver consent for a minor's health care is a separate document and shall serve a purpose distinct from the affidavit for caregiver consent under section 302A-482.
(g) As used in this section, "caregiver" means any person who is at least eighteen years of age and:
(1) Is related by blood, marriage, or adoption to the minor, including a person who is entitled to an award of custody pursuant to section 571-46(a)(2) but who is not the legal custodian or guardian of the minor; or
(2) Has resided with the minor continuously during the immediately preceding period of six months or more.
[L 2005, c 208, §1; am L 2008, c 114, §4; am L 2010, c 135, §7; am L 2019, c 111, §41]
(a) Notwithstanding any other law to the contrary, a minor who is fourteen years of age or older may consent to mental health treatment or counseling services provided by a licensed mental health professional or mental health professional if, in the opinion of the licensed mental health professional, the minor is mature enough to participate intelligently in the mental health treatment or counseling services without parental or legal guardian consent, knowledge, or participation; provided that the consent of the minor's parent or legal guardian shall be required to prescribe medication to the minor or to place the minor into an out-of-home or residential treatment program.
(b) The mental health treatment or counseling services provided to a minor as authorized by this section shall include involvement of the minor's parent or legal guardian, unless the licensed mental health professional or mental health professional and licensed mental health professional, after consulting with the minor, determines that the involvement would be inappropriate. The mental health professional shall ensure that the covered entity has been notified that minor-initiated mental health treatment or counseling services should not be disclosed.
(c) A covered entity shall have policies and procedures established to maintain nondisclosure of the minor-initiated mental health treatment or counseling services to the parent or legal guardian in accordance with federal regulations, including [title] 45 Code of Federal Regulations section 164, subpart E. The mental health professional shall be entitled to submit a claim to the covered entity for the provision of minor-initiated treatment or counseling services to the minor pursuant to this section, but shall not bill for out-of-pocket payments, copayments, coinsurance, or deductibles.
(d) A minor may not abrogate consent provided by a parent or legal guardian on the minor's behalf. A parent or legal guardian may not abrogate consent given by the minor on the minor's own behalf.
(e) If a minor consents to receive mental health treatment or counseling services pursuant to this section, the minor shall not be liable for payment.
(f) The minor's parent or legal guardian shall not be liable for payment for mental health treatment or counseling services provided pursuant to this section unless the parent or guardian participates in the mental health treatment or counseling services, and then only for services rendered with the participation of the parent or guardian.
(g) Pursuant to this section, upon notification from the mental health professional that minor-initiated mental health treatment or counseling services should not be disclosed, a covered entity shall not disclose to the minor's parent or legal guardian who is a policyholder or other covered person, any billing information, including payments made by the covered entity for minor-initiated mental health treatment or counseling services.
(h) For the purposes of this section:
"Covered entity" has the same meaning as in title 45 Code of Federal Regulations section 160.103.
"Licensed mental health professional" means a person who provides counseling as part of the following professions:
(1) A licensed mental health counselor licensed pursuant to chapter 453D;
(2) A licensed marriage and family therapist licensed pursuant to chapter 451J;
(3) A licensed clinical social worker licensed pursuant to chapter 467E;
(4) A licensed psychologist licensed pursuant to chapter 465;
(5) A physician licensed pursuant to chapter 453, who is board certified, or board eligible, in psychiatry; or
(6) An advanced practice registered nurse licensed pursuant to chapter 457 who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization.
"Mental health professional" means a person who is working under the supervision of a licensed mental health professional and:
(1) Is enrolled in an accredited training program; or
(2) Has completed all licensing requirements except the hours of supervised post-degree experience or examination required for state licensure as a licensed mental health counselor pursuant to chapter 453D; licensed marriage and family therapist pursuant to chapter 451J; licensed clinical social worker pursuant to chapter 467E; licensed psychologist pursuant to chapter 465; or advanced practice registered nurse licensed pursuant to chapter 457.
"Mental health treatment or counseling services" means the provision of outpatient mental health treatment or counseling by a licensed mental health professional or mental health professional.
[L 2016, c 181, §1; am L 2017, c 88, §9; am L 2020, c 37, §2]
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