§571-31.4 Informal adjustment, law violators. (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.
(b) The deputy chief court administrators of each circuit shall together establish a framework that includes the criteria probation officers shall use to guide the exercise of discretion in providing informal adjustment.
(c) Informal adjustment under this section may include, among other suitable methods, programs, and procedures, the following:
(1) Participation in restitution projects to obtain appropriate victim satisfaction;
(2) Participation in community service projects so as to establish the child's self value in the community;
(3) Participation in community-based programs which work with the child and family to maintain and strengthen the family unit so that the child may be retained in the child's own home;
(4) Submission to neighborhood courts or panels upon procedures to be established by the court. As used in this paragraph "neighborhood courts or panels" are community organizations designed to settle minor disputes between parties on a voluntary basis using mediation or nonbinding arbitration;
(5) Participation in programs to support, counsel, or provide work and recreational opportunities to help prevent delinquency;
(6) Participation in educational programs or supportive services designed to help delinquents and to encourage other youths to remain in elementary and secondary schools or in alternative learning situations;
(7) Participation in youth-initiated programs and outreach programs designed to assist youth and families;
(8) Appropriate physical and medical examinations, vocational and aptitude testing, examinations for learning disabilities or emotional dysfunctions, and suitable counseling and therapy;
(9) Placement with nonsecure or secure shelter facilities;
(10) Restitution providing for monetary payment by the parents of the child; or
(11) Participation in a restorative justice program where the child and the child's parents or guardian, and other supporters of the child, may meet with the victim harmed by the child's law violation and the victim's supporters.
(d) Informal adjustment projects, programs, and services may be provided through public agencies or private agencies.
(e) In the event resources and services for informal adjustment are not available, have failed, are reasonably believed to fail if attempted, or are unable to respond to the needs of the child or family, the intake officer shall proceed with formal action, or take such action as is otherwise allowed under this chapter.
(f) Intake officers shall compile annual reports that include the number and per cent of referrals informally adjusted, and the number and per cent of children informally adjusted who avoided further system processing. The administrator of the juvenile client services branch in each judicial circuit shall compile the annual reports from the probation intake sections into a single annual report for each judicial circuit and shall submit the final report to the board of family court judges and the Hawaii juvenile justice state advisory council. [L 1980, c 303, pt of §5(3); am L 1986, c 133, §1; am L 1988, c 294, §5; am L 2013, c 62, §1; am L 2014, c 201, §10]
Rules of Court
Informal adjustment, see HFCR rule 124.