Hawaii Revised Statutes
571. Family Courts
571-31.1 Standard for detention.

§571-31.1 Standard for detention. (a) As used in this chapter, "protection of the community" means there is a threat to, and a necessity to protect, the person or property of others from:
(1) A minor who is alleged to have committed an offense which caused physical harm, or a threat of physical harm, to another person; or
(2) A minor who is alleged to have committed an offense which caused damage to, or theft of, property; and
(A) The minor's record reveals a pattern of behavior which has caused damage to, or loss of, property; and
(B) Previous control measures have failed.
(b) As used in this chapter, "immediate welfare" means:
(1) The minor is in physical, emotional, or psychological danger, or may be prior to the court's disposition;
(2) No parent or other responsible adult known to the decision-maker is willing and able to provide the type and degree of supervision necessary to protect the minor from that danger;
(3) No other secure facility is appropriate and available.
(c) In determining whether the immediate welfare or the protection of the community requires a minor's detention, an officer or other person may take into consideration the following, among other pertinent factors:
(1) The severity of the violation or violations which the child is reasonably believed to have committed;
(2) The frequency with which the child is reasonably believed to have committed such or other violations;
(3) The child's age, character, physical, and mental health;
(4) The interpersonal relationships between the child, the family, and the community; and
(5) Any previous history of referrals to the court. [L 1980, c 303, §4(3)]

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