§571-44 Physical or mental examination and treatment. The court may order that a child or minor concerning whom a petition has been filed shall be examined by a physician, surgeon, psychiatrist, or psychologist, and it may order treatment, by them, of a child or minor who has been adjudicated by the court. For either the examination or treatment, the court may place the child or minor in a hospital or other suitable facility. The court, after hearing, may order examination by a physician, surgeon, psychiatrist, or psychologist, of a parent or guardian whose ability to care for a child before the court is at issue.
No child under the age of twelve shall be adjudged to come within section 571-11(1) without the written recommendation of a licensed psychologist or of a psychiatrist or other physician duly qualified by special training and experience in the practice of child psychiatry. [L 1965, c 232, pt of §1; Supp, §333-22; HRS §571-44; am L 1986, c 119, §1]
Rules of Court
Physical and mental examinations, see HFCR rule 35.
Case Notes
Where minor was adjudicated for alleged law violations without the statutorily required recommendation of a qualified physician or psychologist, pursuant to this section, and without the constitutional protections that apply to proceedings conducted under §571-11(1) jurisdiction, the family court erred in proceeding under §571-11(2) jurisdiction based on the material allegations of the amended petition filed against minor. 123 H. 184, 231 P.3d 457 (2010).
Structure Hawaii Revised Statutes
571-1 Construction and purpose of chapter.
571-3 Family courts, divisions of circuit courts.
571-4 Family courts, circuits.
571-5 Board of family court judges.
571-6 Appointment and duties of employees.
571-8 District family courts; district family judges; appointment; sessions.
571-8.1 Qualifications; tenure; removal.
571-8.2 Salary of district family judges.
571-8.3 Disqualification; absence; vacancy.
571-11 Jurisdiction; children.
571-12 Transfer from other courts.
571-13 Retention of jurisdiction.
571-21 Complaint; investigation; petition.
571-22 Waiver of jurisdiction; transfer to other courts.
571-22.5 Appeal of waiver of jurisdiction.
571-23 Summons; notice; custody of minor.
571-24 Failure to answer summons; warrants.
571-31 Taking children into custody; release; notice.
571-31.1 Standard for detention.
571-31.2 Juvenile intake and diagnostic services.
571-31.3 Voluntary assistance.
571-31.4 Informal adjustment, law violators.
571-31.5 Informal adjustment, status offenders.
571-31.6 Informal adjustment, minor who may be both law violator and status offender.
571-32 Detention; shelter; release; notice.
571-32.1 Contract and fee-for-service accommodations.
571-33 Detention and shelter facilities.
571-34 Criminal history record checks.
571-41 Procedure in children's cases.
571-41.1 Extradition of minors to Hawaii.
571-41.2 Extradition of minors from Hawaii.
571-42 Procedure in adult cases.
571-43 Additional remedies not pleaded.
571-44 Physical or mental examination and treatment.
571-46 Criteria and procedure in awarding custody and visitation; best interest of the child.
571-46.2 Orders relating to custody and visitation cases.
571-46.4 Child custody evaluators; qualification; registry; complaints.
571-46.6 Criteria and procedure in awarding custody and visitation; disability.
571-47 Determination of parentage of child born in wedlock.
571-48.5 Probation supervision requirements.
571-48.6 Earned discharge from probation; reporting requirements.
571-50 Modification of decree, rehearing.
571-51 Support of minor committed for study or care.
571-51.5 Modification of support and visitation decrees.
571-52 Assignment by court order of future income for payments of support.
571-52.3 Immediate income withholding.
571-52.5 Guidelines to determine child support amounts.
571-52.7 Award of costs and reasonable attorneys' fees.
571-55 Certification in lieu of oath.
571-61 Termination of parental rights; petition.
571-62 Hearing; investigation and report.
571-71 Juvenile crime prevention bureau; establishment of.
571-72 Duties and powers; reports; expungement of juvenile arrest records.
571-73 No limitations on family courts.
571-74 Rules and standards; investigation and questioning; fingerprinting and photographing.
571-82 Court sessions; quarters.
571-83 Court and witness fees.
571-84.5 Support order, decree, judgment, or acknowledgment; social security number
571-84.6 Minor law violators; proceedings and records not confidential.
571-85 Authority of probation officers; additional probation officers.
571-87 Appointment of counsel and guardian ad litem; compensation.
571-88 Orders expunging juvenile arrest records.
571-89 Family court; annual report.
571-93 Duty to cooperate and disclose information.
571-94 Hearings; electronic participation.
571-95 Sole factor; effect on existing orders.
571-96 Visitation and contact.
571-97 Delegation of the deployed parent's contact rights to another.