Hawaii Revised Statutes
571. Family Courts
571-44 Physical or mental examination and treatment.

§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

Hawaii Revised Statutes

Title 31. Family

571. Family Courts

571-1 Construction and purpose of chapter.

571-2 Definitions.

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.

571-7 REPEALED.

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.

571-8.4 Jurisdiction.

571-8.5 Powers.

571-11 Jurisdiction; children.

571-12 Transfer from other courts.

571-13 Retention of jurisdiction.

571-14 Jurisdiction; adults.

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.

571-45 Assessment and investigation prior to disposition; suspension of delinquency proceedings; denial of services reporting.

571-46 Criteria and procedure in awarding custody and visitation; best interest of the child.

571-46.1 Joint custody.

571-46.2 Orders relating to custody and visitation cases.

571-46.3 Grandparents' visitation rights; petition; notice; order. A grandparent or the grandparents of a minor child may file a petition with the court for an order of reasonable visitation rights. The court may award reasonable visitation rights pr...

571-46.4 Child custody evaluators; qualification; registry; complaints.

571-46.5 Parenting plans. (a) For every action that includes a contested custody of children, both parties or both parents shall develop either a mutually agreed-upon general parenting plan or separate individually-desired parenting plan, and file th...

571-46.6 Criteria and procedure in awarding custody and visitation; disability.

571-47 Determination of parentage of child born in wedlock.

571-48 Decree, if informal adjustment or diversion to a private or community agency or program has not been effected.

571-48.5 Probation supervision requirements.

571-48.6 Earned discharge from probation; reporting requirements.

571-49 REPEALED.

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.

571-52.1 REPEALED.

571-52.2 Automatic assignment by court or administrative order of future income for payment of child support.

571-52.3 Immediate income withholding.

571-52.5 Guidelines to determine child support amounts.

571-52.6 Child support order, judgment, or decree; accident and health or sickness insurance coverage.

571-52.7 Award of costs and reasonable attorneys' fees.

571-53 Signing of papers.

571-54 Appeal.

571-55 Certification in lieu of oath.

571-56 Offense.

571-57 Penalty.

571-61 Termination of parental rights; petition.

571-62 Hearing; investigation and report.

571-63 Findings and judgment.

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.

571-81 Contempt of court.

571-82 Court sessions; quarters.

571-83 Court and witness fees.

571-84 Records.

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.

571-86 Cooperation.

571-86.5 Statewide juvenile justice interdepartmental cluster; local juvenile justice interdepartmental cluster; high-need youth services coordination.

571-87 Appointment of counsel and guardian ad litem; compensation.

571-88 Orders expunging juvenile arrest records.

571-89 Family court; annual report.

571-91 Definitions.

571-92 Application.

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.