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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 3. Property; Family § 571-31.1 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-571-31-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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