Rule 115.Disposition of Minor Child on Dismissal, Withdrawal or Denial of Petition.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 115
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
When a petition for adoption is dismissed, withdrawn or denied, the child is left without the placement the petition was meant to create. This rule is what fills that gap.
The court may make appropriate temporary orders concerning the care, custody and control of the minor child involved. Temporary, because the adoption proceeding is over and a longer arrangement belongs in a proceeding of its own.
It may also refer the child to the department of human services, or to another appropriate agency or officer, for action as in the case of a minor child subject to the three jurisdictional paragraphs the rule names. That referral is what moves the child into the child protective or juvenile system where the circumstances call for it, rather than leaving the matter closed with the file.
Frequently Asked Questions
What happens to a child when a Hawaii adoption is denied?
The court may make appropriate temporary orders concerning the care, custody and control of the child, and may refer the child to the department of human services or another appropriate agency or officer.
Does this apply if the petition is withdrawn?
Yes. The rule covers dismissal, withdrawal and denial alike.
Are the orders permanent?
No. The rule authorizes appropriate temporary orders.
Where does the child go?
The court may refer the child to the department of human services or to another appropriate agency or officer for action as in the case of a child within the named jurisdictional provisions.
Can the petitioner just withdraw?
Not unilaterally. Rule 114 requires a court order on a supported motion.