Rule 123.Intake Procedure.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 123 sets the intake interview process and makes what a child says there inadmissible at adjudication if the petition is denied.

Full Text of Rule 123

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If the alleged facts recited in the complaint appear to be legally sufficient for the filing of a petition, and if they are serious enough to warrant further investigation by the court, the court may request the child and the person or persons who have the child’s custody to attend an intake interview.

The court officer may schedule a subsequent interview with a member of the court staff in an attempt to adjust the matter informally without the filing of a petition. At any time during the intake process, the court officer may terminate the effort at adjustment and recommend the filing of a petition.

If the child denies the petition, all information pertaining to the allegations contained in the petition obtained during the intake interviews shall be inadmissible at the adjudication hearing. Said information shall be considered only in the disposition of an adjudicated petition.

End

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

Where the alleged facts in a complaint appear legally sufficient for a petition and serious enough to warrant further investigation, the court may request the child and whoever has custody of the child to attend an intake interview.

The court officer may schedule a further interview with court staff in an attempt to adjust the matter informally, without a petition being filed. That attempt can be abandoned at any point: the officer may terminate the effort and recommend filing a petition.

The protection in the last paragraph is what makes the process workable. If the child denies the petition, all information about the allegations obtained during the intake interviews is inadmissible at the adjudication hearing. It may be considered only at the disposition of an adjudicated petition. A child who talks openly at intake is not handing the court its case.

Frequently Asked Questions

What is an intake interview in a Hawaii juvenile case?

An interview the court may request the child and their custodian to attend, where the alleged facts are legally sufficient for a petition and serious enough to warrant further investigation.

Can what my child says at intake be used against them?

Not at adjudication. If the child denies the petition, all information about the allegations obtained during intake is inadmissible at the adjudication hearing.

When can intake information be used?

Only in the disposition of an adjudicated petition.

Can intake end without a petition?

Yes. The court officer may attempt to adjust the matter informally under Rule 124, and may also terminate that effort and recommend filing a petition.

Who attends the intake interview?

The child and the person or persons who have the child custody.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 123). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

Also known as: juvenile intake hawaiiintake interview admissible hawaiiinformal adjustment hawaii juvenilehawaii family court rule 123