Rule 124.Informal Adjustment Procedure.

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

In one sentenceRule 124 requires the parties to be told that informal adjustment is not an adjudication but is treated as an admission at a later disposition.

Full Text of Rule 124

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The court officer shall inform the parties that informal adjustment will not constitute an adjudication of jurisdiction and that if they wish the facts to be determined by the court at a hearing, no effort will be made to arrive at informal adjustment. If the court decides to continue the intake process to attempt informal adjustment of the complaint, plans for continuing contact with the child by the probation department without the filing of a petition shall be discussed. The parties shall be informed that information obtained from them by the probation department during the intake period will not be admissible in evidence against them at the adjudication hearing, that they need not continue to participate in the adjustment process; and that the effort at informal adjustment shall not prevent the filing of a petition at a future date. However, no such petition shall be filed if 90 days have elapsed after the complaint has been received by the court unless prior thereto an extension of the time for filing has been approved by a judge.

The parties shall be informed, however, that an informal adjustment if agreed upon is tantamount to an admission of the child’s complicity in the commission of the offense and that this information may be considered at a disposition hearing for any subsequently adjudicated offense.

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

The court officer must tell the parties two things before informal adjustment begins. First, that informal adjustment will not constitute an adjudication of jurisdiction. Second, that if they want the facts determined by the court at a hearing, no effort will be made to arrive at an informal adjustment. The choice is theirs and it is put to them plainly.

Where the court decides to continue the intake process to attempt an adjustment, plans for continuing contact are made as the rule provides.

The warning in the last paragraph is the one that matters most. The parties must be informed that an informal adjustment, if agreed, is tantamount to an admission of the child complicity in the commission of the offence, and that this may be considered at a disposition hearing for any subsequently adjudicated offence. Avoiding a hearing now has a cost later, and the rule requires the family to be told what it is.

Frequently Asked Questions

Is informal adjustment an adjudication in Hawaii?

No. The court officer must inform the parties that it will not constitute an adjudication of jurisdiction.

Does informal adjustment count as an admission?

The parties must be told it is tantamount to an admission of the child complicity in the commission of the offence.

Can it be used later?

Yes. It may be considered at a disposition hearing for any subsequently adjudicated offence.

Can I insist on a hearing instead?

Yes. The parties must be told that if they want the facts determined by the court at a hearing, no effort will be made to arrive at an informal adjustment.

What is inadmissible from the intake process?

Rule 123 makes information about the allegations obtained during intake inadmissible at adjudication where the child denies the petition.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 124). 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: informal adjustment hawaii juvenilejuvenile diversion hawaiihawaii family court rule 124