Rule 134.Prehearing Procedure.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 134
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
On receiving notice of admission, the court must have a prompt investigation made of any child not released by the director of detention services or whoever has custody. A member of the court staff makes it and prepares a written report.
The report answers five questions. Whether the child requires care away from home and why. If so, whether the child requires secure physical restriction, either for the child own welfare or for the safety of the community. Which agencies or individuals outside the court are already active in treatment or consultation with the child or family. What efforts have been made to notify them of the detention hearing. And what alternatives to continued detention exist.
That last question is the one that gives the rule its shape. The report is not a justification for detention; it is required to identify what else could be done.
Where the child is already within the court jurisdiction from a previous adjudication, the assigned probation officer or their supervisor must be notified of the detention and consulted before any release ahead of the hearing.
Frequently Asked Questions
What investigation happens before a Hawaii detention hearing?
A prompt investigation by a member of the court staff, who prepares a written report, for any child not released by the director of detention services or other custodian.
What must the report cover?
Whether the child needs care away from home and why, whether secure physical restriction is required, which outside agencies are active, what efforts were made to notify them, and what alternatives to continued detention exist.
Does the report have to consider alternatives?
Yes. Identifying alternatives other than continued detention is one of the five required elements.
What if the child is already on probation?
The assigned probation officer or their supervisor must be notified of the detention and consulted before the child is released ahead of the hearing.
Who sees the report?
Rule 135 requires written reports and social records made available to the court at the hearing to be made available to the parties at or before it, subject to the judge power to withhold material as the rule provides.