Rule 135.Detention Hearing.

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

In one sentenceRule 135 sets the detention hearing, caps an order at seven days, and requires a petition within seven days if the child stays in custody.

Full Text of Rule 135

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At the detention hearing, the court may admit any testimony and other evidence relevant to the necessity for detaining the child, including the report of investigation required by Rule 134 of these Rules. Any written reports or social records made available to the court at the hearing shall be made available to the parties at or before the hearing, provided that the judge may withhold such material from the child if the judge reasonably believes that to do so would be in the best interest of the child. A copy of the petition, if one has been filed, but not yet served, shall be given to each of the parties at or before the hearing.

A detention hearing may be held without the presence of the child’s parents, guardian or custodian if they cannot be located or refuse or neglect to attend.

At the conclusion of the hearing, the court shall order the child released from shelter care or detention, or it shall issue an order authorizing either shelter care or detention for up to seven days, subject to extension pursuant to Rule 136 of these Rules. If the child is not released and in the event that an adjudication hearing is to be scheduled, a petition shall be filed within seven days of the initial detention hearing, unless an extension of time is authorized by the judge.

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

At the detention hearing the court may admit any testimony and other evidence relevant to the necessity for detaining the child, including the investigation report Rule 134 requires. Written reports and social records made available to the court must be made available to the parties at or before the hearing, subject to the judge power to withhold material as the rule provides.

The hearing may be held without the child parents, guardian or custodian if they cannot be located or refuse or neglect to attend. The child absent family does not delay the decision about the child liberty.

At the conclusion the court has two options: order the child released, or issue an order authorizing shelter care or detention for up to seven days, subject to extension under Rule 136. There is no open-ended detention order.

And where the child is not released and an adjudication hearing is to be scheduled, a petition must be filed within seven days. Custody without a charge has a deadline.

Frequently Asked Questions

What evidence can the court hear at a Hawaii detention hearing?

Any testimony and other evidence relevant to the necessity for detaining the child, including the Rule 134 investigation report.

Do I get to see the reports?

Written reports and social records made available to the court at the hearing must be made available to the parties at or before it, subject to the judge power to withhold material as the rule provides.

Can the hearing go ahead without the parents?

Yes, if they cannot be located or refuse or neglect to attend.

How long can the court order detention?

Up to seven days, subject to extension under Rule 136.

How soon must a petition be filed?

Within seven days, where the child is not released and an adjudication hearing is to be scheduled.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 135). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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