Rule 136.Review of Detention Orders.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 136
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 a child held in shelter care or detention by court order has not been released after a detention hearing or an earlier review under this rule, or has not appeared at an adjudication hearing within eight days, the court shall review the case.
The review may be a hearing or a review of the child file, and it happens at least once every 8 days. Shall, not may, and the cycle repeats for as long as the child is held.
Read with Rule 135, which caps a detention order at seven days and requires a petition within seven days where the child stays in custody, this is the provision that makes continued detention an active decision rather than a default. Nobody remains in custody because the file was not looked at.
Frequently Asked Questions
How often is juvenile detention reviewed in Hawaii?
At least once every 8 days, where the child has not been released after a detention hearing or an earlier review, or has not appeared at an adjudication hearing within eight days.
Is the review a hearing?
It may be. The court reviews the case either in a review hearing or by review of the child file.
What triggers the review?
The child not having been released after a detention hearing or a prior review, or not having appeared at an adjudication hearing within eight days.
How long can a single detention order run?
Rule 135 caps it at seven days, subject to extension under this rule.
Does a petition have to be filed?
Yes. Rule 135 requires one within seven days where the child is not released and an adjudication hearing is to be scheduled.