Rule 139.Contents of Summons.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 139
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 it appears from the petition and whatever investigation has been made that the child is in a condition or in surroundings requiring that the child be taken into custody for their welfare, the court may order it by endorsement on the summons itself.
The standard is the child welfare, and the finding rests on the petition plus the investigation, which in a detention case is the report Rule 134 requires.
Service of an endorsed summons is restricted to the categories the rule names, beginning with a police officer and a probation officer. An ordinary process server does not take a child into custody.
Frequently Asked Questions
When can a summons order a child taken into custody in Hawaii?
Where it appears from the petition and the investigation made that the child condition or surroundings require it for the child welfare.
How is that ordered?
By endorsement upon the summons.
Who serves an endorsed summons?
The categories the rule names, beginning with a police officer and a probation officer, rather than any process server.
What happens after the child is taken into custody?
What investigation supports the order?
Such investigation as has been made. In a detention case Rule 134 requires a written report covering five specific questions.