Rule 148.Dismissal of Petition.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 148
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 may at any time dismiss a petition and so terminate the proceedings relating to the child. No motion is required and no stage of the case is excluded.
The test has two limbs joined by the word and: the dismissal must be in the interest of justice and the welfare of the child. Both have to be satisfied.
Compare Rule 114, which in adoption requires a supported motion and lets the court impose conditions, and Rule 41, which in ordinary civil practice lets a plaintiff dismiss by notice before service. Here the power belongs to the court alone, and it is exercised for the child rather than at a party request.
Frequently Asked Questions
Can a Hawaii juvenile petition be dismissed?
Yes. The court may at any time dismiss a petition and terminate the proceedings relating to the child.
What is the test?
That the dismissal is in the interest of justice and the welfare of the child.
Is there a deadline?
No. The rule allows dismissal at any time.
Does a party have to ask?
The rule places the power in the court and does not require a motion.
How does this differ from adoption?
Rule 114 requires a court order on a motion supported by an affidavit or declaration signed by the petitioner, with conditions the court deems proper.